Special Report December 2001
Part - I
Constitution of National Commission for Minorities
The setting up of Minorities Commission was envisaged in the Ministry of Home Affairs Resolution dated 12.01.1978 which specifically mentioned that, " despite the safeguards provided in the Constitution and the laws in force, there persists among 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 the Central and State laws and in the Government policies and administrative schemes enunciated from time to time." The Minorities Commission was accordingly set up to safeguard the interest of minorities whether based on religion or language. The Commission was renamed as National Commission for Minorities and the first statutory Commission was constituted on 17.05.1993.
The present third statutory Commission was constituted on 24.01.2000 as per Ministry of Social Justice & Empowerment Notification No. 1-A/99-MC(D) dated 21.01.2000. The tenure of the Commission is for a period of three years. The present Commission consists of, Justice Mohammed Shamim, Chairman (Status of a Cabinet Minister), Sardar Tarlochan Singh, Vice Chairman ( Status of Minister of State), S/Shri Lt. Gen. (Retd.) A.M. Sethna, ,Rev. T.K. Lochen Tulku Rinpoche, John Joseph, Shamim Kazim, and V.K. Dar, Members (Status of Secretary to the Govt. of India).
There is a full fledged Secretary, a Joint Secretary to the Government of India with other secretariat supporting staff.
The five communities viz. Muslims, Christians, Sikhs, Buddhists and Parsis have been declared as minority communities.
2. Functions of the Commission
The National Commission for Minorities is the only official body at the national level in the country charged with the responsibility of overseeing free and lawful enjoyment of religious and institutional rights of minorities. As per the National Commission for Minorities Act, 1992 as amended during 1995, Section 9 thereof, the Commission shall perform the following functions, namely :-
(a) evaluate the progress of the development of Minorities under the Union and States;
(b) monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures;
(c) make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the Central Government or the State Governments;
(d) look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities;
(e) cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal;
(f) conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities;
(g) suggest appropriate measures in respect of any minority to be undertaken by the Central Government or the State Government;
(h) make periodical or special reports to the Central Government on any matter pertaining to minorities and in particular the difficulties confronted by them; and
(i) any other matter which may be referred to it by the Central Government.
The Commission shall, while performing any of the functions shall have all the powers of a Civil Court in respect of the following matters, namely :
(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.
The Commission has devised its own procedure to deal with the grievances from minority communities. The activities during the year are complied in the Annual Report which are submitted to the Ministry of Social Justice & Empowerment for placing the same in the Parliament.
3. The brief resume of the bio-data of members of the third statutory Commission is as follows :-
Justice Mahammed Shamim
Chairman
After a post graduation from Aligarh Muslim University and LL.B. from Agra University, Justice Mohd. Shamim entered legal practice in 1959 and continued till 1964. He joined the U.P. Judicial Service in May, 1964 and became a Sub Judge 1st class in Delhi in 1971. He was appointed as a permanent Judge of the Delhi High Court on 8.5.92. During the course of his judicial career, he has heard and disposed of several important legal cases.
Shri Tarlochan Singh
Vice Chairman
After a Post graduation in Economics from Punjab University, he started his career as PRO of the Bhakra Dam Projects in 1958 and rose to be the Press Secretary to the President of India. During his distinguished professional career, he held the important post of Director, Public Relations and Publicity in the IXth Asian Games in 1982. He is Vice President of the Indian Olympic Association and Indian Archery Association. As the head of the Culture and Museum Deptt. of Punjab, he established the Maharaja Ranjit Singh Museum, Amritsar (1982), the Guru Teg Bahadur Museum in Anand Pur Sahib (1978) and the Shaheed Bhagat Singh Museum in Khatkar Kalan (!982). As Chairman and Managing Director of Delhi Tourism, he developed 'Hauz Khas Village' and 'Dilli Haat' as attractive tourist destinations.
Shri V.K.Dhar
Member
After pursuing a teaching career at Govt. College, Chandigarh, Shri V.K. Dar joined Indian Administrative Service in 1955. During the course of his professional career, he held many important posts such as MD IISCO, Chairman, Sponge Iron (India) Ltd., Additional Secretary (Banking) Ministry of Finance, Secretary (Revenue) Ministry of Finance, Secretary Ministry of Industry and Chairman, Company Law Board, He was elected as Executive Director, Assembly of the International Centre for Public Enterprises, Ljubljana, Solvenia and held this post from 1988 to 1996.
Padma Bhushan Lt. Gen. (Retd.)
A.M.Sethna PVSM AVSM
Member
After a distinguished service in the Indian Army from 1943-1983, he retired as Vice-Chief of the Army Staff. He was awarded three decorations for distinguished service (i) Ati Vishist Sewa medal in 1972 (ii) Param Vishist Sewa medal in 1981 and Padma Bhushan in 1983. He was also awarded the Dadabhai Naoroji Award for National Integration. After retirement from the Army, he has been deeply involved with a number of community, social and charitable activities.
