The Government had granted 80 per cent scholarships to the Muslim community and 20 per cent to Latin Christians and Converted Christians through an order that sub-classified minorities in the provision of merit-cum-means scholarships. While passing the order, the High Court division bench observed that the Government’s decision is unconstitutional and is not supported by law. Therefore, the Court has ordered that the Government pass appropriate orders providing merit-cum-means scholarships to members of the notified minority communities in the State equally and in accordance with the latest population census.

Needless to say, the Government finds itself in a Catch-22 situation in the wake of the order. Opinion is sharply divided over the High Court verdict. While the Muslim organizations have demanded that the Government must appeal against the order, the Christian organisations have welcomed it. The Kerala Catholic Bishops Council, for instance, has welcomed the verdict, saying that welfare schemes should be awarded on the basis of population, adding that the order is not against any community. The message from the court is: when projects for the welfare of minorities are formulated, all religious minorities notified by the Union Government and envisaged by the Constitution should be included. Incidentally, the Government formed the minority department and the minority commission against the backdrop of the Sachar Commission report and the Paloli Mohammed Kutty Committee report.

Among the prominent Muslim organizations which have written to the Chief Minister asking him to explore the legal possibilities against the verdict are the Indian Union Muslim League (IUML), both the EK and the Kanthapuram factions of Sunnis, Muslim Educational Society (MEA) and Jamaat-e-Islami. The crux of their argument is that the Government should reinstate 100 per cent benefits for the Muslims as that is what the Sachar Commission report recommended. The letter said the High Court order has caused grave concern among the Muslim community. The Central Government, it pointed out, had appointed Justice Rajinder Singh Sachar to study and submit recommendations to bring the Muslim community, which is far behind educationally and financially, forward. The 80: 20 ratio, the letter said, had deprived the community of 20 per cent benefits.

The Paloli Mohammed Kutty Committee, which relied on statistics from the Sachar Commission report, had clarified that 100 per cent of the funds was meant for Muslims. The Wisdom Islamic Mission has said that the UDF Government had issued the order in 2015 to specifically address the backwardness of the Muslims as recommended by the Sachar Commission report. While the Jamaat-e-Islami said the High Court order was an injustice to the Muslim community, the Popular Front of India (PFI) has declared its intent to take the legal recourse against what is considered the unnatural order. The Muslim organizations also want the Government to come out with a white paper on the benefits enjoyed by different communities in Kerala. They sought action against those who spread messages aimed at destroying communal amity as well. In the wake of the Court order, messages on social media have been spreading the rumour that the Muslims have received more benefits than they deserved. The rumours have the potential to create disturbances and unrest in the society, it added.

The sensitive issue is the first major political test the new Pinarayi Government is facing. Chief Minister Pinarayi Vijayan will have to tread cautiously and come up with a solution that is acceptable to both sides. And that is easier said than done. The Government must, on no account, rush into a hasty decision the way it did in the Sabarimala issue after the Supreme Court order. The Government tried to implement that order in a hurry and paid a heavy electoral price for its political folly. The LDF lost 19 out of the 20 Lok Sabha seats from the State in the 2019 Lok Sabha elections. Once bitten the Government is twice shy. Hence its decision to explore all options before committing itself to a line of action. The Government and the party must hold detailed discussions before taking the final call.

Significantly, the CPI(M) itself seems divided on the issue of appealing against the verdict. While Excise Minister M V Govindan said the Government must implement the order forthwith, senior Politburo member M. A. Baby opposed it. On his part, the Chief Minister has said that the final decision will be taken only after studying the verdict in detail. On its part, the BJP has welcomed the verdict. The BJP’s stand is that such benefits should be given proportionate to the population of minorities. The High Court has accepted that stand, claimed BJP state general secretary George Kurien. Not surprisingly, the Congress has not taken a stand on the issue so far. It is not difficult to understand the reasons for the Congress’s failure to do so. If it welcomes the verdict, the party is bound to incur the wrath of the IUML, which is the second most important constituent of the Congress-led United Democratic Front (UDF). Should it oppose the court order, it will cause further alienation of Christian voters. The Congress simply is in no position to antagonize either of the communities, especially when it is making a determined effort to bring back the Christian voters who had deserted it and voted overwhelmingly for the CPI(M)-led LDF in the Assembly elections. This being the ground reality, it is a Hobson’s choice for the Congress.

The High Court’s order came on a petition filed by Justine Pallivathukkal against the UDF Government order issued on May 8, 2015. The petitioner’s argument was that the fixation of ratio was illegal as it was not based on the actual population of the minority religions. Also, he had accused the State Government of backing a particular community under the cover of minority rights. Justine also said that though the Christian community raised a complaint, both the State and the Minority Commission ignored it.

While the need for finding an early solution to the problem cannot be overemphasized, care must be taken to ensure that the communal atmosphere in the State is not vitiated. This is of utmost importance as vested interests are working overtime to widen the rift between the Muslim and Christian communities. Efforts are needed to counter the move to present it as a Muslim-Christian issue. It may be mentioned that attempts were on during the local body and Assembly elections to extract mileage from the sensitive issue. The need of the hour, therefore, is eternal vigilance to frustrate the nefarious designs to create communal disharmony in a State known for its pluralistic ethos and secular foundations. (IPA Service)