Part- 2 : Religious Reservations - A Critical Analysis Of the Report of

Mr. Justice Ranganath Misra (NCRLM) and Other Reports

By

Dr.P.S.N.Murthy*

B.Sc(Hons), M.Sc., PG Diploma (Triple), Ph.D (Triple), LLB.

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ABSTRACT

This paper analyses the Reports of National Commission for Religious and Linguistic Minorities (NCRLM) prepared by Mr. Justice Ranganath Misra critically. Along with it other reports like Sachar Committee report, B.C. Commission report of Andhra Pradesh by Mr. Justice Dalava Subrahmanyam are also taken into reference. It is written in two parts.

This is second part, in which the benefits available to the minorities, under different schemes, is clearly stated. It is shown that the recommendations do not stand to the tests of logic and constitutionally invalid.

Introduction

Murthy (2012) critically analyzed the Report of Justice Late Ranganath Misra and other reports regarding religious reservations. He published part of the first part in Nyayapravah (2012) XI, Issue 42 Pp 27-30) covering first five chapters of NCRLM report Part-1.

Other aspects namely Criteria for identifying backward sections among minorities (Chapter VI), Measures for Welfare and Development of Minorities (Chapter VII), Reservation as a welfare measure (Chapter VIII), Demands for amending Constitution (SC) Order, 1950 and Recommendations and Modalities for Implementation (Chapter X) and NCRLM report Part-2 will be dealt in separate articles.

The Statements of different committees would be in italics and the analysis of the author is in Normal script.

Development of Minorities - Five year Plans.

The Eighth Ninth, Tenth and Eleventh plans gave thrust to the development of the so called weaker sections, which are given in detail below:

In the Eighth Plan (1992-97), three national-level apex bodies were set up to give a greater thrust to the economic development of weaker sections of society. These apex-level bodies were: (i) The National Backward Classes Finance and Development Corporation (NBCFDC, set up in 1992); (ii) The National Minorities Development and Finance Corporation (NMDFC, set up in 1994-95); and (iii) National Safai Karamchari Finance and Development Corporation (NSKFDC, set up in 1996-97). While NMDFC was specifically meant for the religious minorities, the other two included them amongst the targeted beneficiaries.

When this being the case, where is the question of Minorities are neglected.

The Ninth Plan (1997-2002) envisaged effective implementation of various policies and developmental schemes to bring the underprivileged groups on par with the rest of society. It is noteworthy that right from the start of developmental planning, India, being a Welfare State, made provision for food security through the Public Distribution System, for health through a network of institutional infrastructure for health services, provision for nation-wide school education with scholarships and free ships for poor, SC, ST, girl children etc. (different provisions in different states). The Integrated Child Development Services (ICDS) was launched (in 1975) to cater to nutritional, health and ECCE (early childhood care and education) of children from rural as well as urban low-income areas. A number of schemes were launched for women’s welfare and development.

The Tenth Plan (2002-07) recognised that economic growth must be accompanied by enhancement of human well being. This would be reflected through achievements in key indicators of human development to include poverty reduction, expansion of employment opportunities, universal primary education, increase in literacy rates, reduction in gender gaps in literacy and wage rates, reduction in population growth rate, infant mortality and maternal mortality rates, and universal access to drinking water.

13. The Tenth Plan (2002-2007) explicitly formulated programmes for social and economic empowerment of SCs, STs, OBCs and Minorities in the framework of growth and social justice . Education, health and participation in governance were emphasised as effective instruments for social empowerment of the weaker sections. Economic empowerment through specifically designed programmes best suited to their skills and requirements, would be re-invigorated. The Tenth Plan outlined specific protective and promotional measures for minorities in educational and economic spheres. Provision of basic amenities and services to backward minority concentrated pockets were to be ensured. Modernisation of education, technical and vocational education, appropriate technology and development of entrepreneurship along with necessary financial support would be key strategies during the Tenth Plan, leading to social and economic empowerment of the minorities.