Shri Shamim Kazim
Member
After a Post Graduation from the Aligarh Muslim University he underwent a professional International Bankers course at the Midlands Bank, London. As Managing Director cum Chief Executive of the Bombay Mercantile Bank Ltd., he had an extensive exposure to the financial sector and a deep insight into the economic and social problems of not only the Muslim minority community but other communities at large. He also holds the honour of being the President of All India Shia Conference, a Member of the Court of the Aligarh Muslim University. During the course of his social service, he was honoured with the OISCA-INDIA Award (Japanese Award), Lion's International Award and Aman Award, 1991.
Rev. T.K. Lochen Tulku Rinpoche
Member
A post graduate in Sutra, Tantra and Buddhist Philosophy from the Institute of Buddhist Dialectics, Dharamsala and other Monastic Universities, he is highly revered by the Himalayan people as a spiritual teacher, guide and philosopher. He is the 19th incarnation of Lotsawa Rinchen Zangpo who was instrumental in second diffusion of Buddhism in Tibet during the 9th and 10th Centuries. He was born in Kinnaur district of Himachal Pradesh and is the Spiritual Head & Director of the Key Monastery, Spiti, Himachal Pradesh.
He was also the head of several prestigious organizations like the Buddhist Cultural Association, New Delhi, the Tashilumpo Monastic University, Karnataka, etc.
Shri John Joseph
Member
Shri John Joseph was also a member of the 1st National Commission for Minorities from 1993-1996. He was the Chief Editor of "Asadhu", a Malayalam monthly and managing editor of "World Evangel" a Christian weekly in Malayalam. He is closely associated with several social and human rights organizations. He was awarded a special award of Honour in 1994 for social work by the All India Christian Leaders Conference. He is a multi-dimensional personality with vast administrative experience. He has had an extensive exposure in the trade union field having dealt with thousands of workmen from different trades as the president of many trade unions for 12 years. He is endowed with diplomatic skills and has successfully conducted several missions abroad, winning wide acclaim.
State Minorities Commissions/ Boards
The National Commission for Minorities set up under the Act is the statutory body at the national level in the country. Besides various States have set up the State Minorities Commissions either under the State Act or the State Administrative instructions. In some of the States, the Boards have been set up for the protection and welfare of the minorities. The following States have set up the Commissions :-
Andhra Pradesh on,Bihar on,Karnataka on 07.01.2001,Madhya Pradesh on 23.10.1999, Rajasthan on 27.09.2001,Tamilnadu on 03.10.2001, Uttar Pradesh on 10.07.2001, Maharashtra on 24.07.2000, West Bengal on 12.07.1996,Chhatisgarh on 12.07.2001, Delhi on
The States of Assam has set up Assam Minorities Development Board, Gujarat has Minorities Finance & Development Corporation and Haryana has Mewat Development Agency.
Part II
The activities undertaken by the third Statutory Commission are as follows
Jammu & Kashmir
Although the Commission does not have the jurisdiction over the State of Jammu & Kashmir, the Commission visited J&K during the period 30th March to 1st April, 2000 on the personal invitation of its Chief Minister. Besides meeting the Chief Minister and his senior officers in Jammu, the Commission visited a Refugee Camp and held detailed discussions with members of the Kashmiri Migrant community.
The Commission attended the Bhog ceremony at Chhatisinghpura and expressed its condolences to the bereaved families. The Commission also met the leading elements of the All India Sikh community during this period.A report was presented to the Government at the level of the PM and the Home Minister on 13.04.2000. The Government placed before Parliament its point of view alongwith the points made by the Commission.
Agra & Mathura
The Commission visited the Agra and Mathura areas immediately after reports of the incidents of atrocities on Christians in this area reached it. The Commission submitted a report to the Government on 27.04.2001.
Kashmiri Pandits
The Commission had, in a special report made in April 1999 recommended that the Union Home Minister accord State level minority status to the Hindus in Jammu & Kashmir and some other States. The present Commission in its very first meeting held on 9.3.2000, again considered this matter and resolved that (i) the Kashmiri Pandits should be declared a minority community at the national level and a formal notification for this purpose should be issued by the Central Government and (ii) the territorial jurisdiction of the NCM Act, 1992 should be extended to the State of J&K. This recommendation was conveyed to the Union Government on 01.05.2000.
No recruitment/competitive exams on the day of festival of any minority community
The Commission in its meeting held on 10.5.2000 considered complaints about the holding of recruitment/competitive examinations by some Govt. recruiting agencies on the festival days of minority communities. The Commission observed that this is quite traumatic to the community concerned because the candidates belonging to that community are not able to fully utilize the employment opportunity in such an eventuality. Therefore, the Commission recommended that no recruitment/ competitive examination should be fixed / held on the day of festival of any minority community and recurrence of such things should be avoided by all the major recruiting agencies like UPSC, SSC, Banking Services Recruitment Board, Railway Recruitment Boards, etc. This recommendation was sent to all the concerned recruiting agencies, all Ministries of the Central Govt., all the State Govts. and all State Minority Commission/Boards on 29.05.2000
Opening of Offices on the festival days of minorities and declaring Easter day as Holiday
The Commission had earlier taken up this issue in the meeting held on 10.05.2000 and wrote to all concerned agencies on 29.05.2000 that no examination be conducted on the day of festival of any minority community.
