Muslim Minorities and the National Commission for Minorities in India 1443833444, 9781443833448

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Muslim Minorities and The National Commission for Minorities in India

Muslim Minorities and The National Commission for Minorities in India

By

Syed Najiullah

Muslim Minorities and The National Commission for Minorities in India, by Syed Najiullah This book first published 2011 Cambridge Scholars Publishing 12 Back Chapman Street, Newcastle upon Tyne, NE6 2XX, UK British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Copyright © 2011 by Syed Najiullah All rights for this book reserved. No part of this book may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. ISBN (10): 1-4438-3344-4, ISBN (13): 978-1-4438-3344-8

TABLE OF CONTENTS

List of Tables............................................................................................. vii Preface ........................................................................................................ ix Acknowledgements .................................................................................... xi Chapter One................................................................................................. 1 Minorities and Minority Rights in India: An Introduction Chapter Two .............................................................................................. 19 The Situation of Muslims in India Chapter Three ............................................................................................ 55 National Commission for Minorities: Genesis and Justification Chapter Four .............................................................................................. 67 National Commission for Minorities at Work Chapter Five .............................................................................................. 97 Impact of the National Commission for Minorities on Muslims Chapter Six .............................................................................................. 123 Conclusion Bibliography ............................................................................................ 129

LIST OF TABLES

2.1. Communal Disturbance in India 2.2. Muslims in All India Services 2.3. Muslims in Indian Administrative Services 2.4. Muslims in Indian Police Services 2.5. Muslims in Subordinate Services 2.6. Muslims in State Public Service Commission Examinations 5.1. Literacy Rate among Religious Communities 5.2. Distribution of Persons by Gender, Education, Sex, Religion (Rural India) 5.3. Distribution of Persons by Gender, Education, Sex, Religion (Urban India) 5.4. Muslims in Indian Administrative Services Since 1981 5.5. Beneficiaries under Rural Development Schemes in Tamil Nadu 5.7. Income, asset and material wellbeing of household according to Caste and Religion 5.8. Distribution of persons among the bottom percent of total in each religion 5.9. Distribution of persons among the top 20 percent of total in each religion 5.10. Awareness about NCM among the educated Muslims 5.11. Awareness about NCM among the less educated Muslims 5.12. Access to NCM among educated Muslims 5.13. Access to NCM among less educated Muslims 5.14. Opinion on constitutional status to NCM among educated Muslims 5.15. Opinion on constitutional status to NCM among less educated Muslims

PREFACE

Almost all modern nation states have their quota of minorities and the need to reckon with them. It is one of the imperatives of the governments to forge them into mainstream politics and society. Towards this end, the policies and institutional responses are formulated. The process of reaching out to the minorities and their subsequent integration into mainstream polity and society is, however, not a simple factor. Apart from the political parties and their responses to the minorities, the local conditions and marginalization of the minorities, combined with the accumulated collective memory of deprivation, nurtures the exclusivity of minority sentiment. India is a land of many languages, cultures and religions. It is an ideal place where one can see the minorities in their different dimensions. There have been ethnic, religious and linguistic variations among the people of India from the ancient times. It is the birthplace of major religions like Hinduism, Buddhism, Jainism and Sikhism, apart from many distinctive religious sects. There are also other religions which influenced the natives of India. The main among them are Christianity and Islam. Muslims emerged as the major minority group in India, and their integration into mainstream politics has remained a challenge to the secular polity of India. The government has initiated several policies and programmes, including the establishment of the National Commission for Minorities, which has the mandate to provide guidelines for the government policy towards minorities. The present book, which is an outcome of the research work of the author carried out during 1995 to 2005 for PhD degree, on ‘State Policy towards Muslims in India - A Study of National Commission for Minorities’, at the University of Hyderabad, explores the condition of Muslim Minorities in India and the role of the National Commission for Minorities. The study locates the problems of the Muslim minorities in India in the larger context of minority rights, and discusses various approaches to the problems of minorities in the post independent era. An attempt has also been made to analyse the situation of the Muslims in the historical context, which partly explains their present backwardness. The partition of India has created an atmosphere inimical to the Muslims, which led to their seclusion from the mainstream development process. Because of the preoccupation of the Muslim leadership with identity and

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cultural issues, the community was not able to get the advantage of the safeguards and rights provided to them under the Constitution. Ironically the policy of the state towards the Muslims, focussed on identity and cultural issues, instead of accruing any real socio-economic advantage, became a tool in the hands of the rightist forces that were successful in terming this as the appeasement of minorities and increasing their support base among the majority community. In this context the National Commission for Minorities, which has the mandate to protect the constitutional safeguards of the minorities and suggest measures for the socio-economic development, has a positive role to play in structuring the debate and policy on the minorities as regards developmental issues. The study focuses on the efficacy of the institutional mechanisms, like the National Commission for Minorities, in India in protecting minority rights and also in their integration with the mainstream. The study discusses the question of relevance of the National Commission for Minorities and proves that the Commission can play an important role in bridging the gap between the majority and minority communities by suggesting measures for the development of the minorities on par with the other groups. It is evident from the study that the Commission is only partially successful in fulfilling its mandate, mostly due to the lukewarm response of the state towards the recommendations of the Commission. The present work highlights that the institutionalization of minority rights and the safeguards, like the monitoring mechanisms, are just not enough and they should also be supported by strong appreciation for the principle of pluralism for the better integration of minority communities in plural societies like India.

ACKNOWLEDGEMENTS

I am grateful to my supervisor Prof. P. Eashvaraiah who has guided me at every stage of my work. But for his guidance, I could not have completed this daunting task. I also remember the late Mrs. Suhasini Eashwaraiah for her kindness and the encouragement to my research work. I am very much thankful to Prof. Prakash Chandra Sarangi, Prof. Sudhir Jacob George, and Prof. Haragopal for helping me and guiding me during crucial stages of my research work. I would like to thank my teachers in the department of Political Science, University of Hyderabad, Prof. Manikyamba, Prof. Rajen Harshe, Prof. Shantha Sinha, Prof. Sudharshanam, Prof. Mohd. Moazzam Ali, Prof. Sanjay Palshikar, Dr. Chandrasekhar Rao, and Prof. Ramabrahmam for their support and encouragement. I am also grateful to Prof. Javed Alam and Dr. Masood Ali Khan for their valuable suggestions. I am grateful to Prof. S.M. Rahmathullah, Dean of the School of Social Sciences, Dr. Abdul Quayum, Head of the department of Political Science and Public Administration, and Dr. Kaneez Zehra, my colleagues at Maulana Azad National Urdu University, Hyderabad, for encouraging me to publish my research work. I am thankful to Dr. Mustafa, Dr. P.H. Mohammed, and Dr. Brahmanandam for their support. I express my gratitude to Mr Aariz Mohammed of the Centre for Social Justice for providing me with useful data for my research. I also thank Dr. Kasi Eshwarappa for helping me in the process of publication of this work. The unremitting support extended by my family, particularly my brothers and sisters, is something I cannot express in words. I owe a lot to my wife and children who always stood by me and helped me in completing this work. I also thank all my friends and well wishers for their support. Last but not the least, I thank Cambridge Scholars Publishing for not only accepting the manuscript for publication, but also bringing it out in an elegant form. —Syed Najiullah

CHAPTER ONE MINORITIES AND MINORITY RIGHTS IN INDIA: AN INTRODUCTION

The issue of minorities has become an important part of political discourse since the emergence of nation states and the prevalence of the concept of popular sovereignty. The rise of nationalism has given rise to the concept that the political boundaries of a nation should conform to the national characteristics of the people living within them. In the words of Claudes, “the rise of the problem of minorities was a logical consequence of the dominant ascendancy of nationalism. Nationalism while consolidating its doctrine, its position in Western Europe and beginning its global sweep injected into politics a profoundly significant idea, the principle that nation and state boundaries should coincide, that is, the state should be nationally homogeneous and nation should be politically united.”1 Centuries of conquest, migration and partitioning and domination of one group by another, have produced such a situation wherein it is impossible to make political boundaries coincide completely with the national, linguistic, or religious divisions. Consequently, in each state there are groups that differ from the dominant groups in language, religion, or ethnicity. The modern doctrine of popular sovereignty also gave legitimacy to the minority identity. The popular representative governments in fact represent the majority opinion in all matters of the state, and minorities have hardly any share in the decision making. The minority situation becomes more complex if it is not simply a political minority, but is also a religious, ethnic, or cultural minority. If it is only a political minority it can eventually become a majority in time. However, the religious, ethnic or cultural minorities remain permanent minorities because their identities cannot easily be changed. Since the presence of homogeneous societies within political boundaries is nowhere a reality, “the contemporary system instead of a policy of toleration tries to achieve homogeneity by carrying out assimilation of language and culture of minorities with those of majorities.

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The minorities in general and the groups with rich culture and inheritance in particular resist this policy.”2 The wish to preserve distinctive features gives rise to certain political demands. These demands may be for recognition of these distinctive features and special treatment on the basis of this recognition, or for equality of treatment. In certain cases where the minorities are concentrated in certain areas, they may demand autonomy, or in extreme cases, even separation for those areas. Almost all modern nation states have their quota of minorities and the need to reckon with them. It is one of the imperatives of the governments to forge them into mainstream politics and society. Towards this end, the policies and institutional responses are formulated. The process of reaching out to the minorities and their subsequent integration into mainstream polity and society is, however, not a simple factor. Apart from the political parties and their responses to the minorities, the local conditions and marginalization of the minorities, combined with the accumulated collective memory of deprivation, nurtures the exclusivity of minority sentiment. The question of minorities has been an important issue in the political discourse of India, even before its independence. The influence of western culture and political ideas, like liberty, equality, secularism and democracy, brought a wave of change in the thinking and practices of Indian society. This also effected the political movement for independence. The apprehensions of Muslims about their status as minorities in the future democratic set-up of independent India, was exploited by their leadership and led to the movement for a separate state for them, which ultimately resulted in the partitioning of the country into India and Pakistan. Even after the partition of India, the problem of minorities did not cease to exist, as a sizeable number of Muslims remained in India. There are also other minorities such as Sikhs, Christians, Parsis, Buddhists and Jains, but the Muslims are the major and most visible group among these minorities. Thus their presence has a lot of influence on the society, economy, culture, and politics of India.

Concept of Minority The minorities can be defined as the groups that are held together by ties of common descent, language, or religious faith, and feel themselves different from other dominant groups within a political entity. The United Nations Sub-Committee on Prevention of Discrimination and Protection of

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Minorities defines the word minority as “only those non-dominant groups in a population, which possess and wish to preserves stable ethnic, religious or linguistic traditions or characteristics markedly different from those of the rest of the population.” 3 Francisco Capotorti, in his UN Sub-Commission’s study of 1977, defined minorities as “a group numerically inferior to the rest of the population of a state, in a non-dominant position, whose members being nationals of the state possess, ethnic, religious or linguistic characteristics differing from those of the rest of the population and show if only implicitly, a sense of solidarity, directed towards preserving their culture, traditions, religion or language.”4 And, in subsequent formulations for the Sub-Commission in 1985, J. Deschenes defined minority as “a group of citizens of a state, constituting numerical minority and in a non-dominant position in that state, endured with ethnic, religious or linguistic characteristics which differ from those of the majority of the population, having a sense of solidarity with one another, motivated, if only implicitly by a collective will to survive and whose aims to achieve equality with the majority in fact and in law”. In the light of the above definitions we can find three basic aspects of any minority status; numerical inferiority, non-dominant status, and stable features of distinctive identity. While the empowerment of a minority, especially of religious, linguistic and cultural minorities, to prepare desirable features of their identity should be a necessary part of any scheme of protection of minorities, the choice should wholly rest with the minority to adjust and change those identity features partly or wholly for reasons of its modernization and voluntary integration with the national and global mainstream. Encyclopaedia Britannica defines minorities as “aggregate of people who are distinct in race, religion, language, or nationality from other members of the society which they live and who think of themselves, and who are thought of by others as being separate and distinct.”5 Separation, too, often implies that the members of such a minority are excluded from taking a full share in the life of the society because they differ in certain ways from the dominant group- a situation that tends to develop attitudes of discrimination and prejudice towards the minority in question, attitudes that may also be assumed by other groups or minorities in the society. The minority itself is likely to respond with strong attitudes of group loyalty and to develop forms of behaviour that, by design or not, help to segregate its members still further from the rest of the society. The sociological employment of the word ‘minority’ largely agrees with common usage in denoting a distinct, separate group of people who

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are different in certain easily recognized aspects from the majority. But the term ‘minority group’ implies rather more; for to a sociologist a social group of any kind is an aggregate of people with defined aims and rules of behaviour and a sub-culture that publicly mark it off from the rest of the society. It is the use of particular forms of cultural behaviour, used as criteria or emblems, that mark off a minority group from other types of groups. The word minority denotes by implication a part of a larger whole, but a minority group in the sociological sense is not always a numerical minority of the population. In parts of southern states of the USA, blacks form a clear majority group in relation to the numerically smaller dominant groups of Whites. A similar situation existed in East African towns under the former colonial rule of the British. Under the British rule immigrants from India had settled in East Africa as traders and skilled artisans, most of them lived and worked in the towns, where they formed the overwhelming majority of the population, although, in East Africa as a whole the Indians numbered less than one percent of the total African population. Despite appearance in the towns, the Indians were clearly a minority group. In South Africa to take another example, the Bantu’s population, although many times more numerous than the dominant white group, were nevertheless considered as a minority group till the end of the apartheid regime. The treaties and declarations made under the auspicious of the League of Nations provided protection for racial, religious or linguistic minoritiesbut in practice these words were found to be imperfectly descriptive of the groups whose protection was intended. Some sociologists have referred to minority groups of distinctive national and cultural characteristics, while others have given greater emphasis to the subjective elements of national consciousness which might characterize minorities not distinguished from the rest of the population by obvious features of language, dress, habits, or physique. Without some easily recognizable characteristics associated with stereotyped traits, by both the minority and the majority, a minority is likely to be rapidly absorbed and lose its identity. The term minority is usually applied to groups when such absorption is resisted by either the minority itself or the majority of the population. At the World Congress of Sociology held in Zurich, Switzerland in September 1950, Professor Louis Wirth of the University of Chicago emphasized the inferior status of minorities by defining them as “groups distinguished from the rest of society by racial or cultural characteristics which have become the object of differential and inferior treatment, and have developed a consciousness of their inferior status.”6

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Origin and Character of Minorities The formation of minorities can be attributed to the movements of peoples, ideologies and political boundaries throughout history. During all stages of history, from tribal to modern, there would have been smaller groups of people different from the larger groups in terms of language, belief, customs and usages, sharing a common territory and who would be subjected to differential treatment to the extent of being excluded from certain opportunities. Intra-religious, on the basis of sect and denomination, and inter-religious conflicts leading to persecution of people different from the dominant group have not been uncommon practice in most parts of the world. In modern times however, Allen Phillips, in his paper on ‘Minority Rights and International Responses’, traces minority formation to more specific causes, such as i. European migration and settlement in other countries marginalizing indigenous people, ii. forced migration of Africans during Atlantic slave trade, iii. migration of Indian indentured labour for sugar plantations in Mauritius, Natal, the Caribbean, Guyana and Fiji, and of merchants, clerks and soldiers to support the British colonial rule in Asia and Africa, iv. post-colonial migration from the South to the North in search of better opportunities, v. changing boundaries of nation-states in the wake of the post-World War I break up of the Austro-Hungarian and Turkish Empires. To these may be added the post-colonial emergence of states with artificial boundaries and the recent break-up of the U.S.S.R and Yugoslavia.7

Concept of Minority Rights The issue of minority rights has become important with the rise of nation states. The policies of nation states subordinate and disadvantage members of minority communities. Minorities are expected to conform to the national ethos, which does not reflect their cultural orientation. Further, national policies on language, education and other cultural matters have also led to the devaluation and disintegration of minority culture. Under these circumstances special community rights are necessary both for countering the prevailing form of marginalization faced by minorities in the nation-state, and for preserving minority identities.8 Another reason for the need of minority rights is the fallacy that democracy can protect the interests of minority groups. In its pure form, where it is defined as one in which everyone has a share, democracy may guarantee the rights of all the constituents of the society. However in the

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modern times in which representative democracy is in vogue, democracy is increasingly identified with majority rule. This situation requires special consideration for the protection of minorities’ rights. The classical political thinkers like Rousseau and Mill are also concerned with how the concept of democratic equality deals with the question of minorities when they are bound to be outvoted and outnumbered on crucial issues which matter to them. Thus Jean Jacques Rousseau expressed his concern with majoritarianism and wrote, “Yet it may be asked how a man can be at once free and forced to conform to wills which are not his own. How can opposing minority be both free and subject to laws which they have not consented?”9 John Stuart Mill, who ardently advocated representative democracy, also expressed his profound concern about ‘the tyranny of the majority’. Mill noted that, very often, the most active and articulate sections of society who represented themselves as the will of the people and as the source of morality, wish to oppress a part of their numbers. According to Mill, “precautions are as much needed against this as against any other abuse of power”.10 Further, he pointed out that the liberty of the minority can be threatened both by acts of the government, and those of the social majority. And social tyranny is more oppressive than political tyranny, because, though it may impose less stringent penalties, it penetrates much more deeply into the soul itself and enslaves it. Mill concluded that democratic societies should determine the limit of collective interference in the life of the individual. The problem, how the minorities are treated equally in democratic societies, is also dealt with by modern thinkers like Kymlicka Will, Neera Chandhoke and others. Kymlicka warns, “Unless we work out the resolution to this problem, we may render cultural minorities vulnerable to significant injustice at the hands of the majority”.11 Neera Chandhoke exposes the vulnerability of the minorities in these words: “For majoritarianism is both morally unappealing and politically hazardous because it negated the basic principles of democratic life that each person counts equally”.12 Further, she explains how majoritarianism is politically dangerous and writes: “One, the majority religious, linguistic, or ethnic groups’ reveal impatience with the practices and belief systems of the minority groups. Two, these majority groups deny the legitimacy of minority identities, represent them either as subversive or harmful to something that is typed as national, and insist that such groups assimilate into the culture and the identity of majority, most often identified with and represented as the national.”13 According to Neera Chandhoke, majority groups can contend that the Bretons in France, the Basques in Spain, the

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Irish and the Scots in England, the Quebecois in Canada, the Tamils in Sri Lanka, or the Muslims in India, should abdicate their cultural markers and their specific identities and identify themselves solely as nationals, be it French, Spanish, English, Canadian, Sri Lankan or Indian, according to the country they live in. Thus minorities’ will undergo experience of intense hurt and loss when they are told that their traditions are of little value, and that they should integrate with some other tradition via the politics of assimilation. This open assertion of majoritarian power inevitably results in a politically charged situation, for minorities tend to organize for no resource other than cultural self-determination, or the right to retain their separateness in the face of such assertions. The politics of merger, therefore, gives rise to acute political tension and insecurity, even ethnic explosions’, as minority groups’ rightly resist this devaluation or dismissal of their culture.14 There is a need for providing safeguards for the minorities from the encroachment on their rights by majoritarianism. Supporting special rights for minorities from the democratic equality perspective, Neera Chandhok argues that substantive equality dictates that vulnerable groups in the polity should be protected through special measures. She pointed out that the only basis upon which people belonging to diverse persuasions can live together with some amount of civility in a deeply divided society, is in general, the recognition of pluralism, and in particular, the institutionalization of minority rights.15

History of Minority Rights The history of rights for minorities can be traced back to the last decade of the nineteenth century when multinational states in Europe acknowledged the importance of special rights for minorities in addition to universal rights. For the first time, the Australian Constitutional Law of 1867 acknowledged under Article 19, that ethnic minorities have an absolute right to maintain and develop their nationality and their languages. Similar provisions were found in Hungary’s Act XLIV of 1868, and in the Constitution of Swiss Confederation of 1874, which granted the three languages of the country equal rights in the civil services, legislation and in the courts.16 However, after the First World War, the emergence of multi-ethnic societies in Central and Eastern Europe, gave rise to the idea that law and convention should protect minorities in the polity which led to the emergence of minority rights as a generalized principle of international jurisprudence. The leadership of the international community realized at

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the Paris Peace Conference that unless the rights of minorities were specifically recognized and guaranteed under a system of international law, Eastern Europe may well be engulfed in civil war between groups differentiated on the basis of religion, language and ethnic descent. The provisions of the peace treaties after the First World War, therefore, focused particularly on the status of minorities. Minority protections were codified in the five treaties negotiated between the Allied and Associated powers on the one hand, and Poland, Czechoslovakia, Romania, Greece and Yugoslavia on the other. Special provisions for minorities were incorporated in the peace treaties with Austria, Bulgaria, Hungary and Turkey; while Albania, Finland and Iraq declared that they would protect their minorities. More importantly, the entry of Eastern European countries into the League of Nations was made conditional on the grant of minority rights. The League was entrusted with the responsibility to see that these commitments were observed. These treaties provided a model for minority rights, as states assured equality of treatment to all inhabitants without distinction of birth, nationality, language, race or religion. Minority groups were given the right to use their own language and religion freely.17 The provisions were also made for complaints against any transgression of the provisions of the treaty to the International Court of Justice, and the League could initiate action against offenders in certain specified cases. The International Court of Justice played an important role in securing minority rights through two notable judgments. In 1930, the Court in an advisory opinion on the Greco-Bulgarian community case, defined minorities, not in terms of numbers, but in terms of shared religious, racial, and linguistic traditions that the groups wished to preserve and perpetuate through rituals, education, and socialization of the young. According to the Court ruling, the existence of a community is not dependent upon recognition by law. If a community exists in the shape of a group of members united by a host of cultural factors that are distinctive to them, and if this community is intent on maintaining these cultural markers, this is more than enough reason to regard that group as a community. In another case of Minority Schools in Albania, the Permanent Court of International Justice on 6 April 1935 laid down the essential principles for the protection of minorities. The Court stated that the objective of minority rights is to secure for minority groups the possibility of living peacefully alongside the rest of the population and cooperating amicably with them, while at the same time preserving the characteristics which distinguish them from the majority, and satisfying their ensuing special needs. States were entrusted with the responsibility of ensuring complete

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equality and with instituting suitable means for the preservation of the traditions of the minority group. According to the Court, “Equality in law precludes discrimination of any kind, whereas equality in fact may involve the necessity of different treatment in order to attain a result which establishes equilibrium between different situations. It is easy to imagine cases in which, equality of treatment of the majority and the minority, whose situations and requirement are different, would result in inequality.”18 Till about the third decade of the twentieth century, international public opinion generally accepted that minority groups should be allowed to pursue their own ways of life under the protection of the law. However during this period, whereas minority rights were imposed upon multinational countries in Eastern Europe, other countries refused to accept them on the ground that they infringe sovereignty and would encourage separatism. Ironically the totalitarian states, Germany, Hungary and Italy, on the one hand persecuted the minorities in their own territories, and on the other hand used same minority rights as a pretext for intervening in other states in the name of protecting German populations that reside there. Thus the institutionalization of these rights strangely became a threat for the maintenance of international peace. In the emphasis of the post-Second World War period was shifted from group rights to individual rights, and it is suggested that basic human and democratic rights should prove sufficient to protect minorities. The experience of the Jews in Germany strengthened international belief that individuals should possess legal protection against the state. It was assumed that clauses on non-discrimination and legal protection of individuals would automatically protect the affiliate groups. The Universal Declaration of Human Rights was thus adopted without any provision on minority rights, despite the fact that the Sub-Commission had recommended this. Article 2 of the Declaration confined itself to stating that, “Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” However it was in 1966 that the Covenant on Economic, Social and Cultural Rights and the Covenant on Civil and Political Rights specifically incorporated protections of minorities. The recommendations of the UN Sub-Commission were incorporated in clause 27 of the International Covenant on Civil and Political Rights in the following words, “in those states in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group to enjoy their own culture, to

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profess and practice their own religion, or to use their own language.” Article 26 of the Covenant provides that: “the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.” The adoption of the declaration on the ‘Rights of Persons Belonging to National, or Ethnic, Religious and Linguistic Minorities’ by the UN General Assembly on 18 December 1992, however, brought minority rights back on the political and intellectual agenda.

