Newsletter April, 2002

Promotion of Shri G.R. Shaikh, Sr. General Manager, VSNL, Mumbai as Chief General Manager, VSNL at the intervention of the Commision

Shri G.R. Shaikh, Sr. General Manager, VSNL, Mumbai filed a complaint before the Commission against denial of promotion in service by the VSNL authorities on 24.8.98. The Commission `recommended to the VSNL to give notional promotion to Shri G.R. Shaikh as SGM with effect from 16.06.1994 and thereafter consider him for further promotion in accordance with the Rules. VSNL complied with this and Shri G.R. Shaikh was given notional promotion to the post of SGM(HR) w.e.f. 16.06.1994. The Commission further examined the promotion aspect of Shri Shaikh consequent upon his notional promotion with effect from 16.06.1994. Shri Shaikh became eligible for promotion to the next higher grade of CGM from 1997 onwards. At the Commission's insistence, a DPC meting was held on 04.04.2000 in which Shri Shaikh was declared as 'unfit' for promotion on the basis of his ACR gradings. On examination of the ACRs of Shri Shaikh for 1994-95 to 1998-99 by the Commission, it was found that the grading given in the ACRs were not properly reflected in the Assessment Sheet put up before the DPC which made him 'unfit' for promotion. The Ministry asked the VSNL to hold a review DPC for consideration of promotion of Shri Shaikh. Accordingly, VSNL held review DPC meeting on 21.12.2001. Shri G.R. Shaikh has been promoted as Chief General Manager (HR) as per the recommendation of the DPC and he has assumed the charge of the post on 26.12.2001.

Construction of a Muslim Girls' Hostel at Pratap pur, Distt. Hooghly, West Bengal

A letter dated 05.04.1999 was received from Shri Akbar Ali Khandakar, MP, West Bengal requesting for the Commission's intervention to expedite setting up of a hostel for muslim girls students in Hooghly District of West Bengal. This proposal was pending with the Govt. of West Bengal since long. The Commission pursued the matter vigorously and finally the State Government of West Bengal informed that an alternative site at Pratap pur, Chinasurah, Distt. Hooghly was selected for the construction of the hostel at an estimated cost of Rs. 39,72,469/-.

Exemption from land acquisition granted to the Tibetan Medical and Astro Institute (West Bengal)

In early 2000, the Commission received a request from Himalayan Buddhist Cultural Association, Salugara, Distt. Jalpaiguri, West Bengal informing that the Tibetan Medical and Astro Institute Salugara had purchased a plot of land measuring 04 Bighas in 1993. Subsequently, the land came under acquisition. A request was made for exemption of this Govt. land from acquisition. The Commission took up the matter with the Secretary, Land and Land Reforms Department, Govt. of West Bengal on 11th April, 2000. After follow up, the Association informed that certain private firms had been exempted from acquisition excepting the above Buddhist institute which provides medical treatment to poor and needy people at low cost. Subsequently, the matter was also taken up with DM, Jalpaiguri. The Himalayan Buddhist Cultural Association, Jalpaiguri informed during March, 2000 that the Govt. of West Bengal had granted requisite exemption from acquisition

Publication of Objectionable material in "Vijay Express" a Newspaper published from Palanpur (Gujarat)

A representation was received from Shri Usman Ibrahim Bhai of Palanpur (Gujarat) on 3.5.2001 alleging about some objectionable article published in "Vijay Express"- a non-registered newspaper published from Palanpur. It was further alleged that such defamatory articles affect the communal relationships and were hazardous to the cordial inter religious relationships. The matter was referred to the Chief Secretary, Govt. of Gujarat for taking strict action. The report received from the Information & Broadcasting Department, Government of Gujarat stated that the Editor of the newspaper was advised to avoid publishing such provocative articles in the future and he should follow the Code of Conduct prescribed for the journalists. The Commission noted the action taken by the Govt. of Gujarat.

Delay in appointment of Shri Sodagar Nasir Khan Rahim Khan, Baroda, to the post of Data Entry Operator

Shri Sodagar Nasir Khan Rahim Khan, Baroda made a complaint to the Commission on 8.5.2001 stating that he was selected for the post of Data Entry Operator by Indian Oil Corporation (IOC), Vadodara but the actual appointment was not given on the plea that there is a discrepancy in his OBC certificate. Inspite of his having submitted clarifications regarding discrepancy his appointment was not made. He alleged that the management of Indian Oil Corporation Ltd. was delaying the appointment just to favour some other candidate.

The Commission intervened and called for a report from the Chief Human Resource Manager, IOC and when no reply was received, a Notice was issued on 24.09.2001.