The Commission reviewed the position and noticed that some Ministries/organizations and recruitment agencies keep their offices open and continues to conduct official business/tests on holidays of religious festivals of minority communities. The Commission again took 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 declared as a holiday on account of a religious festival of a minority community. The Commission also recommended on 20.06.2001 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.
Chairman writes to the Union Minister for Rural Development
Chairman NCM wrote to Shri Sundar Lal Patwa, Union Minister for Rural Development on 30.05.2000 inviting his attention to the 15 Point Programme for the welfare of minorities emphasizing that in various development programmes including 20 Point Programme, care should be taken to see that minorities secure fair and adequate measure of the benefits flowing therefrom. The members of minority communities should be actively involved in various committees set up to oversee the implementation of such programmes,. Chairman impressed upon the Minister to ensure adequate benefits flow to the minorities in the development programmes implemented by his Ministry.
TADA - Detenues
The Chairman, NCM, who is also an ex-officio member of the National Human Rights Commission, raised the issue regarding plight of TADA detenues in the country in a formal meeting of the NHRC. Justice R.S. Verma, Chairman, NHRC agreed to plead the case of TADA detenues in the Supreme Court of India. The detailed information about pending cases under TADA, collected by NCM, has been furnished to NHRC for further necessary action on 06.06.2000.
Identification of Minority Concentration Districts in the country
The list of 41 Minority Concentration Districts (MCDs) was prepared in 1987 on the basis of 1981 Census data. It was based on a broad criterion of 20% or more minority population in a District. The matter regarding revising the list of MCDs has been under consideration of the GOI in consultation with NCM, but the list recommended by the NCM on 1991 census data was very long which was not accepted by the Ministry of Social Justice & Empowerment. They desired to reduce the list by placing more emphasis on the really backward regions. The Commission accordingly decided to finalise the list in consultation with the State Govts., as they were better able to assess the actual status of minorities in such districts.
District Bulandshahr (U.P.)
Secretary, NCM visited District Bulandshahr U.P. and held a meeting with the District Magistrate,Chief Development Officer and the SDMs to obtain information about the educational and socio-economic development of the minorities in the district. It was observed that in spite of the communal divide, the muslim community was doing reasonably well in the economic sphere, although education was not receiving due attention. There was a considerable awareness about rural development schemes.
Insurance cover to the traders of riot prone areas
The Commission in its meeting held on 16.8.2000 took cognizance of the plight of the traders especially those belonging to minority communities in the riot prone areas and observed that such traders are largely exposed to the ill effects of the activities of anti-social elements during communal riots. The Commission recommended to the Union Finance Minister that the traders of riot prone areas should be given a suitable insurance cover by the Government.
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.
Census data on Socio-Economic and Education status of minorities - Commission summons the Census Commissioner
The Commission earlier recommended that the Census data collected by the Registrar General of India particularly its Economic, Socio-cultural, Migration, House and Household amenities tables should be cross tabulated on the parameter of religion as well, and should be published. This was proposed to be ensured in respect of the forthcoming Census of 2001. The Commission called the Census Commissioner in its office on 29th January, 2001 and discussed in detail the difficulties faced by them in implementing the said recommendation of the Commission.
Minority Educational Institutions in Maharashtra
A large number of complaints were received in the Commission from various organizations in Maharashtra State about problems in getting permission/recognition for establishing Urdu medium schools and upgradation of already established minority institutions to Secondary and Higher Secondary level. After detailed deliberations on the cases of 23 such institutions, the Commission summoned the Secretary, School Education, Maharashtra State on 30th January, 2001 and finally recommended on 15.02.2001 to the State Govt. of Maharashtra that they should review their policy about giving permission for establishment/recognition of schools ensuring that minorities are not denied their constitutional rights to establish institutions of their choice in the State.
The U.P. Regulation of Public Religious Building and Places Bill 2000
The Ministry of Social Justice & Empowerment sought comments of the NCM on the U.P. Regulation of Public Religious Building and Places Bill, 2000 which was sent to them by the Ministry of Home Affairs for their observations. The Commission, after due deliberation on the proposed legislation, recommended on 16.02.2001 that the assent of the President may not be accorded to the Bill as the same was not constitutionally valid.
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 on 26.02.2001 to 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.
New Draft 15-Point Programme
The Ministry of Social Justice & Empowerment sought Commission's comments on the revised draft of the 15-Point Programme. The draft had been extensively revised and sent to the Ministry on 30.03.2001.
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.
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 on 26.04.2001 to Sri Brajesh Mishra, PPS to P.M. and the Lt. Governor of Delhi emphasizing that distortions in this regard should be removed.
Press Council of India reprimands Panchjanya
The Chairman, National Commission for Minorities wrote to the Chairman, Press Council of India on 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 on 26.06.2000 to Justice Sawan the Chairman of the Press Council of India to take a suo-moto cognizance of such reporting and take appropriate 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 "Panchjanya" for publishing the objectionable and inflammatory material.