Religious Minorities The demarcation of minorities by religion is possibly more familiar from historical sources than from the contemporary situation where, especially in the western world, the adherents of separate religious persuasions are more commonly regarded as categories of the population than as coherent groups of people with distinctive religious, cultural, economic, and political aims, which they pursue in their own interest. But even today such situations are not uncommon. In the northern parts of west Malaysia, for example, Thai-speaking Buddhists form an important religious and cultural minority group, whereas a few miles across the border in southern Thailand it is the Muslim Malays who are the religious and cultural minority. In India and Pakistan the confrontation of Hinduism by Islam led to the emergence of minority groups whose differences, though expressed primarily in a religious idiom, had important political and economic aspects.

Religious Minorities in India India is land of many languages, cultures and religions. It is an ideal place where one can see the minorities in their different dimensions. There are ethnic, religious and linguistic variations among the people of India from ancient times. The people belong to Dravidian and Aryan races. They came into contact with Greeks and Mongoloids in the later ages, but they did not have much impact on the ethnic character of the native people. The advent of the Arabs however had a profound impact more on the religious character than the ethnicity of the people of India. India is the birthplace of major religions like Hinduism, Buddhism and Jainism and also Sikhism apart from many distinctive religious sects. Even though Hinduism maintained its supremacy among all these religions, it

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has to share this status with the believers of Buddhism, Jainism and Sikhism. While Buddhism flourished in Southeast Asia, leaving only its relics in India, Jainism could hold sway only over a minuscule population within the country. Sikhism, which emerged in the medieval period, was regarded for many years as an offshoot of Hinduism. However Sikhism started asserting its distinctiveness through cultural and political propaganda and now it is considered as one of the religious minorities. Thus religions that took birth in India other than Hinduism, like Buddhism, Jainism and Sikhism, are considered as religious minorities because the number of followers is less than those in the major religion that is Hinduism. Buddhism and Jainism, the ancient religions of India, have populations of 8,000,000 and 4,200,000 respectively, with a share of 0.78 and 0.41 percent of the total population of India, according to the latest Census of 2001. Sikhism however has a population of 19,200,000, which makes up 1.87 per cent of the total population. There are also other religions which influenced the natives of India. The main among them are Christianity and Islam. Christianity entered India in the first century A.D., however it did not make much impact until the advent of Portuguese, French and British trading companies in the beginning of 16th century. These people who came for business to India found the land fertile for the propagation of their religion. The missionary work led to the conversion of natives to Christianity, and at present there are 24,100,000 Christians, that is 2.34 per cent of the total population. However, the impact of Islam on India was larger than any other religion except Hinduism. Islam, which rose in the 6th century in Arabia, very soon spread to the vast areas of Asia and brought many countries like Persia and Turkey into its fold after swaying the whole of the Arab world. It is from Persia that the Muslim rulers, who are also messengers of the new religion, entered into India. Mohammed Bin Khasim captured Sindh and introduced Islam to the Indians. Before this the Arab merchants had developed contacts with the coastal areas of Kerala and brought many new converts to this religion. Various factors, such as religious, social and political, led to the spread of Islam in India being very fast. The continuous rule of the Muslims over a large area of India from the 12th century to 17th century also helped this religion to strengthen its roots in India. According to the 2001 census there are 138,200,000 Muslims in India, that is 13.4 per cent of the total population of the country.19 Thus Muslims emerged as the major minority group in India. However this concept of Muslims as a minority did not emerge in the past, as the Muslims were the dominant class because of political power.

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After the advent of the British, the concept of democracy, as well as the related aspects of majority and minority groups, started emerging. Thus before independence, the consciousness of Muslims as a minority developed and Muslims formed their political associations not only because of distinctive religious and cultural identity, but also because of the fear of majority rule in the event of the independence of India. Thus Muslim leaders right from Sir Syed Ahmed Khan to Mohammed Ali Jinnah tried to hold on to the Muslims, saying that, because they are inferior in number, there is need to organize for the protection of their rights. This took extreme form when Jinnah propagated the two-nation theory, saying that Hindus and Muslims are two separate nations and cannot co-exist in one nation. This led to the unprecedented communal clashes which forced the partition of India. Even after this, Muslims remained the largest minority in India as many of them remained in India, and only those areas that were Muslim majority, became Pakistan. The rejection of the two-nation theory by Indian leadership and declaring India to be a secular state also assured the Muslims of their safety and security in the land of their birth. Thus Muslims have a peculiar place in India and their presence is felt in almost all the major events and decisions of the country. Hence in the present work it has been proposed to work on the Muslim minorities, basically to assess their place in the political field and their participation in the national building process, and also their problems and issues that emerged in this process. It is intended to be a political study of the Muslim minority.

Perspectives on Minorities Question in India On the political front there have been three major approaches in dealing with minorities in India. The first approach can be termed as the protectionist approach, which has been carried out by the dominant political party of India, the Congress. It has also been the policy of other centrist parties, which are offshoots of the main political party. They believed in a secular India in which people are treated equally, and in extending equal opportunities to all the groups irrespective of their religious affiliations. They also believed that minorities should be given certain guarantees to protect their educational and cultural interest which are vital to their identities as minorities. Thus the protection of educational and cultural rights in the constitution is the follow up of this approach. The second approach considered identities based on religion as false identities and believes that the minorities should join the working class,

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which is in fact very close to them as compared to their economic conditions. This can be termed as the class approach, which does not accept minorities based on religion or culture, and believes in only economic conditions as real parameters of determining the position of a group in relation to others. Bipan Chandra referred to the communal identities as based on false consciousness and considers that aligning with the working class is the real solution for solving the problems of the minorities.20 The leftist thinkers subscribe to this ideology. According to Achin Vanayak, the secularization of society should precede secularization of polity, so that the people should come out of narrow communal identities and fight for their real emancipation. This approach has not been successful as far as carrying the minorities with it, as it basically rejects the very basis of minorities’ identities, which are based on religion, language, culture and ethnicity. In other words, it offers the solution to the problems of minorities, only if they come out of their identities and join the struggle of the working class against the exploiters. In fact the upholders of this perspective do not consider the minorities as minority groups, but consider them as majority groups that are exploited by the minority bourgeoisie and capitalist class. They consider that the cultural, religious and linguistic identities are perpetuated by the elite of the minority groups whose interests are similar to the interests of the elite of the majority community. In fact the majority of both the communities are poor and exploited, and they should form an alliance to take over the means of production into their hands instead of segregating themselves into separate identities. Thus this approach completely rejects the identity of minorities and finds a solution to their problems in the larger struggle of the peasants, workers and the poor against the exploiters. The third approach to the problem of minorities is that of the assimilation approach. This wants the minority groups to subscribe to the mainstream culture, and according to it the mainstream culture is nothing but the culture of the dominant group. In other words, the minorities should adopt the culture and philosophy of the majority group. If not, at least they should desist from all kinds of identities, symbols and rituals that are not to the liking of the majority or against their ideology. The culture of the dominant group is to be identified with the culture of the nation and is to be symbolic to nationalism. Anyone holding contrasting cultural interests is considered as anti-national, and by definition does not have any claim to the benefits enjoyed by the nationals. Thus this approach demands that minorities’ culture, symbols, ideology and aspirations should correspond to the interests of the majority group.

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Hence it is termed as the assimilationist approach. The rightist parties, like the BJP and its allies, subscribe to this view and they are against the protectionist approach, which they consider to be an appeasement of minorities. In fact, this approach has gained its strength because of the tendencies of the centrist parties, like Congress, that seem too willing to concede the demands of the minorities, particularly on emotional issues that are more appealing to the masses among the minority groups.

Approach towards the minorities – Post independence period After the Independence, the Congress party adopted a policy of protection towards the minorities. Apart from the constitutional safeguards, the secular ideology of the leaders like Nehru also helped the minorities in having a feeling of security, if not legitimate space in the political arena. The communal forces which wanted to see India as a Hindu state were kept at a bay, and minorities were treated as equal citizens. They were given equal rights in the constitution and also provisions were made for the protection of educational and cultural rights of the minorities. However after the Nehru era, there was a serious challenge to the Congress party, as many states went to the opposition parties after the 1967 elections. There were also bickering in the top leadership of the Congress party and the authority of the Prime Minister Indira Gandhi was challenged. In this situation, to consolidate her position, Indira Gandhi has taken calculated steps to endear herself among the masses and create a mass base for herself. The Congress party openly committed itself for the development of the weaker sections and the minorities. Various poverty alleviation programmes for particular target groups, like the Scheduled Castes and Scheduled Tribes, followed. Under these schemes, while the weaker sections got specific economic benefits, the minorities, particularly the Muslims, were to be satisfied with the assurances of their security and protection of their personnel laws. Thus the agenda which dominated the Congress scheme for minorities was protection of minorities during the communal riots, protection of personal laws, status of Urdu, the issue of cow slaughter, and the status of Aligarh Muslim University. While these issues did not help the minorities to solve their socio-economic problems, they gave an alibi to the opposition, particularly the rightist parties, to raise hue and cry that the minorities are being pampered. They raised the issue of a common civil code and the Shah Bano case has given them a reason to propagate the theory of appeasement with

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15

success, as the Rajiv Gandhi government has passed a Bill in parliament to nullify the Supreme Court judgment which sanctioned alimony to the divorced woman. This Bill maintained status quo in matters of Muslim women’s right of divorce and alimony, and exempted the husband from giving the alimony to his divorced wife beyond the period of iddat, that is four months and ten days after the divorce according to the Shariat. In another case the Central government showed eagerness in conceding the demands from the Muslim Community by banning the book The Satanic Verses by Salman Rushdi, as it hurts the sentiments of the minorities. The Hajj subsidy to the pilgrims also helps only the rich of the Muslims as it is only obligatory for the rich to perform Hajj. These cases demonstrated that the government was quick in conceding to the demands of Muslim leadership, which always raised emotional issues. These issues have not helped the Muslim masses at large, but gave a pretext to the rightist parties to carry on the propaganda that minorities are being pampered and helped the parties in consolidating their support base among the majority community. Thus this policy of the centrist parties, particularly the Congress party, so far as attending to the emotional issues that guaranteed the support of the community in terms of electoral benefits, and neglecting their socioeconomic development, has only helped in strengthening the rightist parties in expanding their support base. It is in this context that the role of National Commission for Minorities (NCM), which has the mandate to provide guidelines for the government policy towards minorities, has to be studied. The Commission was set up not only for the protection and monitoring of the various safeguards provided in the constitution for the minorities, but also to evaluate various programmes for the development of the minorities and also to suggest appropriate measures for their socioeconomic development. It is also the objective of the government to achieve national integration thorough the NCM by helping the minorities to become equal partners in the process of national development and also to get their legitimate grievances addressed through the Commission. The National Commission for Minorities has a role to play by focusing on the substantial issues of the minorities. This will help the minorities in raising their standards of living and joining in the national mainstream, and will help the community to become equal partners in the process of nation building, rather than become the tools in the hands of narrowminded leadership, which always fights for parochial issues.

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Chapter One

Organization of the study The study has been divided into six chapters. The first deals with the broad area of the research, which is the minority question in plural societies. It deals with the theoretical aspects of the study and discusses the meaning, definition and also the concept of minority rights, and the approaches to the problems of minorities in India. The chapter also tries to locate the problem of the present study, which is the role of the National Commission for Minorities in bringing the minorities closer to the mainstream and its efficacy in bridging the gap between majority and minority communities. The second chapter deals with the historical outline of the institutional response of the Indian state to Muslim minorities since independence. It briefly delves into the colonial policy of the British towards the Muslims in India, but mainly discusses the conditions of the Muslims after independence, the constitutional safeguards provided to them, and the problems involved in their implementation. It also discusses various measures taken by the Indian state for the protection and progress of the minorities and their impact on the socio-economic and political conditions of the minorities. It also deals with lacunae in the policy making and its implementation, and the problems involved in bringing the Muslims into the mainstream. The origin and the growth of the National Commission for Minorities are discussed in the third chapter. It primarily deals with the genesis and justification of National Commission for Minorities. It traces the evolution of the Commission from the pre-independence period to the present form of the Commission with the statutory status. It also discusses the debate on the necessity and utility of the Commission. It also covers various questions raised on its relevance, and throws light on its significance in a plural society like India. The fourth chapter is about the organization and workings of the NCM. The evolving structure and organizational set up of the Commission from its inception to the statutory status are discussed here. It also looks into the powers and functions of the Commission in comparison with the similar Commissions working in the country. This chapter throws light on the workings of the NCM since its inception first under the government mandate and after the statutory status under the parliamentary mandate. The evaluation of the Commission’s performance is carried out in the fifth chapter. It discusses the impact of the Commission’s work in the policy making of the government towards the minorities and the change it brought in the conditions of the Muslim minorities. The efficacy of the

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Commission in obliterating the abject conditions of the Muslims and in directing the attention of the government towards the substantial issues of the Muslim minority are discussed in this chapter. It also discusses the relation of the Commission with the Government and also the perception of the Muslim minorities about the work of the Commission. The last chapter covers the inferences and observations of the study. The analysis of the study is brought out in order to formulate a general argument about how the institutionalization of minority rights is not enough, and they should also be supported by strong appreciation for the principle of pluralism. In its absence even the existence of the rights and the safeguards, like monitoring mechanisms such as National Commission for Minorities, will not have a positive impact in the integration of minorities’ interest with the general interest of the society.

Notes 1

Claude, Iris L., Nation States and National Minorities, H.U.P., 1955, p.81. Mair, L.P., The Problem of Minorities, Christopher, London, 1928, p.18. 3 Year Book on Human Rights for 1950, New York, 1952, p.490. 4 Francesco Capotorti, Study on the Rights of Persons Belonging to Ethnic, Religious and Linguistic Minorities, United Nations, New York, 1991, p.96 5 Encyclopedia Britannica, Vol. VI, Chicago, Helen Hemingway Benton Publishers, 1981, p. 921 6 Encyclopedia Americana, Vol. 19, New York, American Corporation, 1976, p.206. 7 Iqbal A. Ansari, Readings on Minorities-Perspectives and Documents, Vol. 1, New Delhi, Institute of Objective Studies, 1996, p. xi 8 Gurpreet Mahajan, “Contextualizing Minority Rights”, in D.L. Seth & Gurpreet Mahajan (eds), Minority Identities and the Nation-state, New Delhi, Oxford University Press, 1999, p.59. 9 Jean Jacques Rousseau, The Social Contract, translated and introduced by Maurice Cranston, Harmondsworth, Penguin Books, 1968, p.153. 10 John Stuart Mill, On Liberty and Other Writings, edited by Stefan Collin Cambridge, Cambridge University Press, 1989, p.8. 11 Will Kymlicka, Multicultural Citizenship: a Liberal Theory of Minority Rights, Oxford, Clarendon Press, 1995, p.5. 12 Neera Chandhoke, Beyond Secularism: the Rights of Religious Minorities, New Delhi, Oxford University Press, 1999, p.7. 13 Ibid., p.7. 14 Ibid., p.8. 15 Ibid., p.3. 16 Iqbal A. Ansari, op. cit, p. xiv. 17 Ibid., Pp. 202-3. 18 Ibid., p. xvi. 2

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Shahabuddin, Syed, “Muslim Indians in Census 2001”, Mainstream, 23 October, 2004, Pp.13-14 20 Chandra Bipin, Communalism in India, New Delhi, Vikas Publishing House Private Limited, 1984, Pp.22-23

CHAPTER TWO THE SITUATION OF MUSLIMS IN INDIA

A Historical Overview The year 1857 is a milestone in the history of Indian Muslims. It changed the nature of Indian Muslims, who were considered as rulers hitherto, and were to adjust themselves as subjects under the foreign rule that was hostile towards them because of their participation in the first war of independence. The British government in India regarded Muslims as a potential threat to their political power and adopted a policy of persecution and alienation of Indian Muslims. Government jobs were not open to them. The Muslims were also lagging behind in acquiring western education, partly due to the government’s apathy, and partly out of their own social prejudices. However, the comprehensive nature of the British colonial policy made the Muslim elite rethink their relationship with the new establishment. They could not have remained isolated for long and ignored the new reality in which the support of government was essential for their survival. This situation is clearly depicted in these words of Lelyveld: “But after 1857 it was clear that the only way to participate in political decisions about the allocation and control of social resources was to make some accommodation with the ruling power. Men holding zamindari titles needed government assistance to collect rents; they were no longer permitted to have their own armed retainers. Commerce and manufacturing took place under government regulations that specified the nature of property and rights, and that could be enforced by police power. Transference and inheritance found their ultimate sanction in the courts. Religious leaders relied on the government to protect charitable endowments and other forms of patronage that came their way as a result of economic enterprise. Sacred personal law touching on issues of marriage and family required government enforcement. Revenue administrators, policemen, and judges presided over the security and distribution of all kinds of wealth and property, and even the physical safety of individuals.”1

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Sir Syed Ahmed Khan played a major role in breaking the barriers between the Muslims and the British government. He convinced the Muslims of the utility and necessity of acquiring western education, and also persuaded the British government to change its policy towards the Muslims. Thus Government jobs were thrown open to Indian Muslims in the last decades of the nineteenth century. It has however created a new situation in which the educated elites of both the Hindu and Muslim communities compete for fewer government jobs. The introduction of Local Self Government also compounded this situation, and the sharing of power was added to the already conflicting interest of these two communities. The introduction of the element of democracy gave rise to the debate of majority and minority, and led to the Muslims identity as a Minority community. The following words of Sir Syed explain the emergence of minority conscience among the Muslims. Opposing the Local Self Government Bill he said, “The system of representation of the views and interests of the majority of the population, and, in countries where the population is composed of one race and one creed, it is no doubt the best system that can be adopted. But, in a country like India, where caste distinctions still flourish, where there is no fusion of the races, where religious distinctions are still violent, where education in modern sense has not made equal or proportionate progress among all sections of the population, I am convinced that the introduction of the principle of election, pure and simple, for representation of various interests on the local boards and the district councils would be attended with evils of greater significance than purely economic consideration. The larger community would totally override the interests of the smaller community, and the ignorant public would hold the government responsible for introducing measures which might make the differences of race and creed more violent than ever.”2 Thus, in the beginning of the twentieth century, the competition for jobs and share in power among the upper classes of both the communities led to the start of the separate movements. The British found it convenient and wanted to perpetuate this divide. Hence Lord Curzon announced in Dacca that his concept of a majority Muslim province, “would invest the Muslims in east Bengal with the unity which they have not enjoyed since the days of the old Musalman Viceroys and Kings”3. The partition of Bengal took place in 1906. Lord Minto also followed the policy of active appeasement of Muslims. But the policy of the British was mainly to protect their own interests rather than to benefit Muslims. They wanted to discourage the Swadeshi movement, led by the Congress Party, and used

The Situation of Muslims in India

21

Muslims’ grievances as an excuse. The British in fact encouraged the formation of Muslim organisation, and in 1906 the Muslim League was formed at Dacca. Under the pressure from the Muslim League, the British introduced separate electorate in 1909 reforms which sowed the seeds of partition. Gandhiji tried to win back the Muslims by supporting the Khilafat movement, started to restore the Khilafat of Turkey. However this HinduMuslim unity did not last long and the policy of the British of divide and rule succeeded, and under the leadership of Jinnah, the Muslim League started direct action for the formation of a separate nation. Ultimately India was partitioned into two countries on the basis of religion and the Muslim majority provinces became Pakistan. Thus the policy of the British towards Muslims, which was hostile in the beginning, changed afterwards only to enlist their support against rising national movement under the Congress Party. Whether they liked or disliked Muslims, it was purely to serve their colonial interest. Their policy of divide and rule not only partitioned India but left a permanent scar in the relationship of Hindus and Muslims of India.

Muslims in Independent India The partition of the country on the basis of a two-nation theory created a strange situation overnight. According to Moin Shakir, “The creation of Pakistan rocked the secular outlook of the Hindus who began to nurse a sense of permanent injury. The Muslim community got a sense of insecurity, frustration and uncertainty out of independence and partition.”4 However, it has not changed the belief of Indian leadership in secularism. India not only refused to accept the two-nation theory based on religion, but also committed itself to a secular state by guaranteeing equality and freedom to all, including the minorities. The Constitution of India not only provided the right to equality, the right to freedom and the right to religion to all its citizens, but also provided special rights to minorities in the form of cultural and educational rights to protect their culture, language and script.

Constitutional Provisions The essential framework for the shaping of the policies towards the minorities is set by the Constitution of India. The Indian Constitution has provided a secular state where all the citizens, irrespective of their religion and race, are given equal rights and there is no religion of the state. The

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Fundamental Rights are guaranteed to all its citizens, such as the Right to Life, Right to Equality, Right to Religious freedom, and Cultural and Educational Rights for minorities. The word ‘secularism’ was also incorporated into the preamble of the Constitution of India in 1976 through the 42nd amendment. It is precisely this emphasis on secularism that provided the ideological guidelines to the state response to the minorities. The Constitution therefore provides many safeguards for the protection of minorities. Thus Article 14 grants equality to all citizens without any discrimination. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15 says the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them. Article 16 says that all the citizens enjoy equality of opportunity in matters of public employment. Under Article 25 all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate the religion of their choice. Under Article 26 every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes; to manage its own affairs in the matters of religion; to own and acquire movable and immovable property; and to administer such property in accordance with law. Under Article 27 no person shall be compelled to pay taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination. Under Article 28, no religious instruction shall be provided in any educational institution wholly maintained out of state funds. The Cultural and Educational Rights of the minorities are guaranteed under Articles 29 and 30. Article 29 says that any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same; no citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any one of them. Article 30 says all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice; the state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. The Articles that provide for the rights of linguistic minorities, such as Articles 345, 347, 350, 350A, and 350B, are also relevant in this context. Under Article 345, the legislature of a state may by law adopt any one or

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more of the languages in use in the state or Hindi as the language or languages to be used for all or any of the official purposes of that state. Under Article 347 special provisions can be made relating to a language spoken by a section of the population of a state. On a demand being made in relation to this, the President may, if he is satisfied that a substantial proportion of the population of a state desire the use of any language spoken by them to be recognised by that state, direct that such language shall also be officially recognised throughout that state or any part thereof for such purpose as he may specify. Article 350 provides that every person shall be entitled to submit a representation for the redress of any grievance to any officer or authority of the Union or the states, in any of the languages used in the union or in the State, as the case may be. Article 350A says that it shall be the endeavour of every state and of every local authority within the state to provide adequate facilities for instructions in the mother tongue at the primary stage of education to children belonging to linguistic minority groups; and the President may issue such direction to any state as he considers necessary or proper for securing the provision of such facilities. Article 350B says that there shall be a special officer for linguistic minorities to be appointed by the President. It shall be the duty of the special officer to investigate all matters relating to the safeguards provided for the linguistic minorities under this constitution and report to the President upon those matters at such intervals as the President may direct, and the President shall cause all such reports to be laid before each house of Parliament and sent to the government of the state concerned.5

Secular Polity More than the constitutional safeguards, it is secular leadership of the country that has assured Muslims of their safety and security. Mahatma Gandhi always stood for Hindu Muslim unity and expressed his determination to achieve this in these words: “I had realised early enough in South Africa that there was no genuine friendship between the Hindus and Musalmans. I never missed a single opportunity to remove obstacles in the way of unity… it would be on the question of Hindu–Muslim unity that my ahimsa would be put to its severest test, and the question presented the widest field for my experiments in ahimsa.”6 Ironically the apostle of ahimsa fell to the bullets of a religious fanatic and laid his life for the sake of secular India. Gandhi’s martyrdom created a mood of revulsion towards religious extremism7 which defeated the designs of the communal forces who wanted to see India as a Hindu State.

