Newsletter July, 2001
Visit of Mr. M.El. Hadji, Guisse, Chairman, UN Human Rights Sub-Commission.
Mr. M. El. Hadgi Guisse, an eminent Senegalese Jurist and Chairman, UN Human Rights Sub Commission visited NCM on 15th June, 2001. He met the Commission and discussed various matters of mutual interest. Sri Guisse was apprised of the NCM's functioning and the role that he was playing in the safeguards of the rights of the minorities in the country. The specific queries of Mr. Guisse about the status of minorities in India were responded by the Chairman in a great detail by explaining the relevant provisions of Constitution of India.
Introduction of a Central Interest Subsidy Scheme for riot affected borrowers of minority communities
The question of rehabilitation of the victims of the communal riot in the country has been under consideration of the Commission for a long time. At present, no institutional arrangement exists for award of compensation for loss of life and property during a communal riot. The Commission has observed a growing trend of attacks on trade/business establishment of minorities
during communal riots. In the absence of any compensation, and other arrangements for soft loan, etc., the rehabilitation of those who suffer losses in their business establishment has become very difficult. In case of 1984 riot affected persons, the Government of India, in the Ministry of Finance introduced a "Central Interest Subsidy Scheme' under which banks were authorized to charge only one per cent interest on borrowings by the Sikh victims of the riots; the balance interest was to be reimbursed by the Reserve Bank of India. In this background, the National Commission for Minorities recommended that the Govt. of India, Ministry of Finance should evolve and implement a Central Interest Subsidy Scheme for communal riot affected borrowers of the minority communities in all future communal riots, on the pattern of the existing Central Interest Subsidy Scheme for 1984 riot affected Sikh borrowers.
Representation of Minorities in the State Legislature- Upper House.
The Commission, on receipt of complaints that there was no representation of Sikhs in theVidhan Sabhas of Maharashtra and Andhra Pradesh, has carefully considered the matter relating to the representation of minority communities in the State Legislatures and recommended that adequate legal provisions be made to facilitate nomination for each of the five minority communities, in the Upper Houses of the State Legislature, in case they have no member belonging to these communities. The recommendation has been communicated to the Secretary, Deptt. of Legal Affairs, Government of India and to all the Chief Secretaries of the State Governments.
Exemption of entry fee to the worship places of all minority communities
The Commission received a number of complaints from Buddhist organizations alleging that the Buddhist visitors to many Buddhist Holy Pilgrim places which are under the control of Archeological Survey of India have to pay an entry fee of US $ 5.00. The Buddhists felt it as an anomaly as they were required to pay for worship in their own places of worship. Sometimes, they pray for several days and for a number of times on each day. They were required to pay for each visit.
The Commission considered this issue and felt that charging of fees for entry to religious places for worship was an interference in the religious freedom. The Commission felt that visiting Stupas & Pagodas of Sarnath, Sanchi and Nalanda etc. should be exempted from entry fee as they are the worship places. There may be no bar, if charges are levied for entry into the museums.
The Commission after careful deliberations has recommended on 6th June 2001 to the Archeological Survey of India that entry to religious places and shrines should be exempted from entry fees.
Study on Representation of Minorities in Police
A study on the representation of minorities in the Police Force in the States of U.P. and Bihar has been sanctioned by the Commission to the Centre for Promotion of Law Enforcement & Human Rights, New Delhi at a total cost of Rs.50,000/- (in two instalments) with the following terms of reference:-
(i) To find out the actual status of representation of different minorities in the Police Forces in the State of Bihar and U.P.
(ii) To find out advantages of adequate minority representation in Police Forces on the basis of experience in India and in other countries.
(iii) To analyze the method of recruitment in Police Forces in the two States with a view to identify the reasons for under representation of minorities and to suggest corrective measures, which can be undertaken.
(iv) To identify the rationale and desirability of reserving a fixed percentage for the representation of minorities in the Police Forces in the two States.
Press Council of India reprimands Panchjanya
The Chairman, National Commission for Minorities wrote to the Chairman, Press Council of India against the report that appeared in "The Hindustan Times" on 22nd June, 2000 based on a front page story of the Hindi weekly Panchjanya (25th June issue), as the manner of reporting was intended to communalize a situation in the film industry, which was not essentially so. The Chairman, National Commission for Minorities wrote to Justice Sawan the Chairman of the Press Council of India to take a suo-moto cognizance of such reporting and take appropriate necessary action.
The Press Council of India informed that it held hearing against the Panchjanya on 26th March, 2001. The PCI expressed its strong disapproval over the way the said news report/articles had been published by the Panchjanya and warned the respondent newspaper to be more cautious in future in publishing such reports which could disturb the peace and amity in the Society.
The Commission appreciated the action taken by the PCI in reprimanding the "Panchajanya" for publishing the objectionable and inflammatory material.
Planning Commission Working Group on "Empowering the Minorities" in the context of the 10th Five Year Plan (2002-2007) formulation
The Planning Commission constituted a Working Group on "Empowering the Minorities" under the Chairmanship of Prof. Musirul Hasan. The Working Group decided to constitute three different sub-groups, one each on (i) educational development, (ii) economic development and (iii) Social, Cultural, Wakf and related issues. The Sub-Group on Social, Cultural, Wakf and related issues was functioning under the Chairmanship of Sri B.S. Baswan, former Secretary to the NCM. The report of this Sub-Group was finalized and sent to the Ministry of Social Justice & Empowerment for consideration of the main working group on empowering of the minorities. The Commission was also associated in finalizing the draft report of the Working group on empowering the minorities for which a meeting was held in the Ministry of Social Justice and Empowerment on Saturday, the 21st April 2001. The report of the Working Group has since been finalized and sent to the Planning Commission by the Min. of Social Justice & Empowerment.
