Reservation is our constitutional right
Sub: - Pray to grant of backward status to the Jat Community in Haryana irrespective of religion or sect.
Hon’ble Sir,
Kindly ref. to your office letter no. HBCC/2011/556 dt 6.9.11 and in continuation my representation dt. 27.6.2011. We have the honour to bring your kind notice the facts that follow on the basis of which , you are requested to secure justice for the entire Jat community in Haryana irrespective of religion or sect as per the following details :- At the time of drafting and framing of the Indian Constitution reservation as provided to all the depressed, Dalit and Tribal Communities as so as to achieve social justice for them and to ensure their upliftment on the social ladder, there after Govt. of India on Jan 20, 1953 Constituted a commission headed by Kaka Kalaelkar under article 340 of the Indian Constitution to provide reservation to other backward communities. The Commission submitted its report on March 20, 1955. But Since the report failed to clarify/identify such other Backward Classes on Social and Economic Basis, the Govt did not bring it before the parliament. The demand for reservation to Backward Classes, however, continues to be raised as a result of which Govt of India appointed another commission headed by Sh. B.P.Mandal on January 1st 1979, the commission submitted its report on Dec, 31 1980 and its recommendations were implemented after 10 years in August 1990. For granting Backward Class status a community , the constitution on India provides for only two conditions under article 15(4) and 340 (1) as Under :-
- social backwardness
- Educational backwardness
1. ( Social backwardness ) (i) For determining the social backwardness of a community its parameter can include the social practice like HUKA-PANI, sharing on one platform and informal social interaction ( ) when members of those communities eat and drink water out of their utensils without any hitch and sit together with those of the other community on the same cot, the social status of communities so mixing and interacting are regarded as enjoying equal status. In this connection is neither below nor above but completely at par with its social status with other communities such as Ahir, Gujjar, Saini, Lodha, Khati , Luhar , Kumbhar , Nai and Kamboj etc those have been already declared as backwardness castes . To make it more authentic the book named A GLOSSARY OF THE TRIBES AND CASTES of the Punjab and North & West frontier province by Hon. Mr. E.D MacLAGAN, C.S.I, & H.A.Roge is also referred (Annexure-A enclosed at page no. 5 ) with regard to Sikh religion all the Sikh are equal before the Gurus as well as in the Gurudwaras but socially they are divided into the castes that is why the Jat Sikh are giving matrimonial for marriages alliances separately in the newspapers ( copy of newspaper attached as Annexure-B at the page no. 7 ). The same analogy applies for Mula Jat also, as they call themselves as Jats only, even after their conversion to Islam. It is Ironical that totally unjustified for the Mandal Commission in the list of backward classes and left only the jat community out of its ambit. It is clear – the Jat Community has the same social status as that of the community is found fit by the Mandal Commission for grant to them of backward status. (ii) To give more facts to prove that the Jat community is socially backward is that Hon’ble Lahore High Court in his judgment A.I.R 1936 Lahore 551 Jagindar V/s Kartara during 1936 declared that the Jat community as Sudras (copy of Annexure-C and C-1 attached at page no.8 & 13). To support this fact an OBC survey for the state Delhi was carried out during 1997-98 and status of Jat community was found more backward (copy of Annexure-D attached at page no-14). Moreover as per the version of Swami Dayananda in his book Satyarth Parkash, while explaining widow marriage, this Jat community is considered as Sudras Varna (copy of Annexure –E attached at page no-16). While determining social status of Jats found not only backward status but Sudras also in a reference to the Hindu Literature. It is also noticed that Pundits are showing the children of the Jats as Sudras while preparing their JANAM KUNDLIES, an example, a Janam Kundli of my younger son named Yogesh was prepared in Samvat 2032 proves the fact ( copy of Annexure-E-1 attached at page no.16 & 17). Moreover, a Jat history written by Kali Ranjan Kanoongo during 1925 also given many references showing Jat as a Sudras by some ancient writers (copy of Annexure -E-2 attached at page no-18). An autobiography as “Sawraj-Ke-Sawar” of Late Shri Ranbir Singh Hooda, father of the Chief Minister Shri Bhupinder Singh Hooda, had written that the Jats were being called “Sudra” (Annexure-E-3 attached at page no. 22). Though the Jats are not Sudra but surely a backward caste. The Mandal Commission in his report Chapter 8, para no. 8.40 page no.40, ( copy attached as an Annexure-F at page no.25) as noted that Yadav, Kurmi, Kohri and Jat are Backward Castes. It has further noted on this page that Choudhary Charan Singh in U.P. (1952) was a minister from a Backward Community. Moreover the entire media in the country in 1980, at the time when Ch. Charan Singh became the Prime Minister of India, clamored in one voice for the success of Indian Democracy by saying that it had chosen a person from a backward community to occupy the post of head of the Union Government. All this as about makes it more clear that Mandal Commission duly recognized the entire Jat community as a backward. But when state wise lists of backward communities were prepared, the Jats in Haryana & Punjab were listed as
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