Problems in observance of Chehulum - Dargah Shah -e-Mardan Jor Bagh, New Delhi.
The President, Anjuman-e-Haidri, New Delhi made a complaint to 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 in May, 2001 to ensure necessary arrangements for a smooth conduct of the religious function and to allow raising of Shamiana on the 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.
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.
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 14.06.2001 on their grand success.
Visit of Mr. M.EI. 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 discussed various matters of mutual interest. Sri Guisse was apprised of the NCM's functioning and its role to safeguard 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 the context of relevant provisions of Constitution of India.
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 on 20.06.2001 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.
Introduction of a Central Interest Subsidy Scheme for riot affected borrowers of minority communities
The question of rehabilitation of the victims of the communal riots in the country had engaged the attention of the Commission. The Commission observed a growing trend of attacks on trade/business establishment of minorities during communal riots. In the absence of any scheme for giving compensation and also arrangements for soft loan, the rehabilitation of those who suffered losses in their business establishment had become very difficult. In the case of 1984 riots 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 on 20.06.2001 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.
The Commission appreciated the action taken by the PCI in reprimanding the "Panchajanya" for publishing the objectionable and inflammatory material.
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 on 19.07.2001 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.
Commission's recommendations on the communal violence in Buldana (Maharashtra)
The National Commission for Minorities received a complaint regarding communal violence ub Vykdaba (Maharashtra) resulting in loss of life and injuries to the minorities.
The Commission took up the matter with the Govt. of Maharashtra and a detailed reply was received from the State Govt. and noted that one person died in police firing and two persons sustained bullet injuries while 12 persons were injured in stone pelting. Three police officers and six policemen were also injured. The property worth Rs. 6 to 6.50 lakhs was damaged. No compensation was awarded to the next of kin of deceased Shri Washim, who's death was due to police firing. The State Government denied the compensation by lodging a case against the dead person.
The Commission examined the matter and recommended the following to the State Govt. of Maharashtra:-
a) The compensation to the next of kin of the deceased Shri M. Washim may immediately be paid to a tune of Rs. 2.00 lakhs on the lines of the Delhi High Court decision in the case of Smt. Bhajan Kaur vs. Govt. of Delhi and NCM earlier recommendation dated 25.11.1997. This should be done after withdrawing the criminal case against the person, who died in the police firing.
(b) Adequate compensation be awarded to the injured persons.
(c) The State Govt. should award adequate compensation for the loss of property.
Commission's interaction with CEO Pasar Bharati
Shri Anil Baijal, Chief Executive Officer, Prasar Bharati was summoned by the Commission on 29.08.2001 to discuss the matters relating to the failure of Doordarshan to disseminate the achievements of NCM on restoring communal harmony in the country. This was a major breakthrough in its functioning during the last two years.
Shri Baijal assured the Commission that he will streamline procedures in Doordarshan to ensure proper coverage to the Commission's activities and achievements on the minority related issues. Subsequently, the Prasar Bharati and Doordarshan have specifically directed Sri Manoj Pandey, Director, News, Sri Shekhar Choudhary, Dy. Controller of Programmes and Sri Harish Awasthi, DG, CD to regularly interact with the Commission and give due coverage in the Doordarshan programmes and news.
Sri Bimal Jalan, Governor, RBI meets the Commission on 12.09.2001
Sri Bimal Jalan, Governor, Reserve Bank of India was invited to meet the Commission on 12.09.2001 to discuss the credit flow to minority communities from the Public Sector Banks. The Commission stressed the need for RBI to reiterate/review its instructions on the credit flow to minorities, as there was a considerable lack of awareness among the minorities about available schemes and the facilities provided by the Public Sector Banks. Further, there was a lack of implementation of the RBI's instructions in letter and spirit. The RBI was urged to evolve a more workable system so that the Commission gets a regular feed back.
RBI Governor opined that the Banks need to adopt proactive role to improve the credit flow situation. He felt that this was possible with better motivation, strong supervision and regulatory measures. He mentioned that self help group and NGOs amongst minority communities could play an important role in creating awareness and assisting implementation of self -help projects among the minority communities, and for availing the credit facilities. The RBI would establish a focal point at an apex level to regularly monitor the functioning of the Bank branches and discuss the issues at the higher level to make it more effective. The Banks at micro level would be asked to ensure to carry out extension work so as to reach out to the poorer sections of the minority communities.
Sri Jalan also identified creation of micro credit societies to improve the situation. He assured the Commission that the situation would improve within a period of six months and he would report back to the Commission thereafter
Commission asks States/U.T. Administrations to take prompt action on the directions/communications sent by the Commission to them
During the course of discharge of its statutory duties to monitor working of rights and safeguards provided in the Constitution and the Laws of the country for the minorities and to look into specific complaints regarding deprivation of such rights and safeguards, the Commission has observed that the information sought by the Commission is not furnished or sent in parts or delayed by the authorities. Further, the Commission also observed that when some officials are summoned for direct
hearing in important cases, the authorities seek adjournments on some pretext or the other. Taking cognizance of the delays in the implementation of the Commission's orders, the Commission had asked the State Governments/UTs to issue strict instructions at the level of Chief Secretary to all concerned departmental/district authorities to take prompt action on the communications received from the Commission and also that the summons issued by the Commission requiring attendance of a person/official should be strictly complied with. Accordingly, a D.O. letter from the Secretary, NCM was issued to all the State/ U.T. Chief Secretaries on 21.09.2001 and copies have been forwarded to all the District Magistrates of all the Districts in the country by the Joint Secretary.