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Jawaharlal Nehru, the first Prime Minister of India was a firm believer in the principle of secularism and it is he who laid the strong foundations for a secular India. He advocated his belief in secular India in these unambiguous words: “In a country like India, which has many faiths and religions, no real nationalism can be built up except on the basis of secularity. Any narrower approach must necessarily exclude a section of the population, and then nationalism itself will have a much more restricted meaning than it should possess. In India we should have then to consider Hindu nationalism, Muslim nationalism, Sikh nationalism or Christian nationalism and not Indian nationalism.”8 His belief in the principle of secularism was reflected in his administration as he kept the communal elements at a distance. However, after the passing away of Nehru, communalism emerged as a major challenge to secular India. Some historical factors, coupled with the emerging economic equations, aggravated the communal situation. The vote bank politics gave a space to the communal forces in the political arena. As long as the government was under stable leadership there was no growth of this tendency, as the leadership was successful in keeping communal forces at a bay. However, when there was a challenge to the authority at the centre, particularly after the Nehru era, there was a conscious effort by the leadership to create vote banks by giving sops to particular groups to create a support base for them. Thus weaker sections were owed by giving them special importance in development programmes, and the minorities by assuaging their sentiments. Thus the projection of the Congress Party as the champion of the cause of weaker sections and the minorities led to the development of the opposite forces who tried to consolidate their support base among the upper castes. The excesses of the emergency period gave a chance to these forces to gain power at the centre. Thus the rich peasantry, who are against the land reforms, and the Jansaghis, who are against the appeasement of the minority, joined together and acquired power in 1977 in the form of the Janata Party Government. Contrary to general belief, the Janata Party government established the Minorities Commission in 1978. After the fall of the Janata experiment, the Congress party, which projected itself as propoor and pro-minority party, came back to power. The then Prime Minister Indira Gandhi issued a 15-point programme for the upliftment of the minorities, which can be considered as the major policy initiative for the integration of minorities into the mainstream. The government also set up a High Power Panel to study and suggest measures for the development of minorities, Scheduled Castes, Scheduled Tribes and other weaker sections in 1983. However with the electoral setbacks in the assembly elections for

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Andhra Pradesh and Karnataka in 1983, Indira Gandhi went back to her vote bank policy and this time she wanted to gain the support of the majority community and her policy in dealing with the Sikh militancy in Punjab and the consequent Operation Bluestar was seen as an attempt to widen her support base among the majority community. During the Rajiv Gandhi period, the government tried to placate both the communities. It tried to keep both the communities in good humour by supporting their communal demands from time to time. Thus, while it had brought a bill to nullify the effect of Supreme Court Judgement in the Shah Bano case9 and banned a book by Salman Rushdie to placate the Muslims, it also allowed the Hindus to carry out the Silanyas at the disputed site in Ayodhya. These actions legitimised the communal demands and encouraged the entry of communal forces into political space. This policy of keeping all the religious groups in good humour by accepting their communal demands, instead of keeping them at a safer distance has damaged the concept of secularism irrevocably. As a result, while secularism remained as the sacred principle of India in the constitution, in practice the society was divided on communal lines. This divide in fact led to the emergence of the parties openly supporting the religious sentiments of the people having no regard for the principle of secularism. Thus the parties supporting the sentiments of the majority group gained political power. In this scenario there is a danger of the majority community always remaining in power and the minority communities in opposition, which may lead to the feeling of separatism in the long run. However this situation is not as grim as projected here, as there are also intermediate forces in the Indian political system, as well as in the society, which will act as a balance between this situation of majority becoming the tyrant and the minority taking to separatism. Thus there is a need to strengthen the roots of secularism. This is possible only by giving space to every group in the political arena and keeping the aspirations of all alive. It is in this context that there is a need to study the problems of minorities, particularly the Muslims, who are the major community among the minorities. Their problems have been studied here under different categories.

Muslim Issues and Problems Since Independence, the Muslim issues and problems have been dominated by the elite of the community. The Muslim leadership confined

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themselves to emotional and sentimental issues rather than the substantive problems of the community. The issues which dominated the Muslim politics were the Muslim Personal Law, Character of Aligarh Muslim University, and the status of Urdu. The issues like the Shah Banu case involving the Personal Law of the Muslims and the Babri Masjid – Ramjanma bhoomi controversy consumed the major portion of the discourse on the minority problems and dominated the Muslim politics for a long time. These problems being of religio-cultural nature tend to make the discussion take on a communal line, and led to similar or more vigorous demands from the other side, which vitiated the atmosphere further. In the milieu the real problems and issues, like the security of the community, educational development and socio economic conditions of the Muslims, were ignored. The real and substantive problems of the Muslims in India can be better understood by making a study of their genuine issues, like the problem of security, the educational development, their share in government employment, in the private sector and in rural development programmes. An attempt has been made in the following pages to throw light on these issues in the background of general policy of the successive governments towards Muslims.

Communal Problem After independence, the Muslims were more concerned about their safety and security than their rights. The partition of India created an atmosphere of animosity among the Hindus and Muslims as a lot of bloodshed occurred on both the sides of the border and the horrible experiences of the migrants made conditions worse. However, the government under the leadership of Jawaharlal Nehru, and the efforts of Mahatma Gandhi who undertook a fast to bring a halt to the campaign of hatred, helped in a great way in bringing the situation to normalcy. The death of Mahatma Gandhi at the hands of some religious fanatics was the culmination of the communal carnage that started after the partition. Mahatma Gandhi’s death and the consequent abhorrence towards religious extremism, coupled with the efforts of the government banning extremist organisations, subdued the surcharged atmosphere. Therefore, there were very few incidents of communal violence, which occurred mainly in East Pakistan in 1950, and which led to the Nehru-Liaqat Pact on Indo-Pakistan minorities.10 The increasing demand for the reorganisation of the states on a linguistic basis also diverted attention onto intra-linguistic disputes rather than onto the Hindu-Muslim question.

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Another important reason was the withdrawal of the Muslim elite from the competition in the Indian economy. The sixties witnessed the return of the communal riots in a big way. There were communal riots in Jamshedpur, Rourkela and Jabalpur, in 1961 and 1964. The communal riots in Ranchi, Bihar in 1967 and Ahmedabad, Gujarat in 1969 were the major riots that broke out during this period. There were altogether 2689 incidents of communal riots in the 60s, compared to 564 incidents in the 50s.11 In the 70s there were 2657 incidents of communal riots; the major incidents being the Turkman Gate massacre of 1976, in which police were involved. The 80s witnessed communal riots at Moradabad (1980), Nellie, Nowgong in Assam (1983), Bombay and Bhiwandi (1984), and Meerut (1987) in U.P. During 1989, over a thousand people lost their lives because of the agitation over the Babri Masjid. Thus there was the highest number of communal riots during this period, with 4300 communal incidents recorded, in which 4549 people killed. The Rath Yatra of L.K. Advani over Babri Masjid issue vitiated the atmosphere throughout the country and there were communal riots, particularly in the Northern states from where the Rath Yatra procession passed. In 1990 itself, 2000 people were killed in the communal clashes. The destruction of Babri Masjid on 6 December 1992 unleashed a bloody trail in which many persons perished. The Bombay riots of January 1993 claimed 3000 lives.12 The official statistics of communal riots, released by the Ministry of Home Affairs, Government of India, show that communal riots have been taking place all along, although their relative intensity varies from year to year. The following table contains the number of communal incidents, number of persons killed and the number of persons injured from 1960 to 1982.13 The destruction of the Babri Masjid was the culmination of the communal frenzy in the country. There was a bloody trail of communal riots after 6 December 1992 in which thousands of people perished in Ahmadabad, Surat, and Bengal. There were also incidents of gang rape in Surat and other places. In January 1993 dreadful communal riots broke out in Bombay in which nearly 3000 people were killed by the religious fanatics. After a decrease in communal incidents, the communal frenzy flared up again with the recent communal violence in Gujarat, which is considered to be the worst communal violence since independence. This communal carnage claimed more than 2000 people and brought the question of security of the minorities to centre stage again.

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Table 2.1: Communal Disturbances in India Year 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 1981 1982

No. of communal Incidents 26 92 60 61 1170 676 133 220 346 519 521 321 240 242 248 205 169 188 230 304 427 319 309

No. of persons killed

No. of persons injured

Not Available

Not Available

70 72 87 33 39 36 110 261 375 196 118

1207 1000 1206 962 794 1122 1853 2876 2838 2618 1792

(Source: Annual reports of Home Ministry, Muslim India, Vol. 1, January 1983, p.37)

Education Education plays a major role in the development of a community as well as the country. The spread of education can remove poverty, superstition, sectarianism and obscurantism among the people, and develop self-reliance. Recognising the importance of education, the Indian

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constitution provides for the provision of universal, free and compulsory education for all children up to the age of 14 years. Here an attempt is made to see how far the efforts of the government and other agencies have helped the Muslims in getting education. The sections of Muslim society which remained in India were generally economically weaker and poorly educated. They are very slow in picking up the benefits of education. The document of the government of India’s New Education Policy of 1986 in the section on minority education, declared the Muslims, along with the Neo-Buddhists, to be educationally backward on a national level. Muslims are farther behind than the other groups, even when they happen to be the majority population in a given geographical area or in educational institutions established for and managed by them. The High Power Panel set-up by the central government to study the educational and economic conditions of the Minorities, Scheduled Castes, Scheduled Tribes and the Weaker sections conducted an extensive survey on the educational standards of the minorities and submitted the report to the government in 1983. The following data on educational standards of Muslims shows the backwardness of the community in this field.

Enrolment at Elementary School stage According to data collected from 45 districts in 12 states by the High Power Panel on Minorities, there were 9,848,000 students in elementary schools in 1981. Out of these, 1,239,000 students were Muslims. This is only 12.58 percent of the total, while their representation in the sample population was 17.32 percent. At the state level, only in three states, Karnataka, Tamil Nadu and Madhya Pradesh, had an enrolment ratio of Muslims that was greater than their proportion in the population. In all other states, the enrolment ratio of Muslims was lower than their proportion in the population of that state. The gap between the enrolment ratio and proportion in population was significantly large in the states of U.P., Bihar, and Haryana. The data on drop-out ratios was collected from 27 districts in eight states for the year 1980-81. It was found that the drop-out ratio among the Muslim students was about 65 percent, which means that only 35 percent of the students joining class in 1976-77 reached Vth standard in 1980-81. Thus the enrolment ratio at elementary school level among the Muslims is generally lower than their proportion in the population, and the drop-out ratio amongst the Muslims is generally higher than the general drop-out ratio.14

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Secondary School Education The participation of Muslim students at secondary stage in the sample 38 districts of 11 states shows that, out of a total enrolment of 1,964,000, the Muslim students were 209,000. Their participation rate at this stage was 10.66 percent of those enrolled, as compared to their population percentage of 18.56 in the sample districts. At the Class X level, data collected from eight examination boards in 1980-81 revealed that 1,344,000 students appeared at class X examination, out of which 54,000 were Muslims, constituting 4.01 percent, against their proportion in population of 11.28 percent in the relevant states. However, the pass percentage of Muslim students was 59 percent, against the general pass percentage of 54 percent.15

Higher Secondary level The examination results of four examination boards show that 226,000 students appeared in class XII examinations, out of which 564 were Muslims, constituting 2.49 percent. The number of Muslim students who appeared in these examinations was far below their population of 10.30 percent in these areas. The pass percentage among the Muslims was 59.74 percent, against the general pass percentage of 60.80 percent.16

Higher Education At the graduate level, the data collected from 21 Universities in 11 states revealed that 219,000 students appeared at B.A., B.Sc., and B.Com, examinations, out of which 13,571 students were Muslims, constituting 6.19 percent of the total, against their representation in the population of 10.73 percent. The pass percentage of Muslim students was 66.53 percent, against the general pass percentage of 65.7. The information from 16 Universities in nine states showed that there were 23,723 students at MA, M.Sc., and M.Com level. Out of these, 2,162 students were Muslims. Their percentage at this level is 9.1 percent, whereas their percentage in the population in this sample is 10.73. The pass percentage among the Muslim students at the post graduate level is 75.85 percent, against the general pass percentage of 77.59.17

The Situation of Muslims in India

31

Professional Courses The information on engineering education from nine Universities in eight states showed that the total number of students at B.Sc. Engineering and B.E., level were 2,698, out of which 92 students were Muslims. This yields a percentage of 3.4, against their share in population of 12.44 percent. The pass percentage among Muslim Engineering students was 45 percent, which is significantly lower than the general pass percentage of 65 percent. In the case of medical education, the total number of students at M.B.B.S. course in 12 Universities from 8 states, were 2,845, out of which 98 were Muslim students, constituting 3.44 percent, against their share in population of 9.55 percent. The Muslim students’ pass percentage is 52.71 against the general pass percentage of 62.71.18 Thus the participation rates of Muslims in secondary, graduate, post graduate and professional education does not commensurate with their share in population of relevant states. Although the participation rates are low, the performance rates are not low, as there is not much difference between the pass percentages of Muslims and others. The situation is grim in the case of medical and engineering education, in which participation rates are as low as three to four percent. Their backwardness in the field of education also has an impact on their economic conditions.

Economic Development Economic development and education are interdependent. If the community is economically well off, it will try to educate its members. Similarly the educational levels of the community also help it in its economic wellbeing. After the partition, the educated elite and the rich classes of the Muslim community had migrated to Pakistan, whereas the middle and lower rungs of the community stayed back in the land of their birth. The Indian constitution has guaranteed them cultural and educational rights, but has not made mention of their economic and political rights. The Sub-committee on minorities of the Constituent Assembly had in fact discussed the desirability of extending the economic rights to minorities by providing reservations in services. The issue of providing reservation in services to the Muslims was favoured by 9 to 7 in the voting in the subcommittee. It was not only Muslim League members Khaliquzzaman and Chundrigar who expressed their opinion in favour of reservations for

32

Chapter Two

minorities in public services, but also the nationalistic Muslim Maulana Hafizur Rahman who was strongly in favour of this proposal.19 It was however, Gandhiji’s more balanced formulation of 1931, for adequate representation of minorities in services, that gained general acceptability at subsequent stages. It proposed that the claim of minorities should be kept in view in making appointments to such services consistently with the consideration of efficiency of administration. Thus the Advisory Committee on the Fundamental Rights and Minorities, accepting most of the recommendations of the Sub-committee, recommended adequate representation in services. The Constituent Assembly adopted, on 27 and 28 August 1947, the entire Report of the Advisory Committee. On the issue of minority representation in services, Clause 9 of the report with the substitute “due share of all minorities guaranteed” was adopted, which says, “In all India and Provincial services, the claims of all minorities shall be kept in view in making appointments to these services consistently with the consideration of efficiency of administration”.20 A note appended to the clause also made explicit that appropriate provision shall be embodied in the constitution or a schedule there to be added to this effect. In February 1948, these recommendations were duly written into Draft Constitution in Part XIV under the title, “Special provisions to minorities”. Draft Article 296 provided that “the claims of all minority communities shall be taken into consideration consistently with the maintenance of efficiency in the administration, in making of appointments to services and posts in connection with the affairs of the Union or a state”.21 But the issue of minority rights got reopened by Sardar Patel’s letter of 11 May 1949 to the President of the Assembly. The Sardar reported that, during its meeting on 30 December 1948, some members of the Advisory Committee, like Tajamul Hussein and Dr. H.C. Mukherji, felt that conditions were vastly changed since the Committee made their recommendations in 1947, and it was no longer appropriate that there should be reservation of seats for religious minorities, which did lead to a certain degree of separatism and to that extent was contrary to the conception of a secular democratic state. Thus Article 296 of the Draft Constitution, having been considered at all stages of framing the constitution, was scrapped. When the Assembly met on 14 October 1949 it was presented with a changed text of Articles 296 and 299, deleting minorities, throwing to the wind all rules of procedure for amendment of text of any approved article. Thus it is clear that the Constitution has not provided any safeguard to the economic development of the minorities which has an adverse impact

The Situation of Muslims in India

33

on their material condition. The partition of the country also deprived Muslims of their elite class, who migrated to Pakistan expecting plum positions in the new establishment. The middle and lower classes of the Muslims were left to themselves without any government support, which was reflected in all fields, like employment, education, trade and commerce.

Employment The constitution guarantees equality of opportunity to all citizens in matters relating to employment or appointment to any office under the Government. To ensure that the Government employment is open to all, on an equal basis, and in a just and fair manner, it provides for the constitution of Public Service Commissions both at the Central and State levels. However no provision is made to secure adequate representation of the minorities in employment, as done in the case of Scheduled Castes and Scheduled Tribes by way of providing reservations in proportion to their population. Thus the low standard of education among the Muslims and their poor economic conditions made them unable to compete successfully in the field of employment, which is evident from their representation in jobs. The High Power Panel on minorities appointed by the Central government under the chairmanship of Dr. Gopal Singh collected data on the representations of minorities. The analysis of this data of Muslims in Government Offices both central and state, Industrial Undertakings, Public and Private, leads to a few broad conclusions which are presented here.

Civil Services Civil services are the highest services in India and the Muslim representation in these services reflects not only their poor representation, but also their pathetic economic conditions. From the list of the officers for All India Services it is clear that, while Sikhs, Christians and other minorities, were doing well at the competitive examinations, the Muslims by and large did not. For instance, thirty five years after Independence, there were only 128 Muslims in the Indian Administrative Services out of a total of 3,785; there are 57 Muslims in the Indian Police service; and 45 in the Indian Forest services, which gives them a percentage of only 3.22, 2.64, and 3.14 respectively, while according to their population they should be about 11 percent.

34

Chapter Two

The representation of the Minorities in the All India Services till 1980 illustrates that the percentage of Muslims is far below their proportion in the population. The following table shows comparative data of Muslims, Christians and Sikhs in the All India Services. Table 2.2: Muslims in All India Services (Percentage to the total in brackets) Name of services

Total No. of Officers

No. of Muslims

No. of Christians

No. of Sikhs

IAS

3975

IPS

2159

IFS

1433

Total

7567

128 (3.22) 57 (2.64) 45 (3.14) 230 (3.04)

109 (2.74) 49 (2.26) 23 (1.60) 181 (2.39)

165 (4.15) 117 (5.41) 44 (3.07) 326 (4.31)

(Source: Dr. Gopal Singh Report on Minorities, 1983, p.33)

In the higher services their representation is very poor. The following table shows the representation of Muslims in comparison with other minorities, Sikhs and Christians, in the highest services such as All India Services.

The Situation of Muslims in India

35

Table 2. 3: Muslims in Indian Administrative Services (Percentage to the total in brackets) Year 1971 1972 1973 1974 1975 1976 1977 1978 1979 1980 Total

Total Intake 87 142 124 141 129 138 158 134 117 124 1294

Muslims 1 (1.14) 1 (0.70) 3 (2.41) 1 (0.70) 2 (1.55) 5 (3.62) 10(6.32) 10(7.46) 3 (2.56) 1 (0.80) 37(2.86)

Sikhs 4(4.59) 6(4.85) 5(4.03) 9(6.38) 5(3.87) 9(6.52) 4(2.53) 6(4.47) 8(6.83) 5(4.03) 61(4.71)

Christians 5(5.74) 4(2.81) 7(5.64) 4(2.83) 7(5.42) 10(7.24 13(8.22) 13(9.70 7(5.98) 3(2.41) 73(5.64)

(Source: Dr. Gopal Singh Report on Minorities, 1983, p.31).

It is evident from the above table that, while the representation of the Sikhs and Christians of 4.71 and 5.64 is more than their proportion in the population of 1.89 and 2.6 percent respectively, the Muslims’ representation is only 2.86 whereas their population percentage is 11.20. The representation of Muslims in the Indian Police Services is also very low. It is only 2 percent, whereas Sikhs’ and Christians’ representation is 5.34 and 2.27 percent respectively for the period of 1971 to 1979, which is given in the following table.

36

Chapter Two

Table 2. 4: Muslims in Indian Police Services (Percentage to the total in brackets) Year Total Intake Muslims Sikhs 1971 35 --1972 59 -3(5.08) 1973 116 1(0.86) -1974 75 5(6.66) 12(16.00 1975 65 -12(18.46 1976 92 -3(3.26) 1977 212 6(2.83) 3(1.41) 1978 45 2(2.22) 2(4.44) 1979 50 2(4.00) 5(10.00) Total 749 15(2.00) 40(5.34)

Christians --1(0.86) 3(4.00) 3(4.61) 2(2.17) 4(1.88) 3(6.66) 1(2.00) 17(2.27

(Source: Dr. Gopal Sing Report on Minorities, 1983, p.31)

Coming to the Class III and Class IV services, the analysis of the data of the Subordinate Services Examinations, which accounts for most of the recruitment for Class III in the central Government Officers, shows that the percentage of Muslim candidates is about 3. Analysing further the position of their representation in the registration in employment exchanges, which accounts for the bulk of the recruitment, to remaining Class III and Class IV services, it was seen that the percentage of their registration was only 5. The placement was also the same. They had better representation in Class IV services, which worked out to be 9.7 percent. It is seen that the employment of Muslims in the government offices, both central and state, varied from 5 percent to 6 percent of the total employees. Their representation in Class I and Class II services was between 3 percent and 4.5 percent, while in class III and Class IV services it is 5 percent to 6 percent. Thus the overall representation of Muslims in Government services is low compared to their proportion in the population.

Subordinate Services The sample study, conducted by the Gopal Singh Commission on the results of the examination for recruitment to class III services, Clerical Cadre in the Central Secretariat held by the Central Subordinate Services Commission in 1979, shows that Muslims were only 1.56 percent of the total successful candidates.

The Situation of Muslims in India

37

Table 2. 5: Subordinate Services (Central Government) Religion

% to population

No. & % of Applicants

Muslims

11.21

5336 (2.59)

No. & % of successful candidates 83 (1.56)

Christians Sikh

2.60 1.89

9502 (4.61) 3643 (1.77)

366(3.85) 90 (2.47)

(Source: Dr. Gopal Singh report on Minorities, 1983, p.33)

State Services The representation of Muslims in the State Services recruited by the State Public Services Commissions is also not satisfactory. A sample of the states where the Muslim population is in considerable number reveals that Muslims’ representation in the public services has never reflected their population percentage. The following table shows the number of Muslims called for interview and the number of candidates selected in the Service Commission Examinations in the states of Andhra Pradesh, Bihar, Kerala, Madhya Pradesh, Maharashtra, Tamil Nadu and Uttar Pradesh.

Chapter Two

III

ii

II i

v

Andhra Pradesh Group I 21532 Group II B 19899 Group I 5651 Dy. Exe. 1704 Engineers Civil Asst. 5450 Surgeons Total 54236 Kerala Office 1089 Asst. Gr. II Block Dev. NA Officers Total Madhya Pradesh Group I & 31885 II

I i ii iii iv

903(2.83)

NA

90(2.89)

658(8.56)

7684 31221

588(8.42)

70(10)

1217(4.27)

131(2.86)

310(4.52) 639(4.38) 103(5.37) 34(5.73)

6984

700

28527

2597(4.79)

123(11.29)

4377

6857 14583 1917 593

No. Appeared Total Muslims

166(3.04)

967(4.49) 950(4.77) 412(7.29) 102(5.98)

No. Applied Total Muslims

Name of Exam/State

Sl No.

