ABID ALI Vs. STATE OF U P

JUDGEMENT

(1.) PETITIONERS Sarvasbri Abid Ali, Abdul Latif, and Jalauddin by means of this writ petition, have prayed for quashing the list of the certain castes amongst Muslims, which have been declared as backward castes or classes and accord reservation to the entire Muslim community as socially and economically backward class, as Muslims as a whole belong to weaker classes due to poverty. ,

(2.) MR. Abdul Latif Hamidi, who appeared in person, vehemently argued that Islam forbids caste system, and in this regard he cited various Surahs of the Holy Quran and the last command of the Prophet A. S. by declaring that all discrimination between men and women had been abolished, and only those who were the believers and righteous would be dearer to Almighty. It was submitted that as Islam has established a classless society and which does not believe in caste system, reservation to certain Muslim castes or classes as backward caste or class is against the tenet of Islam. He urged that Muslim community as a whole which is socially, educationally and economically backward, deserves to be declared as socially and educationally backward class.

(3.) IT was further indicated by Hon. Mr. Justice S. Ratnavael Pandian in para-98 of the report: "though in India, caste evil originated from Hindu religion that evil has taken its root so deep in the social structure of all the Indian communities and spread its tentacles far and wide thereby leaving no community from being influenced by the caste factor. In other words, it cannot be authoritatively said that some of the communi ties belonging to any particular religion are absolutely free from casteism or at least from its shadow. The only difference being that the rigour of caste varies from religion to religion and from region to region. Of course, in some of the communities, the influence of the caste factor may be minimal. So far as the Hindu society is concerned it is most distressing to note that it received sanction from the Hindu religion itself and perpetuated all through. " Hon'ble Mr. Justice P. B. Sawant concurring with the majority view indicated in para-47 5 of the report : "as far as Islam is concerned, Islam also does not recognize castes or caste system. However, among the Muslim, in fact there are Ashrafs and Ajlafs i. e. high born and low born. The Census Report of 1901 of the Province of Bengal records the following facts regarding the Muslims of the then Province of Bengal; "the conventional division of the Mohammedans into four tribes-Sheikh, Saiyad, Moghul and Pathan has very little application to this Province (Bengal ). The Mohammedans themselves recog nize two main social divisions, (1) Ashraf or Sharaf and (2) Ajlaf, Ashraf means 'noble' and includes all undoubted descen dants of foreigners and converts from high caste Hindus. All other Mohamedans including the occupational groups and all converts of lower ranks are known by the contemptuous terms 'ajlaf, 'wretches' or mean people ; they are also called Kamina or ITar, 'base' or Fasil, a corruption of Rizal, 'worthless'. In some places a third class, called Arzal or 'lowest of all', is added. With them no other Mahommedan would associate and they are forbidden to enter the mosque to use the public burial ground. With these groups, there (sic) castes with social precedence of exactly the same nature, as one finds among the Hindus. (1) Ashraf or better class Mohammedans : (i) Saiyad, (ii) Sheikhs, (iii) Pathans, (iv) Moghul, (v) Malik (vi) Mirza. (2) Ajlaf or lower class Mohammedans : (i) Cultivating Sheikhs. , and other who were originally Hindus but why do not belong to any functional group and have not gained admit tance to the Ashraf Community e. g. Pirali and Thakrai, (ii) Darzi, Jolaha, Fakir and Rangrez, (iii) Barhi, Bhathiara, Chik Churihar, Dai, Dhawa, Dhunia, Gaddi, Kala, Kasai, Kula, Kunjara, Latheri, Mahifarosh, Mallah, Naliya, Nikari (iv) Adbad, Bako Bediya. Bhatr Chamba, Dafali, Dhobi, Hajjam, Mocho, Nagarchi, Nat, Panwaria, Madaria and Tuntia. (3) Arzal or degraded class. Bhanar, Halalkhor, Hirja, Kashi, Lalbegi, Maagta, Mehtar, The Census Superintendent mentions another feature of the Muslim social system, namely the prevalence of the 'panchayat system'. He states : "the authority of the Panchayat extends to social as well as trade matters and-----marriage with people of other communities is one of the offences of which the governing body takes cognizence. The result is that these groups are often as strictly endogamous as Hindu caste. The prohibition on inter-marriage extends to higher as well as to lower castes, and a Dhuam, for example may marry no one but a Dhuma. If this rule is transgressed the offen der is at once hauled up before the panchayat and ejected ignominiously from his community. A member of one such group cannot ordinarily, gain admission to another, and he remains the designation of the community in which he was born even if he abandons its distinctive occupation and takes to other means of livelihood. . . . . . thousands of Jolahas ate butchers, yet they are still known as Jolahas. "