14. Exclusive efforts in the Tenth Plan were to be made to promote the educational development of Muslims, specially of their women and girl children by modernizing and mainstreaming their traditional educational system and institutions viz. Madarsas, through adopting syllabi being followed in the regular education system. Both protective and promotional measures as per the constitutional provisions in favour of minorities were to be taken in order to inculcate a sense of security and prevent marginalization and isolation of minorities by mainstreaming and generating responsive awareness amongst civil society.

Thus, the 11th Plan is committed to ‘Bringing on Par: SCs, STs, Minorities and others left behind’ in line with our constitutional commitment.

Mr. Justice Misra simply says that family panning methods are not followed by Muslims where as Mr. Justice Sachar say that they are not reaching Muslims that is why they are not followed? Who is correct. Secondly the population growth has to be on par with the rest of Nation.

Education is the one of the most effective instruments of social empowerment and is vital for securing horizontal and vertical mobility. Schemes for the educational enlistment of the SCs and STs have borne fruit although the gap between the general population and the SCs and STs is still at unacceptable levels and need more vigorous efforts. Educational programmes need to be continued with redoubled vigour among all other backward sections including minorities, particularly among poor Muslims, who have fallen far behind the national average in all aspects, particularly in the field of education. Areas dominated by backward communities like poor Muslims will require special focus in the Social sector and schemes for creating infrastructural facilities will have to be properly implemented in these areas. Further, the Plan will explore ways of creating incentives for students belonging to these communities and work towards the economic and political empowerment of Muslim women by increasing their access to credit and ensuring their presence in decision-making bodies. A 15 point programme for the welfare of minorities has been circulated to all state governments which reflects a new beginning and has the potential of improving the quality of life of Muslim population. An effort should be made to ensure that state governments and central Ministries/departments implement this programme. The Planning Commission may develop appropriate guidelines to ensure that Plan schemes in the relevant areas are consistent with this intention.

Areas dominated by backward communities like poor Muslims will require special focus in the Social sector and schemes for creating infrastructural facilities will have to be properly implemented in these areas. Further, the Plan will explore ways of creating incentives for students belonging to these communities and work towards the economic and political empowerment of Muslim women by increasing their access to credit and ensuring their presence in decision-making bodies.(Volume -1, Page 75 para 16).

Anganwaris, Navodaya Vidyalayas and other similar institutions should be opened under their respective schemes especially in each of the Muslim-concentration areas and Muslim families be given suitable incentives to send their children to such institutions (Volume -1, Page 151 para 16.2.9 vi).

If the augment is that Muslim children should not be discriminated, to send their children to such Institutions is a reasonable demand. But the incentives should be same as given to other families. Why should there be special incentives even to send their children to schools is not clear.

‘Prime Minister’s New 15 Point Programme for Welfare of Minorities’.

(A) Enhancing opportunities for Education.

(1) Equitable availability of ICDS Services (2) Improving access to School Education (3) Greater resources for teaching Urdu (4) Modernizing Madarsa Education (5) Scholarships for meritorious students from minority communities (6) Improving educational infrastructure through the Maulana Azad Education Foundation.

The author would like to give point- wise analysis. 1) There is no dispute that ICDS Service should be available equitably. 2) Improving the access to school education is must unless some body does not want to send his children for education. 3) It is pointed out once somebody is a Muslim, it does mean that his/ her mother tongue automatically becomes Urdu. For example there are many kerala Muslims who do not know Urdu. Whey there should be greater emphasis on Urdu is not clear. Now a days. Now days many children do not lay much emphasis on their mother tongue, rather English the International Language and some of the foreign languages like French, Spanish, German, Russian, Arabic, Chinese and Japanese. 4) As far as Modernizing Mardarsa education is concerned, there appears to be a confusion and lacks in clarity, hence it is requires a critical analysis. In these days of competitive world, only those who would like to become Mullahs or Imams can take up Mardarsa education. The others, to have competitive edge should take up secular education. Now a days students in the lower classes are finding it difficult even with regular syllabus. For example a Vedic scholar can not aspire to become an IAS or IPS. There is no point in grumbling that Madarsa educated persons are unable to compete with others. If he wants to become a Mullah or Imam, he has to get satisfied with it. This is like aspiring to have a cake and eat it too. The Government, because of political expediency and the clergy to have their control over the Muslims, are not educating the youth properly. 5) As far as scholarships are concerned, minorities are getting scholarships through many sources, though the same are not available to meritorious students of Majority community. many scholarships. Infact irrespective of the religions, meritorious students of all communities should get scholarships. In this respect Minorities in General and Muslim Minorities in particular are better placed when compared to even the majority community. 6) As far as improving the infra structure is concerned, infrastructure of all the educational institutions is to be improved including educational infrastructure of Minorities.