New Draft 15-Point Programme
The Ministry of Social Justice & Empowerment sought Commission's comments on the revised draft of the new proposed 15-Point Programme. The draft has been extensively revised and sent to the Ministry.
Credit Flow to Minorities - a Study by RBI
The Reserve Bank of India informed the Commission that on its advice, they instituted an in-house study to evaluate the credit flow to minorities through nationalized banks. RBI has been asked to send a copy of this Study Report.
Implementation of welfare schemes for the minorities
The Commission took cognizance of a recent press report stating that implementation of various Central Welfare Schemes for the minorities are faulty and sometimes ill-conceived. The Commission after careful consideration of the matter has requested the State Minorities Commissions/Boards to assist their respective State Governments in the implementation of central welfare schemes relating to minorities with a view to ensure that minorities get maximum benefit from such schemes.
Minority community candidates secure second and third position in the Civil Services (Main) Examination 2000
Ms. Shahla Nigar (Roll No.1579) and Sh. Gurkirat Kirpal Singh (Roll No.069892) have secured 2nd and 3rd positions in the Civil Services (Main) Examination 2000 according to the results declared by the Union Public Service Commission. The National Commission for Minorities has congratulated them on their grand success.
Opening of Offices on the festival days of minorities and declaring Easter day as Holiday
The Commission observed that some Ministries/organizations and recruitment agencies keep their offices open and conduct official business/tests on holidays of religious festivals of minority communities. The Commission has taken up the matter with the Deptt. of Personnel & Training for issuing a general circular conveying the Commission's recommendation that Government departments should not transact official business and recruitment agencies should not hold test/examination on the days/dates decalred as a holiday on account of a religious festival of a minority community. The Commission also recommended to the Department of Personnel & Training that Easter holiday which falls on the Sunday following the Good Friday should be specified as a holiday in official calendars, throughout the country.
Birthday of Guru Nanak - Public Holiday in Orissa
The Commission during its visit to Orissa during 20-22nd February, 2001 met the Chief Minister of Orissa and impressed upon him to declare birthdays of Guru Nanak and Buddha as public holidays in the State. The Chief Minister promptly took a decision on the Commission's recommendation and declared 30th November, 2001, the birthday of Guru Nanak as public holiday, under Negotiable Instruments Act, in the State of Orissa. The Commission had also recommended to different State Government that the birthday of Guru Nanak Devji should be declared as a public holiday.
Compassionate appointment of Shri Mohd. Sajid, Bulandshahar
Shri Mohd. Sajid of Bulandshahar has stated that his father, working as Naib Tehsildar, expired in April 2000. He requested for his appointment to an appropriate post on the compassionate grounds. The Commission took up the matter with state authorities. DM, Bulandshahar has informed that he has been appointed as LDC in Bulandshahar, Collectorate.
New Appointments in NCM
(i) Smt. Sarita J. Das (IAS -1966) joined as the Secretary to the Government of India in the NCM on 9th April, 2001.
(ii) Sri Gurbachan Singh, former Member, Staff Selection Commission joined as the Joint Secretary in the Commission on 24.05.2001.
Review of decision of the removal from services of Shri S.R. Hussain, Asstt. Engineer, NPCC
Shri S.R. Hussain, Asstt. Engineer, NPCC was issued a charge sheet on 08.03.2000 stating that he had drawn HRA for his residence and rent for Union Office showing the same address. The enquiry conducted did not prove him guilty. Still, NPCC issued Show Cause Notice for imposition of penalty of "removal from service". Commission found it discriminatory and asked NPCC to correct the injustice done to Shri S.R. Hussain by reviewing his case.
Non-Representation of Muslims/Sikhs in NSG, etc.
The Vice Chairman, NCM on a complaint from Sri Simranjit Singh Mann, MP about non-representation of Sikhs and Muslims in NSG, SPG wrote a letter to Sri Brijesh Mishra, PPS to P.M. and the Lt. Governor of Delhi. He impressed upon them that distortions in this regard should be removed.
Minority Institutions in M.P. exemption from New grant-in-aid Policy.
Complaint from Subhania Anjuman Islamia Bilaspur regarding M.P. Govt's decision to gradually reduce grant in aid to non-govt. schools, and fully stop it within five years was taken up by the Commission. A reply was finally received from M.P. Govt. on 27.04.2001 stating that Minority Institutions have been exempted from this policy.
Problems in observance of Chehulum - Dargah Shah -e-Mardan Jor Bagh, New Delhi.
The President, Anjuman-e-Haidri, New Delhi complained the Commission regarding Police interference in the religious function at Dargah Shah-e-Mardan, Karbala, Aliganj, Jor Bagh, New Delhi on the occasion of Chehulum on 15th May, 2001. The Commission immediately took up the matter with the Commissioner of Police and advised him to ensure necessary arrangements for a smooth conduct of the religious function and to allow raising of Shamiana on the admitted Wakf land by Delhi Administration. The Anjuman later extended its thanks to the Commission for timely intervening into the matter and thereby making the religious function conclude peacefully. |