1356

695

143

552

4186

3733

196 --85 172

24(1.77)

72(10.36)

14(9.79)

58(10.50)

141(3.37)

103(2.76)

26(13.26) --8(9.44) 4(2.32)

Called for interview Total Muslims

Table 2.6: Representation of Muslims in the State Public Service Examinations (Percentage to the total in brackets)

38

353

NA

200

1963

1066

112 664 22 99

6(1.70)

NA

20(10)

60(3.06)

25(2.34)

11(9.82) 21(3.16) 1(4.54) 2(2.02)

Selected Total Muslims

VII

VI

V i ii iii

iii

ii

IV i

Maharashtra Asst.& Sales Tax Insp. Forest Range Office. Asst. Cons of Forest Total Tamil Nadu Group III Group II Asst. Surgeon Total Uttar Pradesh Forest Rangers Bihar Forest Rangers Total VI+VII

22(2.24)

535(5.90)

980

9066

513(6.34)

250(3.95)

6352

8086

76(3.27) 12(2.44) 162(4.62)

NA

62(3.03)

120(1.43)

2352 497 3503

2375

2048

8399

6727

578

6149

---

-------

2015

1565

5610

381(5.66)

10(1.12)

371(6.03)

---

-------

3(0.15)

NA

114(2.03)

370

110

270

5938

12(3.24)

1(0.91)

11(4.07)

232(3.91)

69(3.29) 11(2.34) 152(4.51)

9(0.84)

1065 2097 470 3371

2(1.22)

3(1.59)

4(0.56)

164

189

712

The Situation of Muslims in India

107

40

67

1792

313 79 1400

273

39

74

160

3(2.81)

1(2.50)

2(2.98)

83(4.63)

9(2.87) 3(3.80) 71(5.07)

1(0.37)

1(2.56)

---

---

39

Uttar Pradesh Comb. 19557 1310(6.70) 12261 State Services Bihar Comb. 17645 709(4.02) 11111 State Services Total 37202 2019(5.40) 23372 Grand NA Total I to VII (Source: Dr. Gopal Sing Report on Minorities, 1983, p.35)

40

660

619 1279 14,889

1037(8.46)

504(4.54) 1541(6.60)

Chapter Two

47(3.67) 537(3.61)

39(6.39)

18(1.21)

477 4965

233

244

23(4.82) 176(3.54)

17(7.30)

6(2.46)

The Situation of Muslims in India

41

The data in the above table reveals that the representation of the Muslims is far less than their percentage of population in the respective states. Out of 14,889 candidates who were interviewed by these communities, 537 were Muslims, constituting 3.61 percent. Similarly, out of 4.965 candidates who were successful, 176 were Muslims, constituting 3.54 percent. State-wise analysis shows that in the State of Andhra Pradesh, out of 4,186 candidates who appeared for interviews for 5 different examinations, 141 were Muslims, constituting 3.37 percent. Similarly, out of 1,963 successful candidates, 60 were Muslims, constituting 3.06 percent. In the state of Kerala the data collected from one examination shows that out of 695 candidates who appeared for interview for the examination, 72 were Muslims, constituting 10.36 percent. Similarly, among the successful candidates, out of 200 candidates, 20 were Muslims, constituting 10 percent. In the state of Madhya Pradesh, the results of one examination show that out of 1,356 candidates called for interview, 24 were Muslims, constituting 1.77 percent. Among the 353 successful candidates, 6 were Muslims, constituting 1.70 percent. The results from three examinations conducted in Maharashtra show that out of 1,065 candidates who were called for interview, 9 were Muslims, constituting 0.84 percent. Similarly, out of 273 successful candidates, 1 was a Muslim, constituting 0.37 percent. In the state of Tamil Nadu, analysis of the results of three examinations shows that out of 5,938 candidates called for interview, 232 were Muslims, constituting 3.91 percent. Among the 1,792 successful candidates, 83 were Muslims, constituting 4.63 percent. The results of Forest Range Officer Examinations conducted by the Uttar Pradesh shows that out of 270 candidates who were called for interview, 11 candidates were Muslims, constituting 4.07 percent. Similarly, out of 67 successful candidates, 2 were Muslims, constituting 2.98 percent. The results of Forest Rangers in Bihar, show that out of 110 candidates called for interview, only one candidate was Muslim. And out of the 40 candidates who were successful, one candidate was Muslim, constituting 2.50 percent.22 An overall analysis of the data shows that the representation of Muslims in various examinations conducted by different state Service Commissions is below their population proportion.

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Chapter Two

Employment in Industrial Sector Looking at Muslim employment in the industrial undertakings, it is seen that their representation in the public sector undertakings was roughly about 11 percent. In the private sector, however, their representation was about 8 percent. In executive and supervisory cadres in the public sector undertakings, their representation was between 3 percent and 4 percent; while in the private sector, it was between 2 percent and 3 percent only. In clerical and workers cadres in the private enterprises they numbered about 8 percent, which was less than their population percentage. In clerical and workers’ cadres, where job skills are the main criteria for selection, their representation was far better. It appears that the supervisory levels, and in workers’ category, their technical skill is better; that is why they have been preferred both in the Public and Private Sector. Muslims who are covered under reservations in certain states are able to get representation adequately. However their percentage in the total population of Muslims is very low and this will have only a marginal effect on the overall employment situation of Muslims. This is the main reason for their lagging behind in the field of education. In the private sector the information regarding the employment of minorities was not readily available. Some available data from the sample survey shows that in TISCO Muslims constituted 4.1 percent in the Executive Cadre, 5.6 percent in the Supervisory cadre, and 10.13 percent in the workers cadre. In TEXMACO there was no Muslim in their executive cadre. They constitute only 0.3 percent in the supervisory cadre and 4.4 percent in the workers cadre. In Celico and Aravind Mills at Ahmadabad, Muslims constitute only 0.68 percent in the executive cadre though their overall representation was 10.22 percent among the employees of the mills. Information collected from Mafatlals’ at Bombay showed that, while the Muslims had no representation in the executive cadre, they constitute 1.72 percent in the supervisory cadre and 3.53 percent in the workers cadre. In Mahindra and Mahindra Limited at Bombay, Muslims constitute 1.48 percent in the executive cadre, 2.25 percent in the supervisory cadre, and 5.02 percent in the workers cadre. In the Orkay Group of Industries at Bombay, Muslims constitute 3.3 percent in the executive cadre and 11.9 percent in the workers cadre. In J.K. Industries at Kanpur, Muslims constitute 2.63 percent in the executive cadre, 2.28 percent in the supervisory cadre, and 5.41 percent in the workers cadre. In Indian Explosive Limited at Kanpur, Muslims had

The Situation of Muslims in India

43

no representation in the executive cadre. They however constitute 2.73 percent in the supervisory cadre, and 7.09 percent in the workers cadre.23

Muslims in the Armed Forces Before independence, Muslims constituted as much as 34 percent of the Indian army. Union Minister of State for Defence, Mahavir Tyagi, told the Aligarh University Students Union in the 1950s that, “the percentage of Muslims in the armed forces had come down to two, despite their population being 11 percent.” Since Tyagi’s statement, no figures are available about the Muslims’ percentage in the army, air force, or the navy. The recruitment pattern on single class (sub-caste), fixed class, and mixed class based on the ethnic regiments and the lack of education are probably the reasons for the lack of Muslims in army officers’ ranks, the IAF, and the naval forces, more than a policy of deliberate exclusion through a discriminatory policy.24

Muslims in Law Enforcement Agencies Muslims are not found proportionate to their numbers in law enforcement agencies, such as the state police, Central Reserve Police (CRPF) or armed constabularies. In 1993 in Uttar Pradesh Provincial Armed Constabulary (PAC), Muslims are only four percent, in the CRPF only 5.5 percent, and a mere 6 percent in Rapid Action Force (RAF), according to India Today. N.C. Saxena’s statistics show that Muslims in national, as well as State level, record less than 3 percent, whether as IPS officers or other ranks. In 1993 there were 1120 Muslim police personnel in Delhi, out of a total of 50,934; in Haryana a mere 271 out of a total of 28,718. There are no Muslims at all in Union Home Ministry’s two sensitive departments, Intelligence Bureau (IB) and the Research and Analysis Wing (Raw).25 Thus it is clear from the above analysis that the representation of Muslims in the central, as well as state, government jobs is not satisfactory. In fact it is minimal at higher category of posts, like the Civil Services. Even in Public Sector Undertakings and Private Enterprise their share is not comparable to their share in the population.

Rural Development The Government of India has taken several policy decisions and have allotted sufficient funds for Rural Development to the target oriented

44

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schemes, to make their benefits reach the poorer sections of the society. Though there are no special programmes for the Muslim minorities like that of the Scheduled Castes and Scheduled Tribes, the following data, collected through the sample survey of 46 districts spread over 11 states by the Dr. Gopal Singh Committee, shows the impact of these programmes on poorer sections of Muslims. The analysis of the data shows that out of 1,978,000 beneficiaries under developmental schemes pertaining to agriculture and allied sector, Muslim beneficiaries account for 250,000, constituting 12.7 percent of the total. The data collected from 59 districts spread over 14 states in regard to the benefits accruing from the Integrated Rural Development Programme (IRDP) schemes under the agriculture and allied sectors has been analysed, and it is seen that out of 380,000 beneficiaries under the various IRDP schemes in this sector, the number of Muslims beneficiaries was 20,000. This roughly constitutes 6.32 percent of the total. The data, regarding the benefits which have accrued to the rural artisans under IRDP, was collected from 37 districts spread over 11 states and shows that out of 22,308 artisans, 3,216 were Muslims, constituting 14.41 percent of the total. While the percentage is impressive, the total coverage itself is so meagre that it can hardly make any significant impact on their economic condition.26 The analysis of the data regarding the participation of the Muslims in the scheme of Training of Rural Youth for Self Employment (TRYSEM) collected from 46 districts spread over 13 states shows that out of 37,586 persons who were trained under this scheme, 6,125 were Muslims, accounting for 16.30 per cent of the total.27

Industrial Sector The sample surveys of industrial licenses issued by the Union Ministry of Industrial Development were conducted by the High Power Panel on Minorities to find out whether the minorities have been able to derive any benefits from the establishment of various industrial units. The following data shows the benefits accrued by the Muslims in this sector. In 1979, out of 260 industrial licenses issued for units costing between Rs. 30,000,000 and Rs. 2,000,000, Muslims were given 5 licenses, which accounted for 1.9 percent. Similarly, in 1980, out of 386 cases approved, 6 went to Muslims, which is 1.5 percent of the total. The cases rejected for the same period of 1979, out of 302 scrutinised, 10 were of Muslims, which is 3.3 percent, and in 1980 out of 406 scrutinised, 9 were Muslims,

The Situation of Muslims in India

45

which accounts for 2.3 percent. This study shows that the minorities have not been the beneficiaries and their percentage in such a vital sector of economic growth and development has been ruefully meagre.28

Small Scale Industries These are the units where the cost of their plants and machinery should not exceed Rs. 2,000,000. These include traditional small scale industries and modern small scale industries. Traditional small scale industries include handicrafts, hand looms, and village industries, and modern small scale industries are mostly power operated and manned by machines. In order to encourage and enable these units to run smoothly, the government of India has laid down certain preferences for issue of licenses, quotas and permits for the material requirement by them; it is here that minorities face much difficulty and they are handicapped in successfully running these units. The data collected by the High Power Panel in this regard from 66 districts of 14 states shows that out of 33,994 small scale industrial units registered in the sample districts, 5,638 units were owned by the Muslims, accounting for 16.58 percent of the total. Their share in the ownership of these units in most of the states was found to be more than their population percentage. The data regarding industrial raw material were collected in respect of distribution of pig iron, steel, coal, paper, cement, Kerosene oil and certain other items. Out of 14,578 people who were given industrial raw-materials from the Industrial Department, 1223 were Muslims, accounting for 8.39 percent of the total. Their share in Industrial Plots was 7.36 percent.29

Traditional Small Scale Industries The traditional small scale industries are very crucial as they provide large scale employment to the minorities in particular, and the rural poor in general.

Handicrafts The development of handicrafts looked after at the Centre of the All India handicrafts Board at Delhi and at the state level by the Director of Industries. The data collected from 31 districts spread over 112 states shows the benefits accrued by Muslims from these schemes implemented in the handicrafts sector. Out of the total 16,300,000 artisans employed in

46

Chapter Two

the handicrafts sector, 86,000 were Muslims, accounting for 51.09 percent of the total. Out of 22,000 units, only 955 units were owned by the Muslims, accounting for 4.41 percent. In the co-operative sector units, only two belong to the Muslims, accounting for 11.03 percent of the total. Thus it is clear that though they accounted for 51.09 percent of the workforce in the handicrafts sector in the sample districts, they own barely 4 percent of the units. Regarding the financial assistance provided to the artisans, the data shows that out of 8,256 people who were provided such assistance by the government financial institutions, only 215 were Muslims, accounting for 2.60 percent of the total. Similarly, out of 3379 people who received assistance from various beneficiary oriented schemes, 58 were Muslims, accounting for 15.30 percent. 14,916 artisans received assistance by way of provision of raw materials, out of which 2,004 were Muslims, accounting for 13.44 percent. The scheme for artisans to upgrade their skills or to train new artisans in this field covered 5,089 artisans, out of which only 651 were Muslims, which accounts for 12.79 percent of the total.30 Thus we find that Muslims, despite their expertise in Handicrafts, have not received sufficient benefits from co-operative and financial institutions. They have however received some assistance from beneficiary oriented schemes for provision of raw materials and from schemes for training to upgrade their skills, though this was a pittance compared to their overall requirement.

Handlooms At the central level, the Development Commissioner Handlooms is implementing a number of co-operative movements in the field through Directors of Handloom Industries and Registrars of co-operative societies in the states. The sample studies in 34 districts of 10 states regarding the benefits which have been accrued by Muslims from the schemes implemented in the handloom sector show that there are 3,334,000 weavers in the sample districts, out of which 166,000 are Muslims, accounting for 49.67 percent of the total. Out of these, only 24.44 percent are under co-operative coverage. The analysis of the ownership of looms shows that out of 463,000 looms in the districts surveyed 121,000 looms are owned by them accounting for 26.14 percent of the total. Regarding the flow of credit 20,777 weavers were provided financial assistance amounting to Rs. 34,598,000, out of which 15,686 weavers

The Situation of Muslims in India

47

received credit amounting to Rs. 20,497,000. Thus in terms of beneficiaries they are 75.50 percent, and in terms of amount received it comes to 59.23 percent. Analysis of the provisions of subsidy for purchasing equipment for weaving show that out of 3,367 weavers who received subsidy amounting to Rs. 11,657,000, 1,752 were Muslims who received subsidy of about Rs. 48,000. Their share thus in terms of beneficiaries is 522.03 percent and in terms of amount received it is 0.42 percent, which is extremely low. Out of 1,480 weavers who received assistance by way of raw material 1,126 were Muslims, accounting for 76.08 percent. Out of 8,633 weavers who were provided equipment, 1,997 were Muslims, accounting for 23.13 percent of the total. In the implementation of the scheme of Training of Rural Youth for Self Employment (TRYSEM) in respect of weavers out of 279,000 who were trained, 4,242 were Muslims, accounting for 1.52 percent of the total, which seems to be inexplicably low.31

Khadi and Village Industries The data shows the benefits from schemes being implemented under the Khadi and Village Industries Corporation (KVIC) programme in 28 districts spread over 11 states. Out of 23,765 artisans covered under the KVIC programme, 2,174 were Muslims, accounting for 9.15 percent of the total. Among these, 5,458 were under the co-operative sector, of which only 44 were Muslims, accounting for 0.81 percent. There were 10,450 units registered under KVIC programmes, out of which 301 belonged to Muslims, accounting for 2.88 percent of the total. Regarding the supply of raw material and other assistance in this respect, out of 5,639 artisans who received assistance, 83 were Muslims, accounting for 1.47 percent of the total. Regarding the flow of financial benefits, out of 7,400 artisans who received financial assistance, 99 were Muslims, accounting for 1.34 percent. Similarly, of 4,175,000 distributed, Rs. 221,000 were accrued by Muslims, accounting for 5.28 percent. Regarding the provision of subsidy for purchasing tools and equipment, out of 5,846 artisans who received assistance, 45 were Muslims, who received Rs. 1200 out of a total of Rs. 298,000. Thus their share in terms of beneficiaries is about 0.77 percent and in terms of amount it is 0.40 percent.32

48

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Role of Financial Institutions The flow of adequate credit is important for the welfare of the weaker sections, particularly the minorities. The main sources of flow of credit to the minorities are Public Financial institutions which include Commercial Banks and Co-operative Credit institutions.

Commercial Banks The data regarding the financial assistance received by Muslims relates to 1953 branches out of 9309 branches located in 71 selected sample districts in 12 states, and shows that under all schemes the Muslim beneficiaries, numbering 193,718 out of 1,615,716, received Rs. 682,400,000 out of Rs. 16,567,300,000. Their share in terms of beneficiaries comes to 12 percent of the borrowers who received only 4 percent of the total amount. Thus, though not in terms of beneficiaries, in the amount received, their share was low.33

Co-operative Credit Institutions The co-operative credit institutions meet the requirements of both the agricultural and the non-agricultural sectors. Under these categories the available data from 37 selected sample districts spread over 11 states covering short term, medium term and long term loans shows that the position of Muslims in securing agricultural loans from the co-operative sector was quite satisfactory. The Muslim beneficiaries, numbering 251,000 out of 1,541,000, secured Rs. 294.900,000 out of Rs. 1,818,600,000. Here they constituted 16 percent of the total beneficiaries who secured almost 16 percent of the total assistance given under this sector.34

Distribution of Economic Concessions The survey conducted in the year 1983 by the High Power Panel, to ascertain how far minorities have derived benefits from the licenses and quotas issued by the civil supplies department of governments in different states and have succeeded in establishing small business, shops etc., to earn them living, covered 73 districts spread over 14 states. Regarding the licences issued for the distribution of essential commodities by the civil supplies department, the data shows that out of 350,000 beneficiaries of these licenses, 24,000 were Muslims, accounting for 6.97 percent of the

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total, against their population of 14.73 percent in the sample area. Regarding the licenses issued for small shops and other such establishments from18 districts over 9 states, it is seen that out of a total of 194,000 such shops, 24,000 belong to the Muslims, accounting for 12.25 percent of the total.35

Transport The analysis of the data collected from 62 districts spread over 13 states shows that out of 106,110 permits issued for trucks, 18,038 were issued to Muslims, accounting for 17 percent. Similarly out of 26,000 permits issued for buses, 4,524 were issued to them, accounting for 17.40 percent of the total. Regarding the ownership of auto rickshaws, taxis and other small vehicles, the data shows that out of 82,000 permits issued, 17,000 were issued to the Muslims, accounting for 20.20 percent of the total.36

Housing Next to food and clothing, housing constitutes an important requirement for human beings. That is the reason the government has undertaken a large scale programme of construction of houses for allotment to various sections of the population. The following data shows the share of Muslims in the housing schemes in different states on a sample basis. The analysis of the data regarding housing programmes collected from 22 districts spread over 9 states shows that out of 121,447 houses allotted under all three categories, the economically weaker sections, low income group, and middle income group, of housing schemes in the sample districts, 3,478 were allotted to Muslims, constituting 2.86 percent of the total. With regard to their population percentage in the sample states, which is 9.27 percent, their representation in housing programmes is very low.37 Thus it is clear that the Muslims are under-represented in the public services. In education, particularly in higher education, their percentage is low, and in economic activities their share is not in proportion to their percentage in population. Their poor economic conditions and lack of education aggravate other social problems, like the communal tensions in society. They become easy prey to the designs of the communal forces, and also they are the worst sufferers of the communal riots.

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The constitution of India guaranteed the religious, cultural and educational rights of the minorities but did not make any provisions for their economic upliftment the way it has provided special provisions for the upliftment of other weaker sections, like the Scheduled Castes and Scheduled Tribes. The government also initiated many programmes for the economic development of these weaker sections but did not take up any special programmes for the upliftment of the poorer sections of the Muslim minority. The government did not even collect data on the conditions of the Muslims on a community basis fearing that this may perpetuate the feeling of majority and minority among the people. However, in the 80s the government realised the need to address the problems of the Muslim minorities and has taken certain positive steps in this regard. For instance, the government of India constituted a High Power Panel on 10 May 1980 to ascertain whether the benefits of various fiscal policies of government, both Union and State, really reach the minorities along with other weaker sections, such as Scheduled Castes and Scheduled Tribes; to identify the constraints or bottlenecks whereby incentives, facilities and other encouragement are not being fully availed by them; to suggest ways and means by which the benefits of certain fiscal policies, incentives, facilities and other encouragement reach them; and to make recommendations with regard to other allied matters. This High Power Panel gathered valuable information and made recommendations for ameliorating the conditions of the minorities as well as the Scheduled Castes and Scheduled Tribes in its report submitted to the Union Government in 1983.

15 Point Programme for Minorities Subsequently the Union Government under the Prime Ministership of Mrs. Indira Gandhi issued directions to the central ministries and the state governments regarding the major issues concerning the minorities, such as the communal riots, recruitment to state and central services, and other measures. These directives, known as the 15 Point Programme of Prime Minister on minorities, set certain guidelines for tackling the problems of minorities on large scale, which are as follows: I. Communal Riots 1. The State Governments are being advised that in the areas which have been identified as communally sensitive and riot prone districts, police officials of the highest known efficiency, impartiality and secular record must be posted. In such areas and even elsewhere, the prevention of

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communal tension should be one of the primary duties of DM and SP. Their performances in this regard should be an important factor in determining their promotion prospects. 2. Good work done in this regard by district police officials should be rewarded. 3. Severe action should be taken against all those who incite communal tensions and take part in violence. 4. Special courts or courts specially earmarked to try communal offences should be set up so that offenders are brought to book speedily. 5. Victims of communal riots should be given immediate relief and provided prompt and adequate financial assistance for their rehabilitation. 6. Radio and TV must also help in restoring confidence, communal harmony and peace in such affected areas. 7. It is unfortunate that certain sections of the Press sometimes indulge in tendentious reporting and publication of objectionable and inflammatory material which may incite communal tension. I hope that editors, printers, publishers and other concerned will co-operate in finding a way to avoid publication of such material. II. Recruitment to State and Central Services; 1. In the recruitment of police personnel, state government should be advised to give special consideration to minorities. For this purpose, the composition of selection committees should be representative. 2. The Central Government should take similar action in the recruitment of personnel to the central police force. 3. Large scale employment opportunities are provided by the Railways, nationalised banks and public sector enterprises. In these cases also the concerned departments should ensure that special consideration is given to recruitment from minority communities. 4. In many areas recruitment is done through competitive examinations. Often minority groups have been handicapped in taking advantage of the educational system to compete on equal terms in such examinations. To help them to overcome these handicaps, steps should be taken to encourage the starting of coaching classes in minority educational institutions, to train persons to compete successfully in these examinations. 5. The acquisition of technical skills by those minorities who are today lagging behind would also help in national development. Arrangements should be made to set up ITIs and polytechnics by the government or private agencies in predominantly minority areas to encourage admission in such institutions of adequate number of persons belonging to these communities.

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III. Other Measures; 1. In various development programmes including the 20 point programme, care should be taken to see that minorities secure in a fair and adequate measure the benefits flowing there from. In the various committees which are set up to oversee the implementation of such programmes, members of those communities should be actively involved. 2. Apart from general issues to which I have referred there are various local problems which develop into needless irritants to minorities. For instance encroachments of wakf properties and on grave yards have led to protests and grievances in some places. Suitable steps should be taken to deal with such problems on an expeditious and satisfactory basis. 3. Problems relating to minorities need to be attended to on a continuous basis so that apprehensions are allayed and genuine grievances redressed. To facilitate this, a special cell will be created in the Ministry of Home Affairs to deal with matters relating to minorities.38 It is also mentioned in this directive that some other measures are under consideration that will facilitate the full participation of Muslims and other minority groups in all aspects of national life and thus promote the cause of national integration. It has also been decided to review the results of the actions taken to implement the above decisions on a quarterly basis. Another important step taken in this direction was the establishment of the Minorities Commission. It was established through an executive order in 1978 by the Janata Party Government under the leadership of Moorarji Desai.39 This commission was conferred statutory status in 1992 and became the National Commission for Minorities.40 It is expected to function as the watchdog of the government policies towards the minorities, and also to act as the clearance house of minority-related issues. The National Commission for Minorities (NCM), a detailed study of which is the topic of the present research, has a special role to play not only in finding a solution to the problem of the minorities of the country, but also to guide the government in policy matters regarding the minorities. The existence of this commission will have a special effect on the conditions of the minorities, particularly the Muslims who constitute the major chunk of the minority population. Hence a study has been undertaken to find out its structure, functions, and its workings to understand its role in shaping the policy of the government towards the minorities, particularly the Muslims.