(B) Equitable Share in Economic Activities and Employment

(7) Self-Employment and Wage Employment for the poor
The Swarnjayanti Shahary Rohgar Yojna(SSRY) consists of two major components namely, the Urban Self-Employment Programme (USEP) and the Urban Wage Employment Programme(UWEP). A certain percentage of the physical and financial targets under USEP and UWEP will be earmarked to benefit people below the poverty line from the minority communities.

The Sampurna Grameen Rozgar Yojna(SGRY) is aimed at providing additional wage employment in rural areas alongside the creation of durable community, social and economic infrastructure. Since the National Rural Employment Guarantee Programm(NREGP) has been launched in 200 districts, and SGRY has been merged with NREGP in these districts, in the remaining districts, a certain percentage of the allocation under SGRY will be earmarked for beneficiaries belonging to the minority communities living below the poverty line till these districts are taken up under NREGP. Simultaneously, a certain percentage of the allocation will be earmarked for the creation of infrastructure in such villages, which have a substantial population of minorities. (8) Up-gradation of skill through technical training:

7) The author would like to comment that irrespective of the religion one belongs, the scheme should benefit every body. 8) The author agrees with the suggestion that Technical Training is to be imparted to upgrade the skills of all people including minorities, without any discrimination.

(9) Enhanced credit support for economic activities:

The National Minorities Development & Finance Corporation (NMDFC) was set up in 1994 with the objective of promoting economic development activities among the minority communities. The Government is committed to strengthen the NMDFC by providing it greater equity support to enable it to fully achieve its objective.

Bank credit is essential for creation and sustenance of self-employment initiative. A target of 40% of net bank credit for priority sector lending has been fixed for domestic banks. The priority sector includes, inter alia, agricultural loans, loan to small-scale industries & small business, loans to retail trade, professional and self-employed persons, education loans, housing loans and micro-credit. It will be ensured that an appropriate percentage of the priority sector lending in all categories is targeted for the minority communities.

As far as lending is concerned, without loss to generality, an example of Andhra Pradesh is given. Whenever DWCRA loans or 25 NP interest loans are given, it is independent of the religion one belongs. Similarly, whenever loans/ interest on loans was waived off to weaver community it is independent of the religion whether he/ she is a Hindu Weaver or Muslim weaver or Christian weaver. However some of the predicaments with respect to Muslim Community are as follows. i) There has to be surety for any person drawing loans. ii) Some persons, because of religious sentiments, do not want to pay interest because as per Islam either giving or charging interest are forbidden. iii) If the account holders with a bank do not charge any interest, then they can convert their accounts into current accounts, where interest is not given by the Banks. iv) On the other hand if there is a demand to disburse loans to Muslims, without interest, it becomes impractical. v). If interest free loans are to be given to any religious community, then persons of other religious community can object and challenge it under article 14 of the Constitution of India. vi) One should lose sight of this point.

Recruitment to State and Central Services

There are Sate Public Service commissions and Union Public Service Commissions, who formulate polices for recruitment, without religious bias. One should not argue that a person of a particular group should be recruited because they belong to a particular religion. On the other hand one may argue that persons of a group should not be discriminated because they belong to a particular group. If there is bias against any group of persons, certainly there are corrective measures.

Improving the conditions of living of minorities.

(11) Equitable share in rural housing scheme: The Indira Awaas Yojna(IAY) provides financial assistance for shelter to the rural poor living below the poverty line. A certain percentage of the physical and financial targets under IAY will be earmarked for poor beneficiaries from minority communities living in rural areas. (12) Improvement in condition of slums inhabited by minority communities.