The Indian Oil Corporation vide their letter dated 09.01.2002 reported that Shri Sodagar was called for medical examination on 19th September, 2001 and as per the procedure of recruitment, verification of his Caste Certificate was initated. They received a report from the District Magistrate, Vadodara in the month of October stating that the Caste Certificate appeared to be in order. Subsequently, they made an offer of appointment to Shri Sodagar on 31st October, 2001. Shri Sodagar accepted the offer and was appointed as 'Data Entry Operator' in ndian Oil Corporation w.e.f. 12th November, 2001.

Jain Community declared as Minority Community in Madhya Pradesh

The State Government of Madhya Pradesh has declared Jain community as a minority community in the State on the recommendation of the Madhya Pradesh Minorities Commission in its Annual Report of 1998-99. The Government Ordinance has been published in the Madhya Pradesh Gazette (Extraordinary) vide No. F.11-18-98-LIV-2 dated 29th May, 2001. Mohd. Ibrahim Quraishi, Chairman , Madhya Pradesh State Minorities Commission has congratulated the Jain community in the State on this event and affirmed that the State Commission will protect the rights of Jain community and recommend necessary action plan to the State Government for their development

Representation of Shri Dost Mohd. S/o Shri Bhajnu Gaddi village Vadvari Pargana, Lakhimpur Kheri regarding harassment and encroachment of courtyard by some persons of Majority community.

The Commission had received a representation from Shri Dost Mohd. S/o Shri Bhajnu Gaddi, r/o Vilalge Varvadi, Lakhimpur Kheri, UP on 26.7.2001 alleging that his courtyard was encroached by the land grabbers by constructing a Temple thereon in 1992, by force. A report was called for from Government of U.P. The State Government reported that the Circle Officer Mohammadi conducted a joint investigation and found that a Temple was constructed on the land of Gram Samaj. In the north-west of the Temple, the hosue of Shri Dost Mohd. exists who has made a soakage pit for the drainage water for his house and stored tubs for buffalo feeds on the portion attached to the Temple. The SHO removed the soakage pit and tubs of buffalo feeds and left the space for the drainage of his house. With the intervention of the Commission, both the parties compromised during the investigation and the matter has been resolved amicably.

International Brotherhood Mission, Dibrugarh, Assam to get Government grant for starting a residential schools

International Brotherhood Mission, Maha Bodhi Vihar, Jyotinagar, Dibrugarh, Assam had requested vide their letter dated 28th January, 2002 for providing grant to start a residential school. The Commission requested the Secretary, Department of Culture on 5th February, 2002 for providing grant to the school. The Ministry of Culture vide their letter dated 8th March, 2002 have informed the Commission that the 2nd instalments of grant of Rs. 90,000/- have been released.

Need to identify Buddhism as an independent religion

Article 25 of the Constitution of India while granting freedom of worship to all religions has clubbed Buddhists, Sikhs and Jains with Hindus. Considering the sentiments of the minorities, Hon'ble Member of the Commission, Rev. T.K. Lochen Tulku wrote to the Constitutional Review Commission on 18th February, 2002 that majority of Buddhists deeply resent the provisions of Article 25. The Hon'ble Member urged the Constitutional Review Commission to consider this aspect and make suitable recommendations for Buddhism to be identified as an independent religion

NCM recommends compensation for victims of Gujarat violence and to adopt confidence building measures

The Commission took cognizance of the communal violence erupted Gujarat in March 2002 and made an appeal to the members of all the communities to stand together to prevent divisive forces from attempting to fragment our country and to spoil its secular image.

On March 5, 2002 the Commission met the Prime Minister of India and discussed the law and order problems, confidence building exercises and modalities to provide financial, medical and other types of aid among the affected victims of Gujarat.

The Commission visited Ahmedabad on 13th and 14th March, 2002 and had detailed discussions with the Hon'ble Governor, the Chief Minister and Officers of the State Government on the communal riots during March. The Commission also paid a visit to Shah Alam Camp. During these discussions, many constructive suggestions were made for improving the law and order situation as well as bringing in an atmosphere of communal harmony. Unfortunately, incidents of violence continued and actions were taken by the State Govt. which were contrary to Commissions instructions given on 14th March, 2002.

The Commission summoned the Chief Secretary and other top civil and police officials on 6th April 2002. During the hearing it had been made amply clear that the Commission was not satisfied with the way the Government handled the situation and the following instructions were given to restore the socio-economic well being of the state :

(i) Utmost importance be given to the restoration of confidence in the administrative machinery especially in the police force.

(ii) The Commission expressed unhappiness over the spate of transfers of officers who had taken action to protect the interest of the minorities. The Commission had directed that these officers should be posted back as this would be a big step for restoring the confidence amongst the minorities.

(iii) The Commission directed that the State Government had announced compensation the tune of Rs. 1,00,000 to all those who had been killed. The Government of Gujarat had now reduced the amount to Rs. 50,000/- only. The Commission directed that this amount should be restored to Rs. 1,00,000/-. This would be apart from the amount received from the Prime Minister's relief Fund.