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Notes 1

David Lelyveld, Aligarh’s First Generation, OUP, Delhi, 1978, p.62, cf. Asghar Ali Engineer, Indian Muslims: A study of the Minority Problems in India, Delhi, Ajanta Publications, 1985, Pp. 20-21 2 C.H. Philips, ed., The Evolution of India and Pakistan - 1858-1947; Selected Documents, London, 1962, p. 185, cf. Asghar Ali Engineer, op.cit., p. 30. 3 P. Mukherji, All about Partition: Curzon’s speech at Dacca, 18 February, 1890, cf., Deep Chand Bandhu ed, History of Indian National Congress, Delhi, Kalpaz Publications, 2003, p.60. 4 Moin Shakir, Muslim in Free India, New Delhi, Kalankar Prakashan, p.156. 5 Bakshi, P.M., the Constitution of India, New Delhi, Universal Publishing Co., 1999, Pp. 271-273. 6 M.K.Gandhi, My Experiments with Truth, New Delhi, Penguin, 1983, p.399 7 Mushirul Hasan, Legacy of a Divided Nation: India’s Muslims since Independence, New Delhi, Oxford University Press, 1997, p.137. 8 S.Gopal, Jawaharlal Nehru: An Anthology, New Delhi, Oxford University Press, 1983, p.322. 9 In this case of AIR 1985, SC 945 the Supreme Court directed Mohd Ahmed Khan to provide maintenance to his divorced wife Shah Bano Begum. However on the protest from Muslim community, the Government of India piloted a Bill which was passed by Parliament and became an act on May 19, 1986 known as ‘the Muslim women (Protection of Rights on Divorce) Act 1986’.It denied the benefits of alimony after divorce under the Section 125 of CRPC to Muslim women. For details see K. Saibaba, Secular Policy: An Evaluation of A Uniform Civil Code in India, Osmania Journal of Social Sciences., Vol.III, No. I, Jan – June 2003, p.53. 10 Richard S. Lambert, “Religion, Economics and Violence in Bengal”, Middle East Journal , July 1950pp.37-28 as quoted in Omar Khalidi’s Indian Muslims Since Independence, New Delhi, Vikas Publishing House, 1995, p.17. 11 Omar Khalidi, Indian Muslims Since Independence, New Delhi, Vikas Publishing House, 1995, p.19 12 Ibid., p.19. 13 Statistics of Communal Disturbances, Muslim India, Vol.1, No.1, January 1983, p.37. 14 Dr. Gopal Sing Report on Minorities, Vol.1, High Power Panel on Minorities, Scheduled Castes, Scheduled Tribes and other weaker sections, Ministry of Home Affairs, Government of India, 1983. 15 Ibid., p.21 16 Ibid., p.22 17 Ibid., p.23 18 Ibid., p.20-25. 19 Iqbal, A. Ansari, Readings on Minorities, New Delhi, Institute of Objective Studies, 1996, Pp. XXIV-V. 20 Ibid., p. xxvi. 21 Ibid., p. xxvi. 22 Dr. Gopal Sing Report on Minorities, 1983, op cit., p. 35.

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Ibid., p. 49. Omar Khalidi, op cit., Pp.77-84. 25 Ibid., pp. 85-88 26 Dr. Gopal Singh Report on Minorities, 1983, op cit., Pp. 53-55. 27 Ibid., p.59 28 Ibid., p.60 29 Ibid., p.68 30 Ibid., p.71 31 Ibid., p.75 32 Ibid., p.79 33 Ibid., p.89 34 Ibid., p.92 35 Ibid., p.81 36 Ibid., p.102 37 Ibid., p. 103. 38 Dr. Gopal Singh Report on Minorities, op cit., Pp. 5-6 39 Government of India Resolution, Home Ministry Notification, No. II160/2/2/77-NID issued on 12 January, 1978. 40 National Commission for Minorities Act XIX of 1992 passed on 17 May 1992 and enforced w.e.f. 17 May 1993. 24

CHAPTER THREE NATIONAL COMMISSION FOR MINORITIES: GENESIS AND JUSTIFICATION

The genesis of the National Commission for Minorities can be traced back to the promise of appointment of an independent machinery to investigate and report the conditions of minorities and the working of the safeguards presented by the Congress in 1931 as part of the scheme on minorities. The Sapru Committee, which was set-up by the Non-Party Conference held in November 1944, to examine the whole of the communal and minorities issues from the constitutional and political point of view, incorporated a number of fundamental rights for minorities including the provision for appointment of a minorities’ commission, both at the centre and in each of the provinces. This committee dealt in detail with the constitution of the Minorities Commission and suggested, “There shall be an independent Minorities Commission at the centre and in the provinces composed of representatives of each community (but not necessarily a member of that community) represented in the legislature, elected by members of the legislature belonging to that community. No member of the legislature shall be eligible for election and the term of office of the members of the Commission shall synchronize with that of the legislature.”1 The committee also dealt in detail the function of the Commission in the following words, “the functions of the commission shall be to keep a constant watch over the interest of the minority communities; to call for such information as the commission consider necessary; to review periodically the policy pursued in regard to the implementation of nonjusticiable fundamental rights and to submit reports to the Prime Minister. The recommendations of the commission shall be considered by the cabinet and the Prime Minister shall place the report of the commission with a full statement of action taken thereon before the legislature which shall have facilities provided for a discussion thereon.”2

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The Constitutional Assembly also discussed the provisions for creating independent machinery for minorities. The Advisory Committee of the Constituent Assembly on Fundamental Rights and Minorities, headed by Sardar Patel, formed a sub-committee on minorities headed by a Christian member, H.C.Mukherji. This sub-committee recommend in its report of 27 July 1947, apart from other proposals, the appointment of independent officers by the President at the centre and by the governors in the provinces to report to the legislature about the working of the safeguards for minorities. The Advisory Committee adopted its report on minority rights accepting most of the recommendations, including the appointment of independent machinery for minorities on 1947. Besides recommending appointment of minority officers, the committee also recommended provisions for commission for backward classes. The Constituent Assembly adopted, on 27 and 28th August 1947, the entire Report of the Advisory Committee which included, apart from other provisions, clause 11 containing provision for the appointment of an officer by the President at the centre and by the governors in the provinces to report to the Union and provincial legislature regarding the working of the safeguards provided for the minorities. In February 1948 these recommendations were duly written into the draft constitution in Part XIV under the title “Special Provisions relating to Minorities”. Under article 299, provisions were made for the Special Officers for minorities for the Union and each of the states to investigate and report all matters relating to the safeguards for the minorities in the Constitution.3 However, the issue got reopened by Sardar Patel’s letter of 11 May 1949 to the President of the assembly. The Sardar reported that during its meeting on 30th December 1948, some members of the advisory committee, like Tajammul Hussain and Dr. H.C.Mukherji felt that conditions were vastly changed since the committee made their recommendations on minorities in 1947, and it was no longer appropriate that there should be reservations of seats and other provisions for religious minorities. Thus, on 14th October 1949, a draft was presented to the Constituent Assembly with a changed text of Article 296 and 299 deleting the word ‘minorities’, throwing to the wind all rules of procedure for amendment of text of any approved article. Thus an ignominious burial was given to the provision of Minority Officers to monitor and report the working of minorities’ safeguards along with the economic safeguards. However the idea of the Minority Commission was revived through manifestos of political parties in the sixties and seventies. In 1960, a oneman Minorities Commission was established by the Uttar Pradesh

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government and a multi-member Minorities Commission was set up by the Bihar government in 1971.4 Finally the Commission for Minorities was constituted by the first non-Congress Government of the Janata Party in 1978 to work under the department of the Home and Welfare Ministry with a promise to accord the statutory status soon.5 This Resolution not only explains the functions of the Minorities Commission, but also the need to establish such a commission. Thus it says, “Despite the safeguards provided in the constitution and the laws in force, there persists amongst the minorities a feeling of inequality and discrimination. In order to preserve secular traditions and to promote national integration, the Government of India attaches the highest importance to the enforcement of the safeguards provided for the minorities and is of the firm view that effective institutional arrangements are urgently required for the effective enforcement and implementation of all the safeguards provided for the minorities in the constitution, in central and state laws, and in government policies and administrative schemes enunciated from time to time”6 Thus the first Minorities Commission was established by a resolution of the Government of India to safeguard the interest of minorities based on religion or language. The Commission was to consist of a Chairman and two members, whose term of office would not ordinarily exceed three years. The Officer appointed as special officer for linguistic minorities in terms of Article 350(B) of the constitution would function as the secretary of the commission. The Head Quarter was located at New Delhi. The Commission was allowed to devise its own procedure in the discharge of its functions. All the ministries and departments of the Government of India would furnish such information and documents and provide such assistance as may be required by the Commission from time to time. It was expected that the State government and union territories administration, and other concerned parties, would extend their fullest cooperation and assistance to the Commission. The Commission would submit an annual report to the president detailing its activities and recommendations. This would however not preclude the commission from submitting reports to the government at any time they consider necessary on matters within their scope of work. The annual report, together with a memorandum outlining the action taken on the recommendations and explaining the reason for non-acceptance of recommendations if any, in so far as it relates to the central government, will be laid before each house of the parliament.

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Thus the resolution clearly speaks about the purpose of establishing the Commission, its functions, location, tenure, structure, and also the responsibilities of the government of presenting its report before each house of the parliament, along with the action-taken reports on the recommendations, if any, in so far as it relates to the central government.7

Justification However, the establishment of the Minorities’ Commission was not free from controversies and opposition. Its creation itself was considered as an aberration and guilt by the opposition. Participating in the debate on ‘National Commission for Minorities Bill’, which meant conferring statutory status to the Commission, the then Opposition leader in the Lok Sabha, L.K. Advani said, “I hold myself guilty for having been party to the creation of the Minorities Commission, even though on an administrative level without any statutory back up. I was in the Government. When that Government did this, we pointed out that the manifesto of the Janata Party did not commit itself to a Minorities Commission. The manifesto of the Janata Party issued in 1977 spoke about a Civil Rights Commission, but not about a Minorities Commission. That became an aberration, a distortion about which within the Government we said what we wanted to say. But as part of the Government I hold myself guilty for that also. I would not absolve myself of that guilt.”8 Further terming the Bill as a tool of appeasement of Muslims the Opposition leader said, “This kind of Bill is addressed in name, of course, to the Christians, to the Parsis, to the Sikhs, etc, but actually it is addressed only to one section… I can only warn you. Your earlier Congress Government made a historical blunder when you succumbed to the fundamentalist lobby on the issue of Shah Bano in 1985…. You are going to commit a similar kind of monumental and historical blunder by passing the Bill.”9 While many believed that Minorities’ Commission to be a necessary arrangement in a secular polity to ensure the rightful place for minorities, others looked at it as another act of appeasement of minorities.The establishment of the National Human Rights Commission also raised questioning of the relevance of a separate commission for protection of rights of minorities. For many years it was believed that the rights of the minorities given in the constitution are the best guarantee of their interest, and the judicial institutions can protect any violation of these rights as it is their duty to safeguard the constitution. It is argued that “not through Minorities

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Commission, but by making use of the existing law enforcing agencies can the minorities protect their interest. By setting up a commission to look after the interest of the minorities the Janata government put minorities outside the body of politics,”10 However the establishment of independent machinery for protecting the safeguard of the minority was also part and parcel of the constitutional development. It was removed from the scheme of minority rights along with provisions for reservations in the legislature and jobs, even though there was no opposition to this provision as such. In fact there was no separate discussion on this provision. Moreover, the establishment of the Minorities Commission is not just for the purpose of protection against violation of minority rights. But it also has a positive mandate that it is expected to evaluate the various safeguards provided in the constitution for minorities and suggests appropriate legal and welfare measure in respect of any minority. Thus the existence of legal remedies for the problem of minorities cannot provide an alibi against the Minorities’ Commission, as it not only looks after the negative aspects of providing remedies in violations of the minorities’ rights, but also provides positive solutions for their overall development. Thus while the courts can come to the rescue of the minorities when they are approached, the Minorities’ Commission has the mandate to enquire into their problems on its own. Another view is that, since India is a secular state, there cannot be a separate commission for the minorities on the basis of religion. The Backward Class Commission, which is provided under Article 340, should serve the purpose of safeguarding the interests of the socially, educationally and economically backward classes, irrespective of their religious affiliations. Thus Bharadwaja, in his article argues, “since the constitution had thoughtfully rejected the concept of minority status for economic and political rights, disproved division of the population on the basis of minority and majority, and expressly and firmly registered its decision in several non-discrimination clauses in the constitution, the stipulation of Minority Commission would have been patently discordant with the postulates of equality and unity.”11 Further, he says, “The constitutional concept of backward class transcends the sectarian, linguistic, racial and parochial barriers. Therefore, the Backward Classes Commission as originally contemplated by the constitution should serve well the purpose of safeguarding the interests of socially, educationally and economically backward citizen members of the Muslim or Christian or Sikh or any other sect, including the task of investigating any instance of state discrimination amongst the backward classes on the basis of religion, inter alia. Since the constitution has just

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buried the Hindu, Moghul and British Raj policy of job appointment on the basis of religion there was no point in reviving the ghost via a provision stipulating for a minority commission.”12 The main contention of the critic is that the constitution has rejected the economic and political rights of minorities on the basis of religion and thus disapproved the division of the population on the basis of majority and minority. It is true that the constitution has not provided political and economic rights on the basis of religion, but it does not imply that the constitution has rejected the majority and minority concept as such. In fact the constitution has explicitly recognized the minorities based on religion, language and culture. Hence it has provided freedom of conscience and the rights of religious groups to establish educational and charitable institutions and also provided educational and cultural rights exclusively to the minorities, based on religion and language. Articles 29 and 30 pertain to the minorities based on religion and language, and also the word minority is used. Thus article 29, with the title Cultural and Educational Rights of Minorities, says, ‘any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.’13 Here the word minorities occurs in a marginal note to article 29. Article 30, the word minority is used both in the marginal note as well as in the text. Article 30 thus reads, ‘Rights of minorities to establish and administer educational institutions: - (1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. (2) The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.’14 Thus it is clear that the constitution not only recognised the minorities based on religion and language but also provided cultural and educational rights to them, if not political and economic rights. The other argument is that the Backward Classes Commission serves the purpose of safeguarding the interest of the socially, educationally and economically backward citizens of all communities, including the Muslims, Christians or Sikhs, or any other sect. Hence there is no need for a separate commission for minorities. However the constitution of the Backward Commission does not cover the minority communities in its purview. The criteria for recognition as backward class are not only educational backwardness, but also social backwardness. Economic backwardness is not considered enough for the recognition as backward class. This clause effectively blocks the minority communities from being

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considered for inclusion in the backward classes, as they are not considered socially backward. To be considered as socially backward, the community should be suffering from social discrimination, like untouchability or any other social stigma attached to it. Thus the Backward Classes Commission is primarily concerned with the less privileged castes of the majority community. This is clearly evident from the list of the communities and classes included in the Backward Classes by the Commission. It is also not appropriate to presume that the Minorities Commission exists only to protect the interest of the minorities in the services. Its main function is to protect the constitutional rights of the minorities and also suggest measures for their overall integration in the process of development in all fields. Another important argument against the constitution of Minorities Commission is that it is a stumbling block to the unity and equality of the country. It is expressed in the speech of the leader of the opposition in the Lok Sabha L.K.Advani. Participating in the debate on giving statutory status to the commission, he said “And it is precisely this feeling of Hum Ek Hain (we are one) which the Minorities Commission does not underline because it was set up to solve the problems of the minorities alone.” He further says “the result is that the minorities have now stopped thinking of themselves as Indian first.”15 Ironically, the Minority Commission itself in its Fourth Annual Report echoes similar feelings and suggests the setting up of a National Integration-cum-Human Rights Commission, with Minorities Commission as its sub-commission to promote National Integration and also to justify the expenses incurred by it. The Report says, “If the objects of the machinery are to be as comprehensive as they will appear to be from the terms of reference of the Minorities Commission, it would certainly be better to provide first for a National Integration-cum-Human Rights Commission with various sub-commissions, one in charge of the problems of minorities, another in charge of the problems of Scheduled Caste and Scheduled Tribes, and a third looking after the redressal of grievances of all citizens on the strength of their human rights and then to think of a comprehensive and suitable administrative set-up for such a Commission. The best way of achieving the purposes mentioned above would be by means of a constitutional amendment providing for the coordinated machinery suggested above at the state level as well as central levels. The central body could, so far as redressing individual grievances are concerned, act as a final appellate authority.

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It is for this amongst other reasons that the Minorities Commission has suggested a comprehensive National Integration–cum-Human Rights Commission with separate sections of sub-commissions, all serving the constitutional purpose of National Integration. Such a Commission could have a very elaborate set-up to justify the expenses incurred on it. At present it may be doubtful whether the expenses incurred by the Government on the several bodies set up to promote national integration and secular traditions and to remove the grievances of the minorities as well as of Scheduled Castes and Scheduled Tribes are justified by the results produced by these bodies. Moreover a good deal of duplication of similar work, and consequently, a good deal of expenses on administration could be saved by such a consolidated commission.”16 Further, the Commission says, “If the Minorities Commission were to become a part and parcel of a National Integration-cum-Human Rights Commission with a broad based national purpose, common to all the political parties, no party would probably look upon into either as a competitor in the political game of posing as protector of minorities or as an organisation expected to take up partisan causes or attitudes only”17 In its recommendations the Commissions also says “The setting up of such a commission could avoid competition between political parties in attempts to explore or champion causes of minorities, whether reasonable or unreasonable for catching their votes. Such competition certainly tends to increase divisiveness in the nation rather than promote national integration”.18 The Report put emphasis on this, and says further, “The objective will become absolutely clear and well defined if the proposed National Integration-cum- Human Rights Commission is established in place of the various bodies now functioning to sub serve this purpose. In addition there will be saving of administrative expenses involved in running several central commissions or bodies with similar purposes. There could be complete coordination and demarcation of functions between the central and state commissions or bodies serving the same objectives. In this way the minorities commission or other bodies serving a similar objective will not appear to anyone as they seem to do to some people – a means of obtaining special privileges instead of providing a mechanism for redressing socio-economic and political imbalances operating against the weaker and the discriminated against to whatever class, caste, community, or region they may belong”.19 Thus it is evident from the above extract from the annual report of the commission that the Minorities Commission itself feels that the existence of the commission only for the rights of the minorities may lead to the

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feeling that it is a means of obtaining special privileges for certain groups. This may cause problems for national integration instead of promoting it. It also expressed doubt over whether the activities of the commission justify the expenditure it incurs. Thus a big question mark on the existence of an independent commission for minorities’ rights is raised by the commission itself. It tries to justify its existence as part of a bigger commission, that is, Commission for National Integration and Human Rights. The commission looks at the rights of the minorities as part and parcel of overall human rights. It also expresses its fear that the Minorities Commission may be perceived as a competitor in the political game of posing as a protector of minorities or as an organisation expected to take up partisan causes or attitudes only. The constitution of Minorities Commission has been considered as a tool for gaining political mileage by certain political parties. The President of the Bharatiya Janata Party subscribes to this view. He says that “the Commission at this time is being turned into a vote catching device by interested parties, and we will oppose it being accorded statutory status.”20 Hence the constitution of the Commission and giving statutory status to it have been viewed as acts of appeasing a certain group of voters. While it is a fact that political parties tend to get political mileage from these types of issues which are concerned with a particular group of people and project themselves as the protectors of their interest, it cannot be established that the constitution of Minorities Commission is discordant with the postulates of equality and unity. In fact, the existence of the Minorities Commission will contribute to equality and unity among the fellow countrymen, as it is meant for bringing out any unequal treatment meted out to the minorities and suggests corrective measures that will reduce mistrust among the majority and minority. It is also to suggest various measures for the development of the minorities along with other classes in the society. The efforts of the commission, to help the government in ameliorating the problems of the minorities, only help in promoting equality and unity in the country as it will build confidence and bridge the gap between the majority and minority, and provide opportunities to them to fully participate in the process of national building. Thus the Minorities Commissions is not contradictory, but complimentary, to the equality and unity of the country. The suggestion for the establishment of a Human Rights Commission goes a long way in protecting the civil rights of the people, but sacrificing the independent status of Minorities Commission and making it a subcommission will deprive the minorities from seeking redressal for their

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specific grievances. The existence of a separate Commission for Minorities is not antagonistic to national Integration. In fact it is complimentary to the cause of national Integration. The Commission’s mandate does not permit it to take the side of the minorities, right or wrong, but it works for correcting the wrongs done to these groups, if any. The full participation of minorities in the national building process can be achieved only by ensuring that they utilise their rights to the optimum level, and do not suffer from the feeling that they are being discriminated against. The Minorities Commission acts as protector and facilitator in as far as minorities’ rights and their development is concerned. The feeling of having a separate independent commission to hear their grievances itself reassures them of their rightful place in a secular state. In the absence of any machinery for the redressal of their grievances, the problems of the minorities both real and unreal are aggravated and nurture a feeling of alienation, which may cause unrest in the long run in the society which throws up major challenges to national integration. Hence the existence of the Minorities Commission acts as a safety valve that neutralises the frustration and disappointment of the minorities regarding their rights. The Minorities Commission does not just exist for demanding special privileges. In fact its important function is to review the implementation of the safeguards guaranteed by the constitution to these groups. In this sense it is not just working for the minorities, but also acts as the custodian of the provisions of the constitution itself. It deals with problems of minorities within the constitutional framework and helps in keeping the aspirations of the minorities within the gambit of the constitution. The Commission is also required to suggest various measures for the development of minorities on a par with other groups in socio-economic and educational spheres. This leads to social harmony and better intercommunity relations in the society, as the major cause of tension in any given society is persisting inequalities in various forms. In this sense the constitution of the Commission is meant for promoting social harmony and national integration in the society. The Minorities Commission, in its 12th annual report, reiterated its resolve to strengthen the Commission as independent machinery for the minorities and corrected the stand it took earlier, in asking for a subordinate position for the Commission under the National Integration and Human Rights Commission. The Commission in its meeting held in May 1989, observes, “The Commission once again considered all aspects of the matter and after reviewing its earlier decisions came to the conclusion that the Minorities Commission serves a very useful purpose and so it should be continued. The main purpose of the commission is to

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promote national integration which is mentioned in the resolution, while setting up the commission. The commission, therefore, resolved to withdraw its earlier recommendation made by the commission in the fourth and fifth annual reports about the setting up of a National Integration-cum-Human Rights Commission and to reaffirm the continuance of the Minorities Commission as an important independent organisation for the welfare of the religious minorities.”21 There is a kind of ambiguity in the Commission itself over the role and utility of the Commission. The suggestion for establishing the National Integration and Human rights Commission with Minorities Commission as a sub-commission shows the apologetic approach of the Commission. It feels that the commission for minorities may lead to divisive feelings among the countrymen and it may be looked upon as a tool in the hands of competing political parties for winning over the minorities. However, in the later report, the Commission ascertained its positive role in the national integration and reaffirmed its faith in the efficacy and utility of the Commission in serving its set goals and reiterated the continuance of the Minorities Commission as an important independent organisation for the welfare of the religious minorities. The existence of the Minorities Commission is not a peculiar feature of India, neither it is a tool invented by the Indian political system for the appeasement of minorities. In fact Minorities Commissions are present in many countries of the world. They are working not only in democratic and secular political systems but also in countries with weak traditions of democratic political system. Apart from the Race Relations Commission in Britain and Canada, in many other countries the commissions exist with different nomenclatures for the protection of the rights of the minorities. Thus the Race Relations Act of Great Britain and Canada and the Race Relations Commissions, intervene effectively both in the case of individuals and racial groups whenever any discrimination on the basis of religion, race, sex or place of origin or birth is practiced by government or even a private agency.22 In Pakistan, which is not a secular country as it declared itself to be an Islamic Republic, the Government has set up a high powered National Commission of Minorities apart from a Federal Advisory Council of Minorities having representatives from all the groups of minorities.23 Hence most of modern states who are dealing with minorities have established Minorities Commissions in one form or another, with varied degrees of autonomy and status. However, the success of the Minorities Commission in ameliorating the problems of the minorities and helping them join in the mainstream would make it a more relevant body in plural societies. This in turn

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depends on the powers assigned to it and the atmosphere in which it performs its functions. The next chapter deals with the composition and performance of the National Commission for Minorities in India.