Commission writes to the State Chief Secretaries for taking preemptive measures to protect the minority communities as a result of America's proposed action against Afghanistan
The Commission took cognizance of the tension building up in the sub-continent against the backdrop of America's proposed military action against Afghanisan. The Commission felt concerned about the protection of minorities in the country as a back-lash to American action in countries in our vicinity. Accordingly, a D.O. letter dated 24.09.2001 from Secretary has been sent to all the Chief Secretaries of States/UTs requesting to review the situation in the sensitive areas to ensure that all preemptive measures are taken to protect the minority communities.
Case of Shri Harpal Singh, General Secretary, Gurudwara Prabandhak Committee, Varanasi regarding illegal encroachment on the property of Guru Granth Sahib
The Commission took cognizance of a complaint of Shri Harpal Singh, General Secretary, Gurudwara Prabandhak Committee, Varanasi who stated that about 350 years ago, Shri Guru Tegh Bahadur Singhji visited Varanasi and performed meditation there for 7 months and 13 days. The site was later converted into a Gurudwara. The buildings where Guru Tegh Bahadurji stayed are CK 58/1, CK 58/2 and CK 19/15. The management of these places was in the hands of Mahants. After the partition of India, Building No. CK 58/2 came under the management of urudwara Parbandhak Committee. The remaining buildings have, Baba Shri Chand Temple, a residential school Library and installation of Guru Granth Sahib. The minor Mahant of Udaseen Panth, custodian of property has sold the property of Guru Granth Sahib to a land mafia, after obtaining a permission from the Commissioner, Varanasi on the condition to deposit Rs. 14.58 lakhs in a Nationalised Bank and leaving 300 sq. ft. land for temple, Student's hostel and Library. It was alleged that no such amount had been deposited in the Bank and the land of 300 sq. ft. was totally inadequate for the temple/hostel. The land mafia had started construction of a commercial building by demolishing the Temple and Gurudwara. They had also shifted the Nishan Saheb, overnight. The petitioner requested that this historical site of Guru Granth Sahib be saved from the land mafia and the property be handed over to the local Sikh community.
The Commission summoned the District Magistrate on 26.09.2001 and again summoned Divisional Commissioner as well as Vice Chairman, Varanasi Development Authority, Varanasi on 08.11.2001 and discussed the matter in detail. As per directions of the Commission, Secretary took the meeting in which complainant organization was also heard. After having detailed discussions and ascertaining the legal status of the property, the parties were advised for an amicable settlement of the dispute to the satisfaction of the complainants and the authorities. The officials agreed to give a sympathetic consideration.
National Council for Educational Research & Training
Director NCERT, Shri J.S. Rajput alongwith other senior officials were summoned on 11th October, 2001 to discuss the issue relating to objectionable material especially relating to Sikh Gurus that appeared in the text books approved by NCERT.
The Chairman, Vice Chairman and Members pointed out that the objective of Education Policy should be secular, wherein children should be taught about all the religions and respect for all religions to avoid narrow outlook which is considered to be a cause of communal tension in the country. Director, NCERT mentioned that the new syllabus, stresses need to teach education rooted in Indian reality and its composite culture. He stated a caution shall be taken about education relating to religions and all steps should be taken that no personal prejudice or narrow minded perceptions are included in text books.
Visit of NCM team to Malegaon
The National Commission for Minorities had deputed its team comprising of Hon'ble Members of the Commission Lt. Gen. (Retd.) A.M. Sethna, PVSM AVSM and Shri John Joseph to visit Malegaon for on the spot enquiry of the situation arising out of the communal riot in the town on 26.10.2001. The team visited the town on 06.11.2001 and held a meeting with Additional Chief Secretary, D.G. (Police) and other officials of the State Govt. The team submitted details of the incident and the circumstances under which the riot broke out in Malegaon and made following recommendations to the State Govt. and Govt. of India for appropriate action :-
(i) The State Government should immediately announce and pay a relief package to the riot victims which should include compensation to the next of kin of those killed to a tune of Rs. 2.00 lakhs per death, payment for treatment of all those injured in police firing, compensation against loss of property and immediate rehabilitation of poor and small shopkeepers, who lost their livelihood due to riots.
(ii) The State Government of Maharashtra should immediately announce a package of economic, social and administrative reforms, with a view to improve the economy and industrial development infrastructure which interalia included setting up of an Industrial Development Corporation in Malegaon, Upgrading the status of Municipality to a Corporation, declaring Malegaon as independent district providing civil and police officers of the required status.