(iv) The Commission directed the State Government to rebuild 293 dargahs and 202 mosques that had been destroyed by the rioters. In this context, the Commission drew attention of the State Government to similar actions that had been taken by the State government of Haryana. The Commission also drew attention of the officers of the Gujarat government to the way similar communal situations had been handled by the Governments of Rajasthan, Bihar, West Bengal and Andhra Pradesh wherein communal flare-up were dealt with firmly and a holocaust was not allowed to occur as has happened in Gujarat.

(v) The Commission recommended that officers who had done excellent work in protecting the lives and properties of the minority community should be recognized/honoured and rewarded. This has still not been done.

(vi) The Commission pointed out that the policy of political transfers that was now being indulged in was contrary to the norms of good governance in a civil society and needs to be stopped immediately as this would further destroy confidence in the Government machinery.

(vii) The Commission reiterated the need to bring both communities together through joint peace committees in the mohallas, holding of meetings with religious leaders and other community leaders. This must be done immediately.

(viii) The Commission suggested that the officers belonging to minority communities should be given the so called "sensitive" assignments so that they can play a more useful role and also provide a healing touch. The Commission also stated that in case officers of the minority communities were not available in Gujarat, these may be taken on deputation from outside the State.

(ix) The Commission directed that Government should immediately take measures to provide land for the people living in the camps and start building houses for them so that the people in the camps can be shifted over a given time frame.

(x) The Commission reiterated its request that the Commission appointed by the State government be headed by a sitting judge of the Supreme Court

The Commission is maintaining constant watch over the subsequent developments in the State.

Ms. Penelope Wensley, AO, Austrialian High Commisioner visits the Commission

Ms. Penelope Wensley, Australian High Commissioner visited the Commission on 26th March, 2002 to discuss issues relating to the role, jurisdiction and achievements of the Commission.

Hon'ble Chairman informed the High Commissioner that the Commission was set up under the MHA Resolution during 1978 and thereafter it became the statutory organization after enactment of NCM Act, 1992. He stated that the Commission has devised its own methodology as per provisions of the Act to deal with the complaints. It was informed that on receipt of a complaint, the Commission calls for a report from the appropriate authority and if the Commission finds that the reply was not satisfactory, the concerned officials are summoned under the powers of a Civil Court vested by Section 9(4) of the Act. Hon'ble Chairman informed that the Commission has been making recommendations on various issues. The Commissioner desired to know whether the Commission can give advice on any matter to the Government. Chairman explained that the Government is free to get advice from the Commission on any minority issue. The Commission can also draw attention of the Government to any sensitive issue relating to minorities. Regarding enforcement of the recommendations of the Commission, the Chairman clarified that the recommendations of NCM are not binding on anyone. Since the recommendations are in the general interest of minorities, it is the moral duty of the State to take cognizance of the recommendations made by the Commission.

The High Commissioner desired to know whether the Commission has any investigative powers and specific laws relating to women. Chairman explained that the Commission do not have its own investigating machinery and all the reports are called from various authorities by making a reference. Regarding complaints from women, there is a separate Commission set up by the Government for looking into the problems of women, irrespective of the fact whether they belong to minority communities or majority communities. He stated that all matters relating to the women even if they belong to minority community should go to the Commission for Women only.

When the High Commissioner desired to know about the results achieved by the Commission, Members S/shri A.M. Sethna and V.K. Dar explained the position. Shri V.K. Dar pointed out that the Commission holds daily meetings where daily happenings in the entire country are reviewed. The Commission takes action on reports from individuals as well as groups on common interest of minorities and also takes cognizance of the reports appearing in various newspapers/periodicals. The Commission also take suo-moto cognizance of any news relating to minorities.

With regard to the query of the High Commissioner to the minority communities specifically Jains, the Chairman explained that the five minority communities, viz., Sikhs, Muslims, Buddhists, Christians and Zoroastrians have been notified as minority communities and Jains do not figure in this list. He stated that some of the States like Karnataka have given minority status to the Jains. He further pointed out that the Jains cannot be given the status of a minority community unless Article 25 of the Constitution is amended as Explanation under this Article states that "In sub clause (b) of Clause (2), the reference to Hindus shall be construed as including the reference to persons professing the Sikhs, Jains or Buddhist religions and the reference to Hindu religious institutions shall be construed accordingly".

The Australian High Commissioner specifically mentioned about happenings at Godhra and many other places in Ahmedabad and other towns. Chairman mentioned that the Commission had met the Hon'ble Prime Minster and made certain recommendations which included restoration of confidence among various communities especially the Police and the minority communities, payment of compensation to loss of lives and loss of properties and also providing medical aid to the injured, etc. The Commissioner stated that the Australia and the India have many similarities inasmuch as both the countries have multi-cultural societies. She pointed out that the primary causes of conflict in both the countries are the mistrust between various communities.