Notes 1

Dr Rajendra Prasad, India Divided, New Delhi, Anmol Publications, 1986, p.381. Ibid, p.381. 3 Iqbal, A. Ansari, Readings on Minorities, Introduction, Vol. 1, New Delhi, IOS,1996, p. XXVI. 4 Dr. Tahir Mahmood, Minorities Commission: Minor Role in Major Affairs, New Delhi, Pharos, 2001, p. 20. 5 The Government of India, Resolution No. 11-16012/2/77 NID(D) dated 12th January, 1978, cited in First Annual Report of the Minorities Commission, Annexure I, New Delhi, 1983-84, pp. 15-16 6 Ibid., Pp. 15-16. 7 Ibid., Pp. 14-16. 8 Lok Sabha Debates, Vol.XII, No. 47, pp90-91, cf., Tahir Mahmood, op cit., p. 37. 9 Ibid., Pp98 and 107, cf., Tahir Mahmood, op cit., p. 38. 10 Hamdi Bey “Abolish the Minorities Commission”, International Herald Tribunal, Paris, 31st May, 1984. 11 V.P.Bharadwaja, “Minorities Commission; Constitutional Metamorphosis”, The Indian Journal of Legal Studies, Vol. III, Pp.1-8. 12 Ibid., p.1-8. 13 P.M. Bakshi, The Constitution of India, New Delhi, Universal Law Publishing C. Pvt. Ltd., Pp 51-52. 14 Ibid., p. 52. 15 Kedarnath Pandey, “Minorities Panel in Political Vortex”, News Time, Hyderabad, 20th September, 1991. 16 Fourth Annual Report, Minorities Commission, New Delhi, 82, Pp.72-73. 17 Ibid., p. 75. 18 Ibid., p. 93 19 Ibid., p. 93 20 Pandey, Kedarnath, op cit., p. 13. 21 Twelfth Annual Report, Minorities Commission, New Delhi, 1991, p.4 22 Dr. Gopal Singh Report on Minorities, High Power Panel on Minorities, SCs, STs and other Weaker Sections, New Delhi, Vol. I, Ch. X, p. 109. 23 Jai Jai Veshno Mange Ram, quote, from Internet, DPI Press Release, March 31, 1998. 2

CHAPTER FOUR NATIONAL COMMISSION FOR MINORITIES AT WORK

The Minorities Commission was constituted under the government of India resolution on 12th January 1978 with a Chairman and two members.1 The term of office was three years. The government has introduced in parliament the Constitution forty sixth amendment bill, 1978, whereby the office of special Officer for Linguistic Minorities shall be abolished under article 338-A. However this amendment was not passed. After fourteen years, the Minorities Commission was accorded statutory status in the year 1992 and again it was amended in 1995 to make provision for the post of Vice-Chairman of the Commission vide the National Commission for Minorities (Amendment) Act 1995.2 It provided for a Chairman, a ViceChairman and five members to be nominated by the Central Government from among the persons of eminence, ability and integrity drawn from the minority communities. The Government of India has attached great importance to the establishment of the Minorities Commission, not only for safeguarding the interest of the minority communities, but also for the effective monitoring of various programmes of the government introduced for their development. This is evident from the words of the Resolution which says, “the government of India attaches highest importance to the enforcement of the safeguards provided for the minorities and is of the firm view that effective institutional arrangements are urgently required for the effective enforcement and implementation of all the safeguards provided for the minorities in the Constitution, in central and state laws, and in government policies and administrative schemes enunciated from time to time”.3 Thus it is clear that the Commission has been established for monitoring the safeguards provided for the minorities and also for their effective implementation and enforcement. To understand how this daunting task is carried out by the Minorities Commission it is necessary to study the structure, functions and performance of the Minorities Commission with reference to Muslims.

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Structure of the Commission At the time of its inception the Commission had a Chairman and two members, as enunciated in the Resolution that setup the Commission. It says, “The Minorities Commission shall consist of a chairman and two other members whose term of office would not ordinarily exceed three years. The officer appointed as Special Officer in terms of Article 350-B of the Constitution will function as the secretary of the Commission.”4 In the year 1988, the Linguistic Minorities were removed from its jurisdiction and the Special Officer for Linguistic Minorities who was a Constitutional functionary was no more associated with it.5 Fourteen years after the inception of the commission, The Parliament enacted the National Commission for Minorities Act, 1992, changing the name of the Commission to ‘National Commission for Minorities’ (NCM) and giving it a statutory status.6

Appointment of Chairperson and Members The 1992 Act provided for a Commission with six members and a Chairman. Nearly three years later, Act XLI of 1995 amended the National Commission for Minorities Act 1992 to create the position of ViceChairman. The Act says, “The central government shall constitute a body to be known as the National Commission for Minorities to exercise the powers conferred on and to perform the functions assigned to it under this Act. The Commission shall consist of a Chairperson, a Vice Chairman and five members to be nominated by the central government from amongst persons of eminence, ability and integrity provided that five members including the chairman shall be from amongst the minority communities. The term of office is three years for the Chairman and for every member.”7 It is clear from the above that the Chairperson and members are the Central Government appointees which may lead to the appointment of persons with political affiliations and effect its independent functioning. In contrast, the Chairperson and members of the National Human Rights Commission, which was established a year later, are appointed by a special procedure to ensure its independence. According to this Act, the Chairman and members of the National Human Rights Commission shall be appointed by the president by warrant under his hand and seal; provided that every appointment under this sub-section shall be made after obtaining the recommendations of a committee under the chairmanship of the Prime Minister, and consisting of Speaker of Lok Sabha, Deputy Chairman of Rajya Sabha, Leaders of Opposition in both the Houses of

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Parliament and the Minister in charge of Home affairs in the government of India, as its members.8 Thus in the appointment of the Chairman of the National Human Rights Commission a special arrangement has been made so that it can function impartially and independently. The opposition is also associated in the selection procedure, which will not only enhance the independent character of the Commission, but also increases its credibility. The same has not been observed in the case of NCM, which may affect the independent working of the Commission.9 Because of this lacuna, there is a possibility of the establishment selecting the members of their choice, who may not be as independent as it required in discharging their duties.

Qualifications and Removal of Members Regarding the qualifications of the members, the NCM Act merely states that the Chairperson and members shall be appointed from amongst persons of eminence, ability and integrity, and five out of six members should belong to a minority community. No special qualifications or knowledge of minorities’ affairs are required. The other national commissions, like the National Human Rights Commission and National Commission for Backward Classes, prescribe specific qualifications. For instance, the NHRC Act prescribes that the NHRC shall consist of a Chairperson who has been a Chief Justice of the Supreme Court; one member who is or has been, a judge of the Supreme Court; one member, who is, or has been the Chief Justice of a high Court; two members to be appointed from amongst persons having knowledge of, or practical experience, in matters relating to human rights.10 The National Commission for Backward Classes consists of a Chairperson, who is or has been a judge of the Supreme Court or of a High Court; a social scientist; two persons who have special knowledge in matters relating to backward classes; and a member secretary who is or has been an officer of the Central Government in the rank of a secretary to the government of India.11 Similarly, the Chairperson and members should also have practical experience and special knowledge in matters concerning backward classes. The NCM Act however neither prescribes any qualifications nor requires any special knowledge in matters concerning minorities for appointment of members and chairperson. As a result, according to Tahir Mahmood, “all sorts of persons, most of them having no knowledge of even the basic law on minorities, and quite often disgruntled politicians, are appointed to the Minorities Commission. It is generally done to accord

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political favour to individuals seeking post-retirement settlement or just a comfortable placement in Delhi, rather than as an exercise in the interest of the Minorities.”12 The central government is empowered to remove a person from the office of chairperson or a member of NCM, if that person (a) becomes an undischarged insolvent; (b) is convicted and sentenced to imprisonment for an offence which in the opinion of the central government, involves moral turpitude; (c) becomes of unsound mind and stands so declared by a competent court; (d) refuses to act or becomes incapable of acting; (e) is without obtaining leave of absence from the commission absent from three consecutive meetings of the commission; or (f) has, in the opinion of the central government so abused the position of chairperson or member as to render that person’s contribution in office detrimental to the interest of minorities or the public interest. Thus it is clear that the central government has full control over appointment and removal of the Chairman and members of the NCM from the office.13 The Act of NHRC also prescribes a special procedure for the removal of the Chairperson and members of the Commission. The act says that the Chairperson shall only be removed from his office by order of the President on the ground of proved misbehaviour or incapacity after the Supreme Court, on reference being made to it by the President, has on inquiry held in accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or such other Member, as the case may be, ought on any such ground to be removed.14 Further, the NHRC Act fixes the superannuation age at 70 years, and it also debars members and Chairperson from holding public office after retirement. The Act says, “On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the government of a State or under the Government of India.”15 These provisions ensure the independence and integrity of the NHRC. There are no such arrangements in the NCM act.

Terms and Conditions of Service Under the NCM Act, the Chairperson and every member shall hold office for a period of three years. Regarding the conditions of service, the Act says, “The salaries and allowances payable to, and the other terms and conditions of service of the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.”16 In this regard, the NHRC Act, to guard the independence of the Commission, provides protection of salary and service conditions of the members and

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the Chairperson. The Act mentions that neither the salary and allowances nor the other terms and conditions of service of a Member shall be varied to his disadvantage after his appointment.17

State Level Commissions The NCM Act does not mention the State level Minorities Commissions. However, in many states, Minorities Commissions were set up and in some states Minorities boards are working.18 In the absence of relevant provisions for the institutional arrangement at state level, there is no similarity in the state Minorities Commissions’ Acts, and no resemblance in their functions. In this regard the NHRC Act not only provides for the state level Human Rights Commissions but also deals elaborately with the constitution and functions of the state level Human Rights Commissions.19

Jurisdiction and Functions The NCM considers Muslims, Christians, Sikhs, Buddhists and Parsees as minorities.20 However there are certain National level Minorities, like Jains, and State level minorities, like Hindus in Jammu and Kashmir, Punjab, Meghalaya, Nagaland, Mizoram and Lakshadweep, who are not covered under the jurisdiction of the NCM. The NCM has in fact recommended minority status for Hindus in above mentioned five states and a union territory. The commission’s jurisdiction does not extend to the state of Jammu and Kashmir.21 The Minorities Commission, which proceeded the present NCM, was established with an explicit purpose of protecting the constitutional safeguards, monitoring the progress of minorities, and also suggesting measures for their development to be under taken by the central or state governments. It was also ‘to serve as a National Clearing House for Information in respect of the conditions of the Minorities.’22 The NCM Act of 1992 also contained more or less the same functions except that it deleted the clause which required it to function as the National Clearing House and added the issues relating to ‘socio-economic and educational development of minorities’ to the clause, which required conducting studies, research and analysis. The functions of the Commission are to; 1. Evaluate the progress of the development of minorities under the Union and the States, 2. Monitor the working of safeguards provided in the Constitution and in laws enacted by Parliament and the state legislatures,

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3. Make recommendations for the effective implementation of safeguards for the protection of the interest of minorities by the central government or the state governments, 4. Look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities, 5. Cause studies to be undertaken into the problems arising out of any discrimination against minorities and recommend measures for their removal, 6. Conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities, 7. Suggest appropriate measures in respect of any minority to be undertaken by the central government or the state governments. 8. Make periodical or special reports to the central government on any matter pertaining to minorities, and in particular, difficulties confronted by them, and, 9. Any other matter which may be referred to it by the central government.23 The Commission has been given the powers of a civil court trying a suit, while performing functions particularly in respect of the following matters: a. summoning and enforcing the attendance of any person from any part of India and examining him on oath; b. requiring the discovery and production of any document; c. receiving evidence on affidavits; d. requisitioning any public record or copy thereof from any court or office, e. issuing commissions for the examination of witnesses and documents; and f. any other matter which may be prescribed. Thus the long pending demand of the Commission to accord it statutory status, and the powers of the Commission of enquiry which were repeated in every annual report of the Commission, were fulfilled as it is now equipped with the powers of civil court in performing its functions. However the Commission has not yet given constitutional status. The 103rd Constitutional Amendment Bill for according constitutional status to the Commission is pending in the Parliament.

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Performance of the Commission The performance of the Commission has been studied during the period from 1978 - 1998. During this period the Commission worked under the Government mandate from 1978 to 1992, and, after getting statutory status, under the Parliamentary mandate from 1992. The various activities and functions of the Commission carried out during this period have been studied under the following heads; 1. Evaluating and monitoring the progress of minorities. 2. Protecting the safeguards for minorities; 3. Acting as Grievance Cell; 4. Conducting studies and research on the development of Minorities; 5. Suggesting measures for the development of minorities; 6. Acting as the clearance cell of all minorities matters;

I. Evaluation of Progress of Minorities The most important and primary function of the NCM is to evaluate the progress of the development of minorities under the Centre and State governments. The governments both at the central and state levels have undertaken a number of programs for the welfare of the minorities. Apart from these, there are also various programs that are target-oriented, like poverty alleviation programs and literacy programs which are meant for the development of the underprivileged section of society, including minorities. The NCM has the power to evaluate various schemes implemented for the development of the minorities. For this purpose the Commission can call for information from the central government as well as state governments. The Chairman and members and other officials conduct meetings with officials of various departments of central government and also visit the states to ascertain the problems of the minorities, to discuss them with the authorities of the state governments, and also make suggestions for improvements in the policy and the proper implementation of the schemes. The Commission summons government officials and also asks them to submit periodical reports from the state and central governments on the implementation of various schemes for the progress of minorities. The review of the functions of the NCM during the period understudy shows that the NCM is consistently pursuing the policies of the government regarding the welfare of the minorities and is making valuable

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a contribution by way of their proper evaluation at the implementation level and also suggesting measures for their effective implementation.

Evaluating the progress on 15 Point Program The Commission has been making a detailed assessment of the implementation of the 15 point program for minorities started by Prime Minister Indira Gandhi for the welfare of the minorities, which are laid down in a letter dated 11th May 1983 to the States and Union territories with a view to curbing communalism and to improve the socio-economic conditions of the minorities. This 15 point programme, dealt with in detail in the previous chapter, covers all aspects related to minorities’ development, like security, employment, education and the protection of wakf properties. The NCM considers this programme to be the bench mark for the development of minorities and continuously monitors the programme, requesting quarterly reports from the states and Union Territories. The Commission reviews the various points in the quarterly reports on the implementation of the 15point programme and requests the concerned states to take appropriate steps to address the grievances in different cases and to prepare a time bond programme for implementation of this programme.24 The Commission also prescribes a format in which the states and Union Territories should send the quarterly reports for collecting systematic information on the implementation of the programme.25 The Commission reviews the implementation of the 15 point programme for the welfare of the minorities in the states, and collects quarterly progress reports from them on the following points: 1. Recruitment of minorities in police force and state services; 2. Controlling the communal riots; 3. Starting of coaching classes in minorities’ educational institutions and establishing I.T.I’s and Polytechnics in minority areas; 4. Benefits under the 20 point programme and other welfare schemes for the minorities; 5. Redressal of grievances relating to encroachment on wakf properties; 6. Setting up of grievance redressal cells and minority cell in the states; 7. Review of the progress by the C.M., Chief Secretary and district level officials;

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8. Regarding recruitment: Number of selection committees making recruitment in state Public Sector Undertakings and meetings held having minority representation; 9. Education: Setting up of coaching classes organised with the help of U.G.C; 10. Progress of Action for educationally backward minorities under National Policy of Education, 1986; 11. Economic Development: Orientation courses on awareness of bank schemes, credit camps and pre-recruitment training programmes; 12. Promotion of Handicrafts; 13. Banks loans; 14. Educated self employment scheme; 15. Training courses on the 15 point programme held for government officials; 16. Details on research projects undertaken and completed; 17. Details of voluntary organisation working among minority groups; 18. Details of grievances outstanding for more than 6 months; 19. Study of the implementation of the 15 point programme by visiting various states; 20. Sharing the information with the Ministry of Welfare. 26 The Commission evaluates the progress of the welfare programmes of minorities on a regular basis and also collects information from the states on all matters covering the minorities. It also conducts meetings with the state officials to review the minorities’ welfare. It suggests various measures and proposes different models which are adopted in different states for the welfare of minorities. It shares the information collected from the states with the Ministry of Welfare and also makes its recommendations for improvement. It brings out the shortfalls in implementation and suggests remedial measures.

II. Monitoring the Working of the Safeguards The Constitution of India has provided many safeguards to the minorities. One of the functions of the NCM listed in its objectives is protecting these safeguards and also monitoring their working. The Constitution of India has provided certain fundamental rights to all the citizens of India, irrespective of their religion or language or any other distinctive feature. There are also certain fundamental rights which have been given specifically for the minorities, both religious and linguistic. The relevant articles regarding the protection of minorities’ rights are discussed in the previous chapter.

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The National Commission for Minorities is bestowed with the responsibility of safeguarding the rights of the minorities that are given in the Constitution. The study of the functioning of the Commission from 1978 to 1998 in this regard reveals the following facts.

Communal Problem In India, the Constitution has provided freedom of religion to all its citizens and they were given the right to profess, practice and propagate the religion of their choice. Being a multi-religious nation, India has rightly adopted a secular polity. The country’s integration and progress depends upon how successfully this secular policy is pursued. In this regard, the NCM has a major role to play in bringing the communities together and reducing the distance between them. Hence it accorded utmost importance to the challenge of communalism. The Commission has been receiving a number of representations from the individuals and associations regarding the problems faced by them due to communal disturbances from the minority communities. The Commission sends fact finding committees to the affected areas, and on the basis of their reports, recommends proper measures for containing the recurrence of communal riots. It also makes recommendations for the rehabilitation and compensation to the victims of communal riots. The Commission has provoked a meaningful and serious debate on the question of security of minorities. Its recommendations have led to the adoption of measures for the compensation and rehabilitation of the victims of communal riots and brought about significant improvement in the administrative measures to prevent and pre-empt the recurrence of communal tensions. Apart from this, the commission sends its teams to areas affected by communal riots for on the spot study, and submits reports to the concerned state governments as well as central government. Thus to control the recurrence of communal riots the commission made the following suggestions: 1. Licences for arms should be given to those persons who have no communal bias. 2. Frequent drives should be made by the District Authority to detect illegal possession of fire arms. 3. To ban the manufacture and sale of all types of crackers which on explosion produce sound resembling gunfire or bomb blast. 4. The government should curb the growth of senas, as they are militant organizations. 5. The number of licenses issued should be at the barest minimum.

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6. Places of worship should not be used for political purpose. 7. To instil in the minds of minorities a feeling of confidence and of equal participation. 8. Individuals preaching and fanning communalism should be severely dealt with and punished under the Indian Penal Code. 9. The police should keep an eye on all bad characters and thereby assure and provide security to the residents. 10. The press should be persuaded to observe self restraint in matters of reporting on communal incidents. 11. Citizens who exhibit courage in protecting members of opposite communities at the risk of their lives should be honoured publicly. 12. The riot victims should be generously compensated by the government. 13. Peace Committees should be set-up in areas where there is a record of communal trouble. 14. There should not be any delay in prosecuting those involved in communal incidents. 15. The district and local administration should play an active role in solving disputes between communities by involving peace committee members. 16. Better sanitary and living conditions together with environmental improvement will induce harmony and goodwill among the residents.27 The second conference of the chairmen and members of the Central and State Minorities Commissions and Boards held at New Delhi in 1986 unanimously agreed, regarding the Babri Masjid–Ramjanamabhoomi controversy, that the best course for the authorities concerned to adopt was to declare such sites as the property of the central government and entrust it to its Archaeology Department, to take possession of these after such declaration, and make such of these sites as national interest demand. The aggrieved parties should be duly compensated by offering them alternative land and funds for creation of similar new places of worship as a substitute. The Commission asked the Central Government to initiate necessary legislation to give effect to the above resolution.28 The Commission also studied the implications of the conversions of Harijans to Islam in Meenakshipuram, Tirunalveli district of Tamil Nadu. The Commission felt that religious freedom does not rule out conversion from one religion to another. However, offering worldly advantages for conversion may lead to lawlessness and disorder.29 The Commission undertook to prepare a detailed report on the personal laws of the minorities so that the objections to the common civil code

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could be appreciated and a way out found. The Commission holds the view that the minorities have the right to be taken into consideration before their personnel laws are amended. The Commission felt that there was no need for alteration in the Shariat Act, 1937, nor the deletion of article 44 of the Constitution.30 The Constitution specifically mentions the rights of the minorities to protect their culture, language and script under article 29 of the fundamental rights.31 Urdu is the mother tongue of most of the Muslims in India. In some parts of Tamil Nadu, Kerala and West Bengal, however, the Muslims speak the regional languages, Tamil, Malayalam and Bengali respectively. The NCM also protects the linguistic interests of the minorities and has made recommendations in this regard.

Linguistic Rights of Minorities The Commission received a number of representations regarding linguistic problems, such as a lack of Urdu medium schools, appointment of Urdu teachers, and text books in Urdu, and make suitable recommendations for their redressal to the centre and state governments. For instance, the Commission recommended the creation of the post of Urdu Officer in Delhi.32 It also studied the problems of linguistic minorities of Tamil Nadu and asked the state Government to consider the grievances of linguistic minorities regarding the compulsory knowledge of Tamil even to the teachers of minority languages, and setting up of question papers in the language other than the subject studied. It also takes note of the problem of linguistic minorities, such as non-availability of text books in Urdu and discouraging students from opting for minority language, etc.33

Educational Rights of Minorities The Constitution has conferred upon the minorities the right to establish and administer the educational institution of their choice.34 Thus the Minorities Commission is also concerned with the educational development of minorities and also safeguarding the educational and cultural rights of minorities. On this account it receives a number of representations from individuals, educational institutions and associations. Most of the representations are regarding the recognition of the minority educational institutions. In this regard, the Minorities Commission recommended the central government to issue uniform guidelines on the recognition of the minority educational institutions.35

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The Commission, in its reports, observed that the capitation fee for admissions should be condemned and admissions should be made on the basis of merit or reservations. The Commission also suggested that universities should be encouraged to start coaching classes for the competitive examinations as part of the 15-point programme, open specific trades in ITIs in minorities areas, provide representation of minorities in syllabi committees at school and college level, and provide grants to madrasas to run them on modern lines.36 The NCM has also been approached by the Union Ministry of Education and state government of UP to lay down the criteria for recognition of the minority institutions. The Commission framed the guidelines for determination of minority status, recognition, and related matters in respect of minority educational institutions under the Constitution of India. In these guidelines the Commission has notionally laid down the criteria for recognition of the minority educational institutions and also spelled out the limits of reasonable restrictions on the exercise of rights conferred by Article 30. The NCM has also setup the Minority Educational Cell to attend to the problems relating to the Constitutional rights of the minorities to establish and administer educational institutions of their choice, seeking their recognition and securing grants-in-aid. This Cell will work as a unit of the Commission’s Grievances and Research Division.37 Apart from these major issues, the commission also undertook representations from various individuals and organisations on issues of violation of their rights, such as discrimination in appointments and promotions; maltreatment on the basis of religion; discrimination in allotting government schemes, lands and loans; allocation of funds to Urdu schools; discrimination in allotment of land, and appointment of teachers; demolition of mosques, dargas and graveyards; and desecration of religious places. Some of the cases presented to the Commission are regarding (1) the alleged discrimination in allotment of place for Ispat Urdu school, (2) representation against maltreatment of Muslims of Sisuali, Kota, Rajasthan, (3) demolition of Muslim graveyard in Nizamuddin Area, Delhi, (4) representation for the place for construction of a mosque, (5) representation for the removal of a distillery from Muslim locality in Silhaser, Saranpur, West Bengal, (6) report on the dispute over Jama masjid at Sidhpur Mehsana, Gujarat, etc., which throw light on the kind of functions the Commission is supposed to carry out.38 Thus the Minorities Commission plays an important role in protecting the safeguards for minorities. It receives a number of representations from the individuals and associations on the violations of rights of minorities

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regarding their life and property, their language, culture and educational institutions. The Commission also takes up the issues in sue-motto concerning major problems, like the communal riots, which affect the minorities. It sends study teams and collects the reports from various sources and suggests to the concerned authorities, that is, the centre and state governments, various measures to redress the grievances of the minorities regarding the safeguards provided to them.