(iii) The State Government should get all the damaged religious places, mosques and temples repaired at State expenses, without any delay.
(iii) The District Administration should take an initiative to ensure that the persons living in the villages surrounding Malegaon are quickly given backing and confidence for their rehabilitation back to their places.
(iv) The State Government should take drastic steps to restore the eroded confidence of the Muslim minority community in the Police. The proportion of Muslims in the police is negligible and, therefore, it is advisable to post some officers/policemen belonging to Muslim minority community in Malegaon. At the same time, it is necessary to ensure adequate recruitment of minority communities in the Police in various ranks.
Observance of Quami Ekta Week
The Commission observed Quami Ekta Week from 19th November to 25th November, 2001. A National Integration Pledge was taken by all the Officers/officials of the Commission on 19th November, 2001.
Delhi Chief Secretary Hearing
The Commission called Shri P.S. Bhatnagar, Chief Secretary, NCT of Delhi on 20.11.2001 to discuss various issues relating to minority institutions. Chairman briefly mentioned that inclusion of Government nominees in the governing bodies of minority institutions under Govt. of NCT of Delhi was not desirable as it did not allow the minority institutions to function smoothly. He further emphasized that minority institutions should be given minority status to enable them to get benefits as minority institutions. Chairman further pointed out that the fee of Rs.10,000/- proposed to be charged for granting minority status was not proper, which should be discontinued. Chief Secretary explained that the nominees have been appointed to monitor the grants given to the minority institutions by the NCT of Delhi. Chairman explained that this aspect could be looked into by the Audit. After detailed discussions, it was agreed that :-
(a) Chief Secretary will review the issue of fee of Rs. 10,000/- from the minority institutions.
(b) The names of minority institutions in Delhi shall be reviewed and a copy thereof shall be sent to the Commission.
(c) Director (Education) shall issue a circular that the nominees of the NCT of Delhi have no effective role in the governing body meetings of minority institutions.
Chairperson Rural Litigation and Entitlement Kendra
Chairperson Rural Litigation and Entitlement Kendra Dehradun requested the Commission to permit its student of postgraduate Diploma course in Human Rights to visit the NCM. Accordingly, the students from India, Bangladesh and Nepal visited the Commission on 22.11.2001 and interacted with the Commission which interalia related to role, jurisdiction and powers of the Commission. Chairman explained the role of NCM under the NCM Act, 1992 and various provisions in the Constitution of India relating to Minorities. All queries were answered. The participants thanked the Commission.
Part III
The acheivements of the third statutory Commission are as follows
Statutory status to the State Minority Commissions
In the first meeting of the new Commission held on 9.3.2000, the Commission addressed those State Govt./UTs which did not have established State Minorities Commission or those who had not vested in them a statutory status. The Commission wrote to the respective State/ UT Govts. accordingly.
New Minorities Department in Karnataka
The Government of Karnataka has set up a Separate Minorities Welfare Department, in response to the Commission's standing recommendation to this effect. On the recommendation of the Commission, such Departments have been set up in Andhra
Pradesh (1993), Uttar Pradesh (1996), West Bengal (1996) and Assam (1998).
Delhi State Minorities Commission Bill
The Government of Delhi has set up a three-member ad hoc State Minorities Commission. On 14th July, 1999, a meeting with the members of the newly set up Delhi State Minorities Commission was held in the NCM. A Draft-Bill for giving it statutory status prepared on the model of the NCM Act, 1992 was examined in depth on the State Government's request and finalised.
Corporation Status for Gujarat Minorities Board
The Gujarat Minorities Board functioning since 1981 was elevated to a Corporation by the previous State Government, but the implementation of the decision was withheld by the present Government. On the recommendation of the NCM, the State Government has now finally given it the status of a Corporation.
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 made a similar recommendation to other State Governments 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 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 informed that he has been appointed as LDC in Bulandshahar, Collectorate.
Nomination of a Sikh Member in the Karnataka State Minorities Commission at the intervention of NCM
Hon'ble Vice Chairman wrote to the Chief Minister, Karnataka pointing out that it was heartening to note that Karnataka State Government had set up a State Minorities Commission to look after the interests of the important minorities in the State, but there was no Sikh member in the State Commission. The Chief Minister was requested to nominate a Member from the Sikh community in the State Minorities Commission. The Government of Karnataka have informed that a Sikh Member, Sri Kuldeep Singh Rekhi, resident of Bangalore has since been nominated as Member of the Karnataka State Minorities Commission.
Black list of Sikh NRIs cut to 50
Since February, 2000, the Commission has been in correspondence with the Union Govt. to review the black list of the Sikhs, prepared after 1984 riots. Due to the personal and persistent intervention of Sri Tarlochan Singh, Hon'ble Vice Chairman, NCM and discussions with the top officials in the MHA the list has now been reduced to 50 persons only.
