The Lok Sabha on Wednesday passed the 104th Constitution (Amendment) Bill, providing reservation to Scheduled Castes, Scheduled Tribes and Other Backward Classes citizens in non-minority unaided private educational institutions, with near unanimity after a Bharatiya Janata Party-sponsored amendment was defeated. The Bill was passed with 379 votes in favour with one against. The BJP, which had earlier announced that it would oppose the Bill, did not do so in the House when it was put to vote. However, party member of Parliament V K Malhotra moved an amendment motion, demanding that the Bill be made applicable to all institutions, including those run by minorities. Moving the amendment, he submitted that the very purpose of the Bill would be defeated if the minority institutions were kept out of the purview of the Bill. “If it was aimed at providing benefits to the weaker sections of society, the Bill in the present form would take away the benefits of more people than to the number it would benefit,” he said. Replying to the more than five-hour long debate, Human Resource Development Minister Arjun Singh said the government had brought forward the Bill with the aim of providing greater access to higher education, including professional education, to a large number of students belonging to socially and educationally backward classes of citizens and SCs and STs. Terming it a ‘non-partisan’ measure, he appealed to the Opposition parties not to politicise it and give it whole-hearted support. After Lok Sabha, the Upper House gave its nod to the controversial 104th Constitution amendment Bill, providing reservation to SCs/ STs and Other Backward Classes in unaided private educational institutions on Thursday.
Even though only two MPs opposed it, the debate brought into sharp focus the conflict between the heart and mind of the members who favoured its passage during voting.The Bill was passed with 172 votes in favour with two against, after a BJP-sponsored amendment was defeated. Rajya Sabha members Chandan Mitra and Sharad Joshi voted against the Bill. An amendment moved by senior BJP member Sushma Swaraj on removal of the provision exempting institutions run by minorities from the purview of the Bill, which she said, would defeat its purpose, was dropped by voice vote. The 172-2 verdict did not show the real nature of the opposition to the Bill that cut across party and ideological lines. While many members who eventually voted for it, did not shy away from expressing their apprehensions and reservation on the ramifications of the amendment, those who did not get chance to speak shared their anguish with their colleagues. Figures do not weep or bleed. So the overwhelming nature of the verdict will gloss over the sentiments of the House and India will have in place a new legislation, which got its mandate but was against the sentiments of the House. Even though the Government has projected the amendment as one that would benefit SC/ST/OBCs and the minority, the debate showed that members had grasped the fact that it would defeat the very purpose it is being legislated for.
In addition, the Bill would encourage brain-drain, stem the growth of education, encourage profiteers to set up more and more minority institutions and make access to education extremely difficulty for the poor among the upper castes. Making a forceful argument against the Bill, Mr Chandan Mitra (Nominated) said that the Bill would not serve the purpose it is being brought in for. By keeping the minority educational institutions out of its ambit, the Government has shut their doors for the projected beneficiaries, he said “It will neither benefit the SC/ST or the OBCs nor protect the minorities,” he said, adding that the entire debate had taken a misleading direction. Mr Mitra was one of the two MPs who voted against the Bill. Mr Mitra said that in the North-East and Kerala most of the educational institutions were being run by minorities, hence the SC/ST/ or the OBCs would not get the desired benefit. Educational institutions are not run by minority people would be forced to shift shop to other States and start new institutions to take benefit of linguistic exemption, he warned. Mr Mitra pointed out that this Bill would also compel private educational institutions to set up operations abroad. This would encourage brain drain from India. Moving the amendment, Ms Sushma Swaraj said the very soul of the Bill would be killed and society would be divided if the minority institutions were kept out of the purview of the Bill. Charging the Government of using “minorityism” as a weapon against the BJP, she said her party was not against reservation per se but wanted “reservation without exception”. Ms Swaraj said the minority educational institutions “take all the benefits and concessions from the Government but do not fulfill their obligations towards society.” “It will also give an escape route to Hindus as organisations like Ramkrishna Mission, Arya Samaj and Jains will demand minority status to run the educational institutions. This will further divide society,” she said. Ms Swaraj alleged that in the all-party meeting on August 23, there was a unanimous opinion that weaker sections should be provided reservation in the educational institutions including those run by minority communities.
Yet the Government buckled under the threat posed by an MIM leader, who warned of dire consequences if such a Bill was moved. She challenged HRD Minister Arjun Singh, who had asserted that no such development had happened in the all-party meeting, to see the recordings of the meeting once more to refresh his memory. Opposing the amendment, Mr Singh said as the status of minorities in higher education was very poor with only one per cent of them getting higher education, the Bill had sought to exempt their institutions. The Bill was supported by most of the NDA constituents including JD-U and others like ADMK and TDP with members suggesting that this reservation should also be extended to the country’s premier institutions like IITs and IIMs. CPI-M member Sitaram Yechury suggested that the Government should move to bring all educational institutions under social control and legislations should be enacted to this effect before the next academic session.