III. Acting as Grievance Cell The NCM Act of 1992 empowers the Commission ‘to look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities.’ Accordingly the National Commission for Minorities acts as a grievance cell and receives the complaints from minorities regarding deprivation of rights and non-implementation of the safeguards, and takes up such matters with the appropriate authorities. The NCM conducts monthly meetings and also special meetings to consider the complaints from individuals as well as associations. The Commission plays an important role as a ventilator for the grievances of the minorities. The complaints are concerned with the safeguarding of their life and property, encroachment on their rights by individuals and the governments. The varied types of complaints that are received by the NCM show how the NCM has emerged as an important agency for the minorities to express their complaints and get redressal. Thus the first annual report of the Commission notes that, “a large number of representations from individuals and organisations are received complaining non-implementation of the safeguards for the protection of the minorities and complaining of discrimination against individual members of the community. The Commission called for the comments of the authorities and made suitable recommendations to the governments concerned.”39 Further, referring to the complaints from the institutions and associations, it records, “the commission is investigating the complaints of minority educational institutions that the government is interfering in the management of these institutions by making appointments.”40 The appraisal of the complaints received by the Commission throws light on the kind of functions it performs. The complaints range from encroachment of their property to denial of holiday on a particular festival of the minorities. The complaints received by the Commission, mainly from the Muslims, are discussed here. Most of the complaints are regarding the encroachment of wakf property and disputes arising out of

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construction of religious places like mosques and graveyards. For instance, the Commission received complaints regarding the dispute over Jama Masjid at Sidhpur, Mehsana, Gujarat, demolition of a Muslim graveyard in Nizamuddin Aulia area, New Delhi.41 The Commission was also approached regarding alleged forcible encroachment on a graveyard at Tohsana by installation of an idol.42 There are also a number of complaints received by the Commission regarding discrimination on the basis of religion in the work place and discrimination in postings and promotions. The Commission mentions the complaint of an individual and suggests to the government of India to take note of the violation of the constitutional provisions by the Bihar College Service Commission denying regular appointment to a person belonging to the Muslim minority as lecturer in Oriental College, Patna.43 The Commission also received a complaint regarding a case of alleged discrimination and injustice meted out to the Director, Orissa State Bureau of Text Book Preparation in regard to his promotion. Similarly, a Muslim Chief Medical Officer, Group Centre Hospital, CRPF, Patna, alleged that he had been harassed on communal grounds by the Inspector General of CRPF, Eastern Sector.44 The Commission also received complaints alleging that DSP and Collector, Kutch District were showing partial attitude against the Muslim community by refusing to issue identity cards to the Muslim voters as per electoral rolls of 1988.45 In these cases the Commission referred the matters to the concerned authorities or to the state and central governments and tried to get the redress. The Commission also received many complaints regarding neglect of the Urdu language. Most of them are with regard to the sanctioning of Urdu schools and appointment of Urdu teachers in the schools. Thus the Commission, in its annual report, mentions certain cases such as the creation of the post of Urdu officer in Delhi; the problems of Urdu medium schools of Delhi; the fact that the number of posts of Urdu teachers in Urdu medium schools are not in accordance with the prevailing pupil teacher ratio, and even the sanctioned Urdu teachers posts are not filled up; alleged discrimination by Durgapur Steel Plant in the allotment of a plot of land to Ispat Urdu School46; and discontinuance of UPSC advertisement to the Urdu daily “Musalman” published from Tamil Nadu.47 The Commission also recorded complaints of the linguistic minorities of Tamil Nadu and suggested that the Tamil Nadu government should consider the grievances of linguistic minorities regarding the compulsory knowledge of Tamil even for the teachers of minority languages and setting up question papers in languages other than that of the subject studied.48

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Apart from the above there are a number issues on which the Commission received complaints: that the employment exchanges do not register names of Muslims and other minority groups; do not sponsor their names for appoitment49; and regarding the declaration of Idul Fitr as a closed holiday in Indian Telephone Industries Ltd unit at Raibarely.50 Thus the NCM has been receiving a number of complaints over the years, from individuals as well as associations, regarding matters covering the minorities which are as varied as the removal of a distillery to the denial of regular appointment in the college. The Commission is acting as a complaint cell for the minorities. It is acting as the safety valve, helping the minorities to ventilate their problems within the constitutional framework and get redressal. It acts as the link between the minorities and the government by forwarding the issues of minorities which require government attention. The Commission not only receives the complaints, but also makes suitable recommendations to the competent authorities for their redressal. It sends the concerned complaints to the central government and state governments for appropriate action. The Commission also sends its teams to study the complaints whenever it is necessary and submits the report to the government. However, it is evident from the complaints received by the Commission that a very few educated individuals and organised groups, such as educational institutions and other associations, are approaching it with their complaints. It can be said that the vast majority of the members of the minority community are still not aware or not able to approach the NCM for the redressal of their complaints, as they are not familiar with its work and rules, or regulation to be followed to reach the Commission. Another reason for the lack of enthusiasm towards the NCM among the minorities is that it has a limited rule in solving their problems. Most of the time the NCM sends these complaints to the concerned authorities and the response is not always positive and quick. The inordinate delay in dealing with the complaints makes the very purpose of approaching the Commission redundant. There is also a lack of awareness among the people about the Commission, its functions, and scope. The media coverage of the Commission’s work is also very poor. The low profile of the Commission also is a major cause for not attracting much attention from the concerned people.

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IV. Conducting Studies and Research The NCM Act requires that it conducts studies, research and analysis on the issues relating to socio-economic and educational development of minorities, and also cause studies to be undertaken into problems arising out of any discrimination against minorities, and to recommend measures for their removal.51 The Commission has identified a large number of issues affecting minority communities to be the subject of study, research and analysis. However the Commission has certain limitations in carrying out its mandate in this respect due to the following reasons; 1. The Commission does not have a nucleus of adequate and qualified personnel. The Commission’s proposals for strengthening its office are pending with the government. 2. The Government order of 17th July 1981, limiting financial powers of the secretary of the Minorities’ Commission to sanction a lump sum payment not exceeding Rs. 10,000 to individual consultants and Rs. 25,000 to institutions for each study. Thus the financial powers of the Commission are so limited that it cannot engage services of competent professional groups to take up these studies. 3. The proposed subjects of study, like socio-economic profile of the minorities, or progress in implementing the 15-point programme for minorities and 20-point programme of the Prime Minister, cannot be taken up by the Commission or even by consultancy firms without the active cooperation and support of the state governments, who alone have access to data at the grass root level.52 To strengthen its research wing, the Commission requested the government to sanction the necessary staff to enable it to create the three cells, the Research, Monitoring and Documentation Cell, the Legal Cell and the Information and Publicity Cell.53 Even though the Commission faces the above limitations in conducting studies, it has devoted its attention to these matters, and a programme of studies and research to be undertaken was chalked out. The Commission identified subjects relating to the issues affecting the safeguards provided to minority communities for in-depth study, such as building up an information base on the demographic profile of minority communities in different states, preparing a questionnaire for eliciting information from the public, and study of court judgements and judicial pronouncements. The Commission also studied specific problems affecting minorities such as; representations in Services, admissions in educational and professional institutions, facilities for Scheduled Caste converts to other

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religions, and information on the implementation of the Commission’s recommendations.54 The analysis of the annual reports of the Commission for the period under study shows that it has conducted a higher number of seminars, symposia and conferences than studies and research to investigate the problem of representation in services and their socio-economic development. It has conducted seminars, symposia and conferences to highlight important issues concerning the minorities, such as national integration, educational advancement of minorities, economic development, and social participation such as the role of minority women. The Commission in its first annual report itself reiterated its commitment to conduct studies on the policies adopted by state governments for giving adequate representation to the minorities in the services.55 The Commission took up with the census department the need to have data with regard to the socio-economic conditions of minorities. The census commission has replied that religious data are cross-classified only with fertility levels. The Commission requested the government of India to issue suitable instructions to the Registrar General of Census that socioeconomic statistical data collected in decennial census be broken up community-wise, so that the demographic distribution of the minorities and their socio-economic status can be ascertained.56 The Commission also requested the government to generate and publish data on all socioeconomic aspects of all communities.57 This will be of great use in formulating the policies for their progress. The Commission records that some studies have been initiated to know in detail the problems of the minorities at the grassroots level. Furthermore, it gives the details of research projects undertaken and completed by the states, such as in Andhra Pradesh Rs. 800,000 were sanctioned for taking up a survey of socio-economic conditions of minorities in the state through an agency of Osmania University in 1988.58 Apart from the many attempts and efforts of the Commission for the study of the problems of the minorities and also efforts to collect data on the socio-economic development of minorities, it also organised and participated in a number of seminars and symposia on issues related to the minorities, which are discussed below. The Commission has conducted a number of seminars and symposia on different topics related to minorities, such as national integration, communal harmony, education of minorities, and their socio economic development. For instance, the Commission organised a convention on National Integration in collaboration with the India Society for Social

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Democracy,59 sponsored a seminar on National Integration along with the Jama Millia Islamia, New Delhi on “Education for Peace” in November 1986, a Conference on National Integration held in November 1986 at Chandigarh, and a symposium on ‘A Perspective on Education’, as a part of the study undertaken by the Minorities Commission on education of minorities in the context of the New Educational Policy in February 1987.60 The Commission took keen and active interest in seminars and symposia and conferences held by organisations engaged in the welfare of the minorities and in promoting the cause of National Integration. The Commission conducted a National Seminar on “Social Transformation through Education”, in 1987, in collaboration with the Indian Society for Social Democracy, a Panel discussion on the “Menace of Communalism”, a Seminar on “Human Rights and Value Education” and a Symposium on Fundamentalism in the same year.61 Regarding the economic welfare of the Minorities, the Commission held a seminar along with the Society for International Development on strategies for VIII Five Year Plan, with special reference to weaker sections of society, in 1988. The Commission also organised a national Symposium on the establishment of the National Minorities Development and Finance Corporation, in 1991.62 The National Commission for Minorities arranged a joint Meeting of four National Commissions, including, as well as itself, the National Human Rights Commission, the National Commission for Women, and the National Commission for Scheduled Castes and Scheduled Tribes.63 It also held a seminar on ‘Minorities in Modern India: Role, Responsibilities and Rights’, in 1998.64 Thus the Minorities Commission carried out studies on the problems of minorities and also conducted seminars and symposia to highlight the issues concerned and to find solutions for them. However the financial restraints got in the way of fulfilling its ambitious programme of conducting studies on the socio-economic and educational conditions of minorities. The commission has requested the Finance department of the Government of India to raise the limit of Rs. 10,000 in the case of individual researchers and Rs. 25,000 in the case of institutions for conducting research, which is currently inadequate. The commission also requested the government to enhance the financial powers of the secretary of Minorities Commission to sanction lump sum payments to consultants for undertaking the studies.65 It has to depend on the reports of the state government for the information, which is also irregular and not easily forthcoming. The

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Commission requested the government to generate and publish data on all socio-economic aspects of all communities. The Commission does not have sufficient staff to conduct research studies on its own. It could not carry out much activity regarding the studies, research and analysis on the question of minorities because of the financial constraints and lack of qualified personnel.

V. Suggesting Measures for the Development of Minorities The National Commission for Minorities Act requires the Commission to ‘suggest appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments’.66 The Commission, from the time of its inception has made valuable suggestions for the overall development of the minorities. The suggestions regarding the Muslim Minority are discussed below. The Commission has accorded utmost importance to national integration and devoted considerable attention towards this question in its reports. It has made valuable suggestions for controlling and combating the communal riots and also taking measures to stop the recurrence of communal disturbances. The Commission’s suggestions in this regard are discussed in this chapter under the sub-heading, ‘communal problem’. The Commission also made recommendations regarding various other aspects, like health, education, training, employment, housing, language, economic conditions, credit flow, and other matters concerning minorities. The suggestions regarding the Muslim minorities’ socio-economic and educational development are discussed here under.

Suggestions on Educational Development The Commission has attached the highest priority to the educational development of minorities, particularly the Muslims. In its first annual reports the Commission draws the attention of the government towards this pressing problem and records that ‘the students belonging to the minority communities really do not come up to the required standard, steps should be taken to provide them educational facilities with a view to bringing them up to the required standard.’67 The Commission has organized a National Seminar on Minorities and Education and made the suggestions for the development of educational standards of Minorities as follows; 1. As a Constitutional obligation, the Government must fulfil by 1990 the state policy to provide elementary education to all children in the age

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group of 6-14, particularly in the 40 educationally backward districts, with more than 20 percent Muslim population, by opening additional schools so as to provide a school within a radius of 1km of their residence. 2. At the primary school stage, that is, up to Class V, the medium of instruction should be mother tongue, but regional language may be introduced as a subject from Class III and link language from Class VI onwards. 3. Educational Committees, consisting of parents, educators and government officials, should be set up at block/district levels to ensure full enrolment of eligible age group in primary school and to persuade parents to prevent and restore drop out to the educational stream. 4. Where parents are obliged to withdraw their children from the school at the elementary level because of acute economic reasons, some monetary compensation, by way of opportunity cost and other incentives, should be given to them. 5. By the year 1990, adult education must cover the entire population with special attention to the 40 educationally backward districts. 6. An All India uniform syllabus, at least for the core subjects should be introduced at the school level to facilitate Inter-state mobility and promote national integration. 7. A federative body on a voluntary basis may be constituted at the national and state level for supervising the functioning of all Muslim managed educational institutions in the country; in order to ensure minimum infrastructural facilities, maintain academic standards and protect the interests of the teaching community. 8. Provisions should be made for in-service training to teachers, particularly in minority managed institutions, and training in modern techniques and educational planning, and management to the managers of such institutes. 9. At least one model school should be established in each of the 40 educationally backward districts and access for Muslim children to such institutes should be facilitated by prescribing appropriate criteria of residence and means. 10. Arrangements should be made to provide remedial and compensatory education at the secondary schools for Muslim children coming from disadvantaged sections. 11. In Urdu medium schools, suitable arrangements should be made to teach national, regional and English languages so that their eligibility in the job market is not impaired. 12. One vocational institute, on the same level as ITI, with fully equipped workshops, should be established in each of the 40 educationally

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backward districts, and similarly, the community should establish at least 40 such Polytechnics. 13. The Government should provide free education to girls up to Class 12, at least in the 40 educationally backward districts. Text books, Uniforms, pocket allowance, and scholarships should be provided as a part of the ‘each one teach one scheme’, which may include teaching illiterate mothers and sisters. 14. At least one exclusive girls’ school, with women teachers only, should be established by the Government in each of the 40 educationally backward districts during the Seventh Plan. A hostel should be attached to each such school. Muslim girls coming from outside the town or village where the school is located should be given first priority in admission to these hostels. They should be provided free boarding and lodging in these hostels.68 The New Education Policy framed in 1986 gave greater attention to education of minority groups in the interest of social justice. It identified Muslims and Neo Buddhists as the educationally backward classes. It contained one full chapter on education of minorities. The Commission gave utmost importance to its implementation, and recommended the Centre and state governments to implement the following guidelines for the educational development envisaged in this Policy: 1. The setting up of community polytechnics in areas of predominant minority concentration; 2. Evaluation of textbooks from the stand point of national integration; 3. Starting of orientation courses for principals/managers and training programmes for teachers of minority educational institutions; 4. Availability of textbooks; 5. Provisions of facilities of training in local crafts and trades; 6. Starting of evening classes for children of artisan, agricultural labourers; 7. Ensuring fair representation in the scheme of computer literacy; 8. Arranging remedial coaching; 9. Placing special emphasis on women’s education including establishment of girls’ hostels; 10. Provisions for vocational and technical education; 11. Provisions of incentives in the form of midday meals, uniforms etc. in minority concentration districts; 12. Stimulation of voluntary efforts in adult education and early child education; 13. Promotion of Urdu and introduction of modern subjects in syllabuses of traditional madrasas.69 The Commission recommends that the monitoring agencies at the centre and state should be strengthened for the speedy and proper implementation of these programmes.70 The Commission suggested the government to take appropriate action to avoid delay in according recognition to the minority educational institutions.71

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Suggestions on Employment Opportunities The Commission is also concerned with the recruitment of members of minority community to various positions in the government sector, public sector, and private sector. It emphasized the proper implementation of the Prime Minister’s 15-Point Programme which deals with the proper representation of minorities in the jobs. The Commission expressed its concern regarding the allegation that Employment Exchanges discriminate in registering the names of the minority communities, and it suggested to all the state governments to follow the instructions of the Ministry of Labour, including: 1. In minority concentration areas, Employment Officers should register as many minority candidates as possible through special drives. 2. Employment Officers should ascertain the mobility of the candidates so registered for purpose of employment in other parts of the state. 3. Duplicate registration cards of the candidates who are willing to serve in other parts of the state may be prepared and sent to such Employment exchanges where opportunities for large scale employment are available. 4. The Employment Officers of Exchanges having opportunities for large scale employment should consider the names of candidates from minority communities received from other Exchanges along with the names of candidates from their Live Register. 5. All Employment Officers, while sponsoring candidates to employers against the vacancies notified to them, should ensure that candidates belonging to minority communities are adequately represented in the panels sent by them to employers.72 Regarding the representation of the minorities in Government Services, the Commission suggested to the Bureau of Public Enterprises to undertake the monitoring of representation of the minorities in services.73 The Commission suggested that there should be proper representation of members of minority communities on selection boards, commissions, and departmental promotion committees. In this regard it also suggested that the central government and state governments should ensure at least one representative of the minority communities be appointed as a member of the Selection Committee for recruitment.74 To ensure adequate representation of the minorities in the private sector the Commission suggested to the Union Ministry of Industry to impress upon the private industrial houses to provide fair opportunity to the members of the minority community for employment.75 The Commission considered the Mandal Commission recommendations and felt that all castes, classes and occupations identified as backward by

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the Mandal Commission should cover not only one community, but also be extended to their counterparts among the religious minorities.76 The Commission also made the recommendation that the educational and other qualifications in the case of minority communities’ candidates for recruitment to the Central Police Force should be relaxed on the lines of similar relaxation granted to the SC/ST candidates.77

Suggestions on Economic Development The Commission laid great stress on economic development of the minority communities and suggested various measures for their overall development in its various annual reports. Some of the suggestions which are made by the Commission, particularly for the economic development of Muslims during the period of study, are discussed here. The Commission suggested that the government should earmark state plan budget funds for targeted schemes, for the benefit of backward sections of minorities, as in Gujarat. The Planning Commission should earmark funds for the backward sections of minority communities.78 The Commission advised all the state governments to establish financial corporations for improving the economic conditions of the backward sections of minorities. The Minorities Commission sent the list of specialists and experts belonging to the minority community to be appointed as part-time, non-official Directors on Boards of Management in various Insurance Corporations/Companies and Public Enterprises, and as members on the reconstituted Development Councils for the Oils, Soaps and Detergents Industry at the request of the Ministry of Finance, Ministry of Industry and the Ministry of Steel and Mines.79 The Commission suggested that the national banks should follow the example of the Reserve Bank of India, which had issued a circular to all the public sector banks giving guidelines relating to the extension of credit facilities to minority communities as part of the 15-point programmes. The state Minorities Financial Development Corporation existed only in the states of Andhra Pradesh, Bihar, Karnataka and Uttar Pradesh. The Commission asked the states to set-up new corporations in the states where they did not exist. The Commission decided to bring to the notice of all the states that the Uttar Pradesh government had set-up a Wakf Vikas Nigam with a view to developing Wakf properties. It suggested that all other states should follow this.80 The Commission made a suggestion for the setting up of a Central Minorities Development Corporation which would render assistance,

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financial and otherwise, to the minorities to encourage their economic development.81

Other Suggestions Apart from the above suggestions the Commission also made valuable recommendations on various other issues, such as wakf, housing, national integration etc. Thus the Commission has given more importance to the housing needs of the minorities and focused its attention on this issue. The Commission recommended that positive and deliberative measures be taken for the housing needs of the minorities.82 The Commission also recorded that the converts from Scheduled Castes to Christianity and Islam continue to suffer from social disabilities because of their educational and economic backwardness. The Commission recommended that certain social welfare and educational schemes, as well as benefits of a non-statutory nature, which are extended to the scheduled castes converts to Buddhism, known as Neo Buddhists, may be extended to the converts from scheduled castes to Islam and Christianity on broad humanitarian grounds.83 The Commission suggested that the Government control on wakf properties should be strengthened so that their funds can be utilized for establishment of educational and technical institutions. The Central Wakf Act should be amended accordingly.84 A new Wakf Act should be drafted which should be free from ambiguity, and the powers of the wakf commissioner should be clearly specified. A special Wakf Tribunal or Court should be created.85 Evaluation of textbooks for promoting secularism and national integration should be done on the report of the Minorities Commission regarding the objectionable matters, and the Minorities Commission should be involved in the process. NCERT and state evaluation departments should have a minority representative as a member.86 The national and state emblems should be embossed on textbooks with a view to promoting national integration. The Commission sent a six point principle regarding the separation of religion from politics, discouraging the use of religion for secular purposes, and also enforcing the fundamental duties that have been accepted by almost all the states and Union Territories.87 The Commission decided that 109 districts be recommended to the government for declaration as minority concentration districts, being districts with the highest concentration of persons of all minority communities taken together.88

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On the role of NGO’s, the Commission suggested that greater involvement of voluntary and non-governmental organizations must be secured in not only giving wide publicity to all Bank schemes for loans to minorities, but also in identifying prospective borrowers. They should follow through to see whether the borrower is performing satisfactorily, and if the credit is being effectively used.89 Thus the Commission has made a number of suggestions over the years through its annual reports to the government. However it has attached utmost priority to the safety and security of the minorities and communal harmony. It has suggested various ways and measures for preventing and controlling the recurrence of the communal clashes. But it does not have much to offer regarding contentious issues like the Babri Masjid-Ram Janmabhoomi dispute or the issue of Muslim Personnel Law. The Commission has adopted a cautious and neutral stand in this regard. Another important area in which the Commission has taken keen interest is the educational field of the minorities. It has made detailed suggestions for promoting literacy among the minorities and protecting their educational rights. The problems of the minority educational institutions have dominated the major part of the recommendations of the Commission on education as these groups are organized as well as vocal, and provided a lot of feedback to the Commission regarding their problems.

VI. Acting as the Clearance Cell The National Commission for Minorities is to work as the nodal agency of all the matters relating to minorities. The government Charter of 1978 mentioned that the Commission should serve ‘as a National Clearing House for information in respect of the conditions of the minorities.’ But the NCM Act of 1992 does not contain this provision. However, the Commission works as the resource centre for the Central and state governments to refer any matter relating to minorities, to gather information, to collect data, and to get advice before taking any decision regarding these groups. Bills that are made exclusive on matters relating to the minorities are referred to the Minorities Commission to find out its opinion. The Supreme Court of India has also recognized the consultative role of the Minorities Commission in this regard. While delivering judgment in the Sarla Mudgal Case it suggested that the Law Commission should examine the issue of reforming personal laws in consultation with the Minorities Commission.90

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There are many occasions on which the Commission has expressed its opinion on laws regarding the minorities. The following activities during the period of study throw light on the work of the Minorities Commission as the clearance cell on matters related to the minorities. In its first annual report the commission submitted its report to the government on the Aligarh Muslim University (Amendment) Bill 1978, and recommended to recognize the University as having been established and administered by the Muslim Minorities, as such entitling it to the protection of Article 30, and the Parliament was competent to pass legislation recognizing the minority character of the University.91 In its second annual report, the Commission expressed its opinion on the Freedom of Religion Bill 1978, and felt that the Bill would be a dangerous one if passed for the minorities’ rights. The fourth annual report records the opinion of the Commission on the report of the Backward Classes’ Commission. It also refers to the note on a draft declaration on religious freedom as adapted to conditions in India.92 The Commission refers to the amendment it proposed to the Adoption of Children Bill so as to enable the Muslims and Parsis to adopt the children as under: ‘3(1) No adoption order shall be made unless the adopting parents and the child to be adopted or in the case of a minor, his or her guardian makes a declaration in writing in prescribed form that there is no religious prohibition against adoption accepted as binding upon him or her by the declarent’.

The Commission obtained information regarding law of adoption governing Muslims residing in Tunisia, Malaysia and Turkey and they have the option to adopt a child according to law.93 The Commission also suggested amendment to the Central Wakf Act 1984, on the basis of the study undertaken by the secretary of the Commission. It recommended that a new Wakf Act free from ambiguity should be drafted, the powers of the Wakf Commissioner should be clearly specified, and a special wakf tribunal or court should be created.94 The state governments also sought the opinion of the Minorities Commission on the Bills related to the minorities. Thus the St. Thomas School (Amendment) Bill 1990 was referred to the Commission by the government of West Bengal through the Ministry of Welfare. The Commission considered the proposed amendment and took the view that the Bill did not contain any clause which would lead to contest rights of the minorities enshrined in the constitution and conveyed the same to the Ministry of Welfare.95

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Thus it is clear that the National Commission for Minorities has been bestowed with a number of functions. If pursued sincerely, these can help in the development of the Minorities and their equal participation in the process of National Building. However, this will depend upon how the Commission performs its functions and how far it is successful in implementing its mandate. It is in this context that the evaluation of the performance of the National Commission for Minorities is undertaken in the next chapter.

Notes 1

Government of India, Resolution, Home Ministry Notification No. II-16012/2/77NID of 12.1.1978. 2 National Commission for Minorities Act 1992, Act XIX of 1992 as amended by Act XLI of 1995. 3 Government of India, Resolution, op cit., p.1 4 Ibid, clause. 3. 5 Ministry of Welfare resolution No. IV. 12011/2/88-CLM of 30.03.1988, amending Clauses 2 and 3 of the original Home Ministry resolution of January 1978 cited supra note 1. 6 Government of India, Notification No.S.O. 317 (E) of 17.5.1993. 7 Minorities India, Spring, 1997, Vol. II, p. 3. 8 The Protection of Human Rights Act, 1993, No. 10 of 1994, dated. 8th January, 1994, Ch. II, sec. 4, clause. 1. 9 Iqbal, A. Ansari, Readings on Minorities, Introduction, New Delhi, Institute of Objective Studies, p. XLV. 10 The Protection of Human Rights Act, 1993, op cit. ch. II, Sec. 3, Clause. 2. 11 The National Commission for Backward Classes Act, 1993, No. 27 of 1993 , ch. II, Sec. 3, Clause.2, the Gazette of India, extraordinary, Part II – Section 1 Published by authority , Ministry of Law, Justice and Company affairs, New Delhi, 2nd April, 1993. 12 Tahir Mahmood, Minorities Commission: Minor Role in Major Affairs, New Delhi, Pharos, 2001, p.198. 13 NCM Act of 1992, op cit., ch. I Sec. 3, Clause. 2. 14 The Protection of Human Rights Act, 1993, op cit., Sec 5, Clause. 1. 15 Ibid, Sec. 24, Clause. 3. 16 NCM Act of 1992, op cit., ch. I, Sec. 5, Clause. 2. 17 The Protection of Human Rights Act, 1993, op cit., Ch. II, Sec. 8. 18 In ten states namely Andhra Pradesh, Bihar, Delhi, Karnataka, Madhya Pradesh, Maharashtra, Rajasthan, Tamil Nadu, and Uttar Pradesh Minorities Commissions were established. In Assam and Gujarat Minorities development Board and Minorities Boards exist respectively. See for more details, Tahir Mahmood, Minorities Commission: Minor Role in Major Affairs, New Delhi, Pharos, 2001, p.243. 19 The Protection of Human Rights Act, op. cit., Ch. V.

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Government Notification No. 316 (E) of 17 May 1993. NCM Act of 1992, op cit., Ch. I, Sec. 1(2). 22 Government Resolution of 1978, Op Cit., Sec.4. 23 NCM Act of 1992, Op Cit., Ch.III, Sec. 9. 24 Eleventh Annual Report of Minorities Commission, New Delhi, 1988-89, Pp. 12-22 25 Thirteenth Annual Report, Minorities Commission, New Delhi, 1990-91, p. 32. 26 Tenth Annual Report, Minorities Commission, New Delhi, 1987-88, Pp. 93-107. 27 Ninth Annual Report, Minorities Commission of India, 1986-87, Pp.114-116. 28 Ibid, p. 21-22 29 Fourth Annual Report, Minorities Commission of India, 1982, Pp. 33-34. 30 Fifth Annual Report, Minorities Commission of India, 1983, p. 2. 31 P.M. Bakshi, The Constitution of India, Universal Publishing Co., New Delhi, 1999, p.51 32 Ibid., p. 12. 33 Fourteenth Annual Report Minorities Commission of India, 1992, p. 19. 34 P.M.Bakshi, op cit., p. 52. 35 Seventh Annual Report, Minorities Commission of India, 1985, p. 11. 36 Tenth Annual report, Minorities Commission of India, 1988, p.2. 37 Minorities India, Vol. 1, No. 3, Autumn, 1998, p.3. 38 Fourth Annual Report, Minorities Commission of India, 1982, p. 8-12. 39 First Annual Report, Minorities Commission, 1978, p 7 40 Ibid., p. 13 41 Fourth Annual Report, Op Cit., p.27 42 Third Annual Report, National Commission for Minorities, 1995-96, p. 88. 43 Eight Annual Report, Minorities Commission, 1985-86, p.131. 44 Third Annual Report of NCM, op cit., 1995-96, Pp. 91-92. 45 Ibid., p.98. 46 Fourth Annual Report, op cit., pp. 27-34 47 Second Annual Report, op cit., p.12. 48 Seventh Annual Report, op cit., p. 14 49 Sixth Annual Report, Minorities Commission, 1983-84, p.156 50 Second Annual Report, op cit., p. 12 51 NCM Act, op cit., Ch. III, Sec 9 52 Eighth Annual Report, Minorities Commission, 1986, p. 21 53 Thirteenth Annual Report, Minorities Commission, 1991, p.2 54 Sixth Annual Report, Minorities Commission, 1984, p. 19 55 First Annual Report, Minorities Commission, 1979, p.9 56 Ninth Annual Report, Minorities Commission, 1987, p. 7 57 Twelfth Annual Report, Minorities Commission, 1990, p.186 58 Tenth Annual Report, Minorities Commission, 1988, p. 4 59 Sixth Annual Report, op cit., p.12 60 Ninth Annual Report, op cit., Pp. 17-21 61 Tenth Annual Report, op cit., p.12 62 Fourteenth Annual Report, Minorities Commission, 1991-92, Pp.5-6 63 Minorities India, Vol.1, No.3, 1997, p.4 21

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Ibid, Vol.1, No.3, 1998, Pp.1-2. Eighth Annual Report, op cit, p.130 66 NCM Act of 1992, op cit., Ch. III, Sec. 9(1)(g) 67 First Annual Report, op cit., Pp. 9-10 68 Eighth Annual Report, op cit., Pp. 11-13 69 Eleventh Annual Report, Minorities Commission, 1988-89, p. 60 70 Ibid, p.122 71 Ibid, P.123 72 Twelfth Annual Report, op cit., Pp. 52-53. 73 Ibid, p. 54 74 Ibid, p.56 75 Ibid, p.57 76 Thirteenth Annual Report, op cit., p.107 77 Third Annual Report of NCM, op cit., p.158 78 Fourth Annual Report, op cit., p.89 79 Eighth Annual Report, op cit., p. 19 80 Eleventh Annual report, op cit., Pp.78-83 81 Twelfth Annual Report, op cit., p. 63 82 Third Annual Report, op cit., p.38 83 Fourteenth Annual Report, op cit., P.320. 84 Sixth Annual Report, op cit., p. 156 85 Seventh Annual Report, op cit., p. 97 86 Sixth Annual Report, op cit., p.155 87 Seventh Annual Report, op cit., Pp. 95-96. 88 Thirteenth Annual Report, op cit., p. 103 89 Fourteenth Annual Report, op cit., p.323 90 Sarla Mudgal case, AIR 1995 SC 531, Cf., Tahir Mahmood, op cit., p. 49 91 First Annual Report, op cit., Pp.4-5 92 Second Annual Report, op cit., pp.7-8 93 Seventh Annual Report, Op cit., p. 95 94 Ibid, Pp.96-97 95 Fourteenth Annual Report, op cit., p.40 65

CHAPTER FIVE IMPACT OF THE NATIONAL COMMISSION FOR MINORITIES ON MUSLIMS

The establishment of the Minorities Commission by the Government of India is the result of the realization on its part that minorities suffer from inequality and discrimination and there is a need to assuage this feeling by making institutional arrangements for safeguarding their interests to preserve secular traditions and to promote national integration. This has been made clear in the government’s resolution establishing the Commission in the following words: “Despite the safeguards provided in the Constitution and the laws in force, there persists amongst the Minorities a feeling of inequality and discrimination. In order to preserve secular traditions and to promote national integration, the Government of India attaches the highest importance to the enforcement of the safeguards provided for the Minorities and is of the firm view that effective institutional arrangements are urgently required for the enforcement and implementation of all the safeguards provided for the Minorities in the Constitution, in central and state laws and in Government policies and administrative schemes enunciated from time to time.”1 It is also evident from this statement that the ultimate goal of the government is to protect the secular fabric of the country and promote national integration by addressing the issues of the minorities through the Minorities Commission. The evaluation of the performance of the Minorities Commission, however, reveals that the twin goals of preserving the secular traditions and promoting National Integration are under stress even after 25 years of its existence. Close scrutiny of the objectives and functions of the Minorities Commission shows that it can play a very constructive role in protecting the minority rights by evaluating the working of the safeguards provided in the Constitution and in the laws passed by the union and state governments for the protection of minorities, and by making recommendations for their proper implementation. It is not only empowered to look into specific complaints regarding deprivation of

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rights and recommend measures for their removal, but also has a positive mandate of conducting studies on the issues relating to socio-economic and educational development of minorities and suggesting appropriate measures to be undertaken by the central and state governments.2 The response of the central and the state governments to the recommendations of the National Commission for Minorities has been lukewarm from the time of its inception. The Commission, which was constituted under a resolution of the government of India, was not a statutory commission till 1992, in spite of the fact that the Act for the Constitution (forty six amendment Bill) was introduced in monsoon session of the Parliament in 1978 to give statutory status to the Minorities Commission under Article 338-A.3 It took fourteen years to get statutory status for the Commission. Regarding the implementation of the Commission’s recommendations, the Prime Minister gave the following assurances while replying to a question in the Rajya Sabha on 20th July 1978, that “the assurance relates not to all the opinions of the Minorities Commission but it relates to the specific grievances of the minority communities. I have said that only in those cases their opinion will be binding on us and we stick to that assurance. It will be made a statutory body in this very sense”.4

Evaluation of the Performance of the Commission The working of the National Commission has been evaluated in the light of the objectives of the Commission which were discussed above and the assurance given by the government in implementing its recommendations. Even though it is a fact that the Commission has not received a proper response from the central and state governments, and its expertise and knowledge were under-utilized, there are also cases where the Commission could influence the policy makers in implementing certain measures for the welfare of the minorities in the field of education, employment, and also economic development. The review of the annual reports of the Commission shows that the various recommendations of the Commission were implemented by the governments. The Commission’s performance is evaluated on the following points, such as its impact on the implementation of the 15-point programme, educational development, employment opportunities and also economic development of the Muslim community.

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Impact on Implementation of 15 point programme The Commission has been monitoring the implementation of the 15point programme for the welfare of the minorities, which was enunciated by the central government in 1983. This programme has given policy guidelines to the states regarding the measures to be taken by the states to prevent communal riots, measures to encourage and increase recruitment of minorities in government services, measures to stop encroachment on wakf properties and graveyards, and directive to create a cell in the Ministry of Home Affairs to deal with matters relating to minorities.5 The Minorities Commission has evolved a mechanism to monitor the implementation of the 15-point programme for the welfare of the minorities in the states. It has given a format containing all the items regarding the minorities’ welfare, such as communal riots, recruitment, remedial coaching for minorities and protection of wakf properties, which are discussed in chapter 4, and the quarterly progress reports from different states are collected. Based on this information the Commission evaluates the conditions of the minorities in the states so that it can make proper recommendations to the central and state governments for the development of the minorities. However the response of state governments, as well as the central government, is not encouraging in providing information to the Commission. While the Commission received some response regarding some of the aspects, as evident from its annual reports, in most of the cases the state governments either neglected the request of the Commission or provided some scant information to complete the formalities. Thus the Commission, in its tenth annual report, records that ‘on the request to the Nodal Officers of all states governments, Union Territories, for furnishing copies of Progress reports on the implementation of the 15point programme, the Commission had received reports in full from some states, partially from some states, some other states have not sent any quarterly reports.’6 On the indifferent attitude of the state governments to its request for furnishing information, the Commission further records in its reports that, “it requested the states to send to the Commission a copy of the quarterly reports of the implementation of the 15-point programme for the welfare of the minorities. The receipt of the report was not regular. While some states sent all the four quarterly reports for the year 1988-89, part reports were received from the other states. Punjab had declined to furnish the reports in the prescribed format stating that the state had a microscopic number of minorities, such as Christians and Muslims, and the situation in

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the state was radically different from other states having communal problems and sizeable populations of minorities. Reports from Sikkim were sketchy and not informative”.7 However it is not only the submission of progress reports by the states that is irregular, but the actual implementation of the programme itself is not satisfactory. There is no proper implementation mechanism at the state level. High level monitoring of the programme on a regular basis would help in galvanizing the administration for this purpose. But the fact is that in many states review at the Chief Minister’s or Chief Secretary’s level is not done. For instance, in the year 1987-88 only three states and two Union Territories reported that the Chief Minister level review of the implementation of the programme was carried out. For the same period only five states and one Union Territory reported a review of the programme at the Chief Secretary’s level.8 Most of the schemes started under this programme do not reach the targeted minority groups as they are not aware of the programmes. The Commission has appointed one of its members to study the implementation of the programme and in his report he suggested that, ‘there should be wide publicity of the Programme and the steps taken for the implementation of programmes for the welfare of minorities.’9 However, the regular monitoring of the programme by the Commission has a positive effect on the governments, both central and state. The Central government informed the Lok Sabha in 1994 that the concrete steps taken under the 15-point programme, such as modernization of madrasa education to introduce science, mathematics, social studies and languages, and also introduced a scheme on Area Intensive Programme for Educationally Backward minorities with the aim of providing basic educational infrastructure and facility in educationally backward minority concentrated areas. The Government of India has provided a grant-in-aid of Rs. 50,000,000 to Maulana Azad Education Foundation to promote education among the minorities. With a view to spreading technical education among minority communities, polytechnics are being run in 41 minority concentration districts.10 U.G.C. has been operating a coaching scheme for weaker sections of minorities through 52 centres in 20 Universities and 32 colleges. Some sections of the minorities covered under the OBC are given reservation in Civil Services and posts under the Government of India. For the economic development of the minorities, the National Minorities Development and Finance Corporation with an authorized share capital of Rs.5,000,000,000 was started this year.11 There is a need to strengthen the mechanism that implements the programme at the state and district level. The programme should also be

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modified to make it more specific and useful for the overall development of minorities. In this regard, the fifth statutory Commission has recommended that ‘the Prime Minister’s 15-point programme for minorities welfare, as revised by the Ministry of Social Justice and Empowerment, in consultation with NCM, with due stress on its economic content, be immediately notified for implementation and eventually enacted into binding parliamentary legislation.’12

Impact on Curbing Communal Riots The biggest challenge the Commission has faced since its inception is the recurring communal riots. The Commission has devoted a lot of time and energy over this issue and made a number of recommendations for controlling the communal riots and promoting communal harmony, which are discussed in the previous chapters. As part of the 15-point programme the Commission regularly monitored the communal situation in the country. It sought information from the state governments on specific points to control the communal menace, such as 1. Posting of Competent Officers in riot prone areas; 2. Reward for good work done in prevention of communal tension; 3. Severe action against persons inciting or taking part in communal offences; 4. Setting up of special courts for trial of communal offences; 5. Relief and financial assistance to victims of communal riots; 6. Restoring confidence and communal harmony in affected areas through Radio and T.V.; and 7. Preventing publication of objectionable and inflammatory material by editors, printers and publishers.13 It is on the Commission’s initiative that the Rapid Action Force was created for effectively controlling the situation during communal riots. This force has justified its existence as it evokes faith among the minorities in times of trouble.14 The Commission deputed the teams to make on-the-spot studies of the areas where communal disturbances took place and submit the special reports to the concerned state governments and also to the central government, recommending appropriate action to be taken to ease the atmosphere of communal tension. The statutory Commission, in 1999 even constituted a bench consisting of the Commission’s Vice Chairman and its members, under the quasi-judicial powers conferred on it. The Chief Secretary and Director General of Police, Gujarat, were summoned to appear before the special bench and directed to file written statements. The bench also received evidence from representatives of the communities concerned.15

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Based on the study reports and enquiry conducted, the Commission recommended appropriate action to curb the communal violence. For instance the second statutory Commission in its interim report sent to the central government recommended that the Centre take immediate appropriate action, under Articles 256 and 355 of the Constitution, against the Gujarat Governments for failing to check violence against minorities.16 Thus it is clear that the statutory status has made the Commission more powerful in performing its duties, as it can summon any person to appear before it and provide information and give evidence. However it has also attracted criticism that the Commission is overstepping its jurisdiction and also political motives were attributed to it. Responding to the recommendation of the Commission to invoke article 256 and 355 in Gujarat, the state BJP executive meeting adopted a resolution accusing the Commission of adopting a partisan approach and politically favouring Congress. It claimed that the Commission leaked its report before the deadline it had set for the Gujarat government to file details. It further alleged that the NCM, appointed by the previous Congress regime, had become a political committee.17 In fact the second statutory commission was appointed by the United Front Government under the Prime Ministership of Mr. Deve Gouda on 25 November 1996.18 Thus the Commission’s role during the communal riots can, at best, be described as that of an enquiry commission. It can send fact finding committees, study teams and special bench to ascertain the facts and report to the Central government and concerned state governments with recommendations. It is the concerned authorities who have to take action on the recommendations, which are not binding to them. Far from the Commission having any leverage in controlling the communal menace in the country, it does not even have the sufficient data on the communal riots. According to Ashutosh Varshney and Steven I. Wilkinson, “The Minorities Commission reports cannot, unfortunately, fill in the gaps. Between 1978 and 1991, the Minorities Commission requested the Home Ministry to supply data on riots each year, but as the complaints in its reports make clear, the requests were not always met. In fact, some annual reports of the Minorities Commission have no statistics at all on the previous year’s communal riots.”19 While the Commission has done remarkable work after the breakout of communal riots by raising the issue with the competent authority for their control and also recommending measures for the compensation and rehabilitation of the riot victims, it has had no impact on reducing the incidence and intensity of the communal riots. Ashutosh Varsheney and Steven I. Wilkinson, in their study on Hindu-Muslim riots during 1960-93

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record, “our data shows not one but three national trends: a rising curve of violence in the 1960s, peaking in 1969; a substantial decline between 1971-77; and an unambiguous and alarming increase during the years from 1978-93.”20 This statement reveals that, in fact, there were more communal riots after the year 1978 in which the Minorities Commission was established compared to the preceding eight years. However the Commission cannot be blamed for the worsening situation as it is only a recommending body and its recommendations are not binding on the government. In fact the Commission has made a number of suggestions, discussed in the previous chapter, that, if implemented sincerely might have been helpful in controlling the communal menace.

Impact on Educational Development of the Muslims The National Commission for Minorities has the mandate to conduct studies on the socio economic and educational development of minorities and suggest proper measures to be undertaken by the Central and State Governments. Muslims were educationally backward compared to other communities in India. There are various reasons for their continued educational backwardness, such as insecurity, ambiguity of law, indifferent bureaucracy, poverty, and misdirected community effort.21 The National Commission for Minorities has an important role not only in safeguarding the educational interests of the minorities guaranteed under articles 29 and 30 of the constitution, but also suggesting measures for their overall development in the field of education on par with others. The Commission has devoted considerable attention to the education of minorities, particularly the Muslims, as Muslims were identified as the educationally backward community, along with the neo Buddhists. The Commission has made a number of recommendations, which were discussed in the previous chapter, including the proper implementation of the guidelines given in the New Education Policy of 1986. As a result, the Government has taken a number of initiatives, such as establishment of the Maulana Azad Education Foundation. This was set up as a society for the purpose of promoting education among the educationally backward sections of the minorities. In 1992-93 the government provided Rs. 50,000,000 as Corpus Fund to the Foundation for various activities, such as establishment of residential schools and hostels, vocational training centres, and improving infrastructural facilities in educational institutions in minority concentrated areas.22

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Under the 15-point programme the government has also given importance to the coaching schemes for students belonging to the minority communities to improve their skills and to prepare them for competitive examination. During the Eighth Plan period, the University Grants Commission has incurred an expenditure of Rs. 19,083,405 on the coaching scheme for students belonging to the minority communities and other weaker sections. The U.G.C. has made budgetary provisions of Rs. 10,000,000 for the Scheme for 1997-98. The Coaching scheme is being implemented in 22 Universities and 31 colleges.23 In the field of education, the Commission received many representations from the educational institutions established by minorities complaining delay and denial in giving recognition to these institutions. In the words of the Commission, “The Minorities Commission had been approached by the Union Ministry of Education, Government of India and the state government of Uttar Pradesh to lay down the criteria for recognition of the minority institutions. The Commission framed the guidelines for determination of Minority status, recognition and related matters in respect of Minority Educational Institutions under the Constitution of India. In these guidelines the Commission has notionally laid down the criteria for recognition of the Minority educational institutions but had also spelled out the limits of reasonable restrictions on the exercise of rights conferred by article 30.”24 The Commission also took up the cases of Minority Educational institutions and rendered justice to them by recommending their cases to the concerned authorities. The Commission records in its annual reports the cases in which the Commission’s intervention gave relief to the aggrieved party. For instance, the Commission in its fourteenth annual report mentions that “The Tayyab Muslim Welfare Society, Cuddapah, Andhra Pradesh, requested the Commission to intervene and help in expediting their proposal for the establishment of a Polytechnic at Cuddapah. As a result of the Commission taking up their proposal with the concerned department, the society has been able to receive approval from the All India Council for Technical Education, New Delhi.”25 However the efforts of the Commission for twenty years have not had a positive effect on the educational development of the Muslims as they remain the most backward community educationally. A comparative analysis of the data on the levels of literacy among different communities shows that Muslims are lagging behind all the communities in literacy. The data available from the Census 2001 is given below.

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Table 5.1: Literacy Rate among Religious Communities Census 2001 (in percentage) Religious Community Muslims Hindus Christians Sikhs Jains Buddhists

Literacy Rate (Female) 50.1 53.2 76.2 63.1 90.6 61.7

Literacy Rate (All) 59.1 65.1 80.3 69.4 94.1 72.7

(Source: Syed Shahabuddin in Mainstream, October 23, 2004, p.14)

Thus the literacy rate among Muslims is lower than all the religious communities in India. The literacy rate for females is even lower. It is also lower compared to the overall India literacy rate of 64.8 for all, and 53.7 for the female category.26 Considering Muslims are more than 12 percent of the population, their low literacy rate will have an adverse effect on the total literacy rate of the country. Another important factor which can be noticed among the Muslims is that their percentage in higher education is very low. The data collected by the National Sample Survey in 1987-88 from rural and urban India throws light on this aspect. Table 5.2: Distribution of Persons by General Education Sex and Religion, Rural India, 1987-88 (In percentage) Educational Levels Not Literate

Hindus M F 51.3 75.0

Muslims M 58.2

F 76.1

Christians M F 33.7 43.1