UK to open Visa Office in Jalandhar
Due to persistent efforts made by Sri Tarlochan Singh, Hon'ble Vice Chairman, NCM for the last one year the Govt. of UK has decided to open its visa office in Jalandhar. Since 90% of the relatives of the Indians residing in UK lived in Punjab, Jalandhar has been chosen for the visa office by UK. The Vice Chairman has also taken up the matter with the Ministry of Home Affairs for opening a visa office in Punjab for the Indian immigrants in Canada.
Sardar Sobha Singh birth celebrations
The State Chief Ministers of Himachal Pradesh and Punjab were requested to take proper measures to safeguard the Sardar Sobha Singh Art Gallery at Andreita, Distt. Kangra (H.P.) and also to have appropriate celebration of the birth centenary of the great artist on 29.11.2001. Commission also wrote to the Union Communication Minister to release commemorative stamp by the Deptt. of Post as a tribute to the artist. The State Govt. vide its letter dated 06.07.2001 informed the Commission that to celebrate the birth centenary of Sardar Sobha Singh, the State Govt. has decided to undertake the following programmes:-
(i) Seminars and workshop on the life and works of Sardar Sobha Singh.
(ii) On the spot painting competition of College going children on 29.11.2001.
(iii) Bringing out a folder on the life and works of Sardar Sobha Singh.
(iv) Naming of a Road and the Govt. High School at Palampur, after the name of Sardar Sobha Singh.
Further, the Govt. of Punjab has formed a committee to celebrate the Sardar Sobha Singh Birth centenary.
Chairman, NCM has sent a letter congratulating Chief Minister of Himachal Pradesh and their officials for prompt action.
Selection of Sardar Joginder Singh for Arjuna Award on VC's recommen-dations
Hon'ble Vice Chairman, NCM took up the case of an athlete Sardar Joginder Singh Bedi, of Nagpur, a handicapped, who won three medals in USA for conferring Arjuna Award, with the Govt. of India. S. Joginder Singh Bedi was selected for 'Arjuna Award'.
Principal, Regional College of Technology, Bhopal - Commission's intervention to restore the authority
The Principal, Regional College of Technology, Bhopal, who belongs to a minority community complained to the Commission about undue interference and harassment by the Chairman of the College who happened to be the Minister of Technical Education and Manpower Planning of the Government of M.P. The Principal of the College felt desperate, as he was not allowed to exercise his administrative powers and decisions about the matters falling under his jurisdiction as decisions were taken by the Minister. Hon'ble Vice Chairman, National Commission for Minorities took up the matter with Shri Digvijay Singh, the Chief Minister of Madhya Pradesh and Shri Murli Manohar Joshi, the Union Minister of Human Resource Development. The Hon'ble Chief Minister intervened in the matter and sorted it out after talking to the minister concerned. He assured the Hon'ble Vice Chairman that the College shall flourish in an atmosphere of autonomy.
Representation from Dr. J.C. Edward r/o Bangalore regarding payment of pension arrears from 01.01.1995
A representation from Dr. J.C. Edward r/o Bangalore was received in the Commission, wherein he stated that he was not getting his pension from U.P. Govt. since 01.01.1995, he requested the Commission for help in the matter.
The matter was taken up with the U.P.Govt. The reply received from the U.P. Government vide letter dated 13.06.2001 informed that the State Finance Department decided not to invoke the clause which restricted inter state transfer of pension in this case. Consequently, the State Agriculture Deptt. wrote to the A.G. Allahabad and Financial Controller, Higher Education on 22.03.2001 intimating them of waiver of above restrictive stipulation, and transmission of records to A.G. Karnataka by Financial Controller, DHE through A.G.U.P. Allahabad. The former has also been instructed to make payment of the due amount to the wife of the deceased.
Complaint of Shri Mohd. Mustaqeem, r/o Hardoi (U.P.) regarding problems faced by him on the establishment of his Electronic Unit.
A representation was received in the Commission from Shri Mohd. Mustaqeem r/o Village Alampur, Distt. Hardoi, U.P.for fulfillment of his several demands regarding the problems faced by him in securing loans for establishment of his electronic unit.
The matter was taken up with the Chief Secretary, Govt. of U.P., Lucknow. Reply received from the Govt. of U.P. in June, 2001 was considered by the Commission and found as unsatisfactory. The matter was again taken up in July, 2001 for sending the full details, as to why the full amount of sanctioned loan was not disbursed to the complainant. The Govt. of U.P. sent their reply stating that for the establishment of his electronic unit in 1995-96, an amount of Rs. 5.00 Lakhs of loan was sanctioned to Shri Mohd. Mustaqeem under the C.B.C. Scheme. Out of which Rs. 2.15 Lakhs was already paid to him and necessary action has been taken for release of payment of balance amount as working capital to Shri Mustaqeem after completion of necessary formalities in the matter. The Commission accepted the reply and a copy of the communication was sent to the complainant for information.
