A huge political slugfest began when the NDA government told
the Supreme Court where the case of Minority status of Aligarh Muslim
University is on, that the Union Government does not want to be seen as setting
up a minority institution in a Secular state. The Centre’s current position is
diametrically opposite to that of the previous UPA government which had
appealed a verdict by Allahabad High court quashing the AMU amendment Act of
1981 again passed by the Indira Gandhi government that lent the Central
University the status of a minority institution.
A single bench of Allahabad High court in 2005 had described
the act of reserving half of AMU’s seats in Post-graduate medical course for
Muslims as ‘unconstitutional’. AMU had taken this decision through its Academic
Council and it was endorsed by the then HRD ministry. This decision was
challenged which was later held up by Chief Justice A. N Ray and Justice Ashok
Bhusan in early 2006. The UPA government was waging a legal battle for AMU to
obtain the official status of a ‘minority institution’. The Centre’s current
position is diametrically opposite to that of the previous Congress government
, which had appealed the Allahabad High Court verdict quashing the AMU
Amendment Act 1981 that had lent the Central University the status of a
‘minority institution’.
In 1981, When the Congress Government had brought in the Amendment;
the political party at the forefront of the protest was CPI and CPM. In the Lok
Sabha , Somnath Chatterjee had lashed
out against the government for ‘communalising ‘ educational institution. Prof.
Irfan Habib in his criticism of the Indira government has said that it was
trying to placate Muslim Politicians who wished to control AMU through
University court. In 2005 some left members had called then HRD minister ‘congress
maulana’ for ratifying the decision made
by the AMU’s Executive Council to reserve half of its seat for Muslims in 36
post graduate courses.
But this time the valueless left has gone back on the value
it stood earlier and called the NDA’s decision as a reflection of its attitude
towards minorities. A memorandum to the government has been signed to change
its stand and challenge Allahabad High court verdict. The argument that is being made is that Sir
Syed had received financial support from the members of his community to set up
the institution to rid muslims of eduacational backwardness. But contrary to oft
repeated claim some of the donors of AMU were not Muslims but Hindu kings. The
list includes Maharaja of Patiala, King of Vijayanagra and various other heads
of princely states , most of whom were Hindus.
In 1981, Jaffer Sharrif, Mohsina kidwai, Arif Md Khan and
others had opposed Indira Gandhi’s move. In 1965, Union Education Minister M. C
Chagla had declared that AMU was not a minority institution and it was neither
established nor administered by Muslims. After Constitution came into force,
universities such as AMU and BHU were included in the Seventh schedule as the
63rd entry in the first list of statute.
At AMU the government funds an entire Department of Shia and
Sunni Theology. So Faculties and staffs are receiving salaries from the Secular
state for teaching religious orthodoxies. Presently AMU which is a Central
University reserves 40 percent of seats for ‘internal students’ who comes from
colleges and School attached to the University. , 20 percent of its seats are
reserved for SC/ST/OBC/NCC category and applicants from states not adjoining UP
such as Kerala and J&K, the rest 40 percent is open for general category.
In India Constitution is paramount and AMU, BHU, DU are included in the
constitution as Central Universities . It is common sense to understand that
what is applicable to Benaras Hindu University should also be applicable to AMU
as well. They are Central Universities and should remain so instead of
colouring itself with one religion or the other. It is also a great irony that
the University which was founded with the aim of imparting modern education is
also catering to Islamic education funded by the Secular state. The hollowness
of Indian Secularism is being exposed in the AMU case where a Central
University attempts to claim the status of a Minority Institution funded out of
the State Exchequer. This issue has all the potential to start a tug of war for
‘Competitive Communalism’. The Government has even refused to provide any aid
to its offsite Centre being run at Mallapuram in Kerala. The Congress brand of
Secularism wanted a favour from the government in this regard so as to make it
a sailing point in the Kerala election. UP goes to the poll next year and AMU
would be one of the vital issues in the election. It is an irony in our country
that one form of religious appeasement has always been camouflaged as
Secularism while views which are secular in nature have been vehemently criticized
as Communalism. The Issue is before the Judiciary and we expect a Secular
solution to the Communal question.