Regional Passport Office, Chandigarh
The Commission had received a representation from Nanag Namgial Negi Distt. Kinnaur alleging that the Passport had been refused by Regional Passport Officer, Chandigarh to bonafide Indian Buddhist of border areas on the ground of citizenship certificate from the Ministry of Home Affairs. The matter was placed before the Commission on 14.02.2001 and taken up with the Chief Passport Officer, Ministry of External Affairs. The Ministry of External Affairs had replied that the Passport is issued only when Indian Nationality is established beyond doubt through Police verification and on production of documentary proof of acquiring Indian citizenship. On 27.04.2001, the matter was taken up with the Secretary, Ministry of External Affairs for issue of appropriate directions to the Regional Passport Officer. The Ministry of External Affairs, New Delhi has filed a reply before the Commission stating that due to the doubt of citizenship of Mr. Nawan, the RPO carried out further investigation under Section 5(2) of the Passport Act, 1967. The applicant had submitted a birth certificate on plain paper which was not as per the prescribed proforma for a birth certificate. The citizenship certificate of the petitioner was not accepted as per the guidelines of the Ministry of Home Affairs. The case was delayed for completion of procedural requirement. RPO, Chandigarh has informed the Ministry that a Passport has been issued to the petitioner.
Representation of Shri Syed Azizul Rahman (Retd.) Head Constable regarding wrong fixation of his pension
The Commission received a representation from Shri Syed Azizul Rahman, Head Constable, GRP, who retired from Railways in July, 1996. His pension was fixed at a much lower stage than the average of the last pay drawn by him. The Commission sought clarification regarding his reduced pension from Financial Controller, Allahabad.
The Financial Controller, UP Police HQrs. Informed that Shri Rahman's pay was wrongly fixed by the Police Supdt. Railways, Moradabad by giving him Selection Grade that was limited to only those Constables who were appointed up to 1961 while the petitioner was appointed in 1963.
On the intervention of the Commission, his pension is being reviewed in the revised pay scale and arrears will be paid to him.
Hindu /Sikh refugees from Afghanistan - Result of Commission's intervention
The attention of the Commission was drawn to a large number of complaints on the problems being faced by Sikhs who had to leave Afghanistan and come to India with Afghanistan Passport, with stay visa being granted by the Govt. of India. They were required to spend huge money for getting extension of the validity of their Passport and for getting periodic extension of their visa. The matter was taken up by Hon'ble Vice Chairman, NCM, Shri Tarlochan Singh, with the Ministry of External Affairs. However, since the issue concerned the Ministry of Home Affairs, the papers were forwarded by the Ministry of External Affairs to the Ministry of Home Affairs. The former Secretary, NCM also wrote to Shri Kamal Pandey, Home Secretary about this issue. As the issue remained unresolved, a meeting was held in the Commission on 27th February, 2001 in which JS and Director of the Ministry of Home Affairs participated. They stated that the cases of such persons are being dealt by the Ministry of Home Affairs in accordance with the existing rules on the subject.
After detailed discussions, the Commission made the following interim recommendations on 23.03.2001 :-
(i) The problem of Afghan nationals of Indian origin who had to leave their country needs to be dealt in a more sympathetic manner, and if necessary, in relaxation of the provisions of the Foreigner's Act. GOI may give amnesty to all of them as regard passports and other documents are concerned.
(ii) The Afghan Hindu Sikh Welfare Society C-128, Greater Kailash - I , New Delhi may be considered as a representative organization of Afghan refugees of Indian origin, by the Ministry of Home Affairs. They may be authorized to authenticate the names of all refugees.
Hon'ble Vice Chairman wrote to Union Home Minister for his noble action as this had provided a much needed relief.
Representation regarding alleged harassment by the Police at Kurla Pipe Road, Bombay
The Commission had received a representation from Shri S.K. Asim and others stating that the police authorities of Bombay arrested some Muslims from Kurla Pipe Road on baseless grounds. A report was called for from the Govt. of Maharashtra. The Govt. of Maharashtra replied that due to the reaction of burning of Holy Quran in different parts of the country including Kurla and Vikhroli areas, six criminal offences were registered. Both Muslims and Hindus were arrested in this case and no particular community was targeted by the Police. The report was accepted by the Commission on 30th July, 2001.
Stoppage of illegal construction of Girls Junior High School on the Karbala Land Mauza Bihar Buzurg, Kushi Nagar, UP - After the intervention of NCM
Shri Aleemuddin, President, Intizamia Karbala Committee, Bihar Buzurg, Mungri Patti, Distt. Kushi Nagar, UP made a representation to the Commission stating that Plot No. 50 measuring 0.121. Acres (1210 sq. meters) of the village was Karbala Committee Land, on which one Shri Inder Narain Mishra had started construction of a Girls Junior High School despite the stay orders of Allahabad High Court.
The NCM took up the matter with the DM, Kushi Nagar, who intervened and has reported back that the construction of the school building has been suspended. He has also stated that Plot No. 50 measuring 0.121. Acres (1210 sq. meters) in Munger Patti, Bihar Buzurg is a Banjar (Barren) land and a portion of this land measuring 0.081 Acres (810 sq. meters) is in the name of Girls Junior High School. On persuasion by the District Administration, an agreement was reached on 12.06.2001 between the two communities, due to which the remaining portion of the said Plot 0.40 Hec (400 sq. meters) and Plot No. 35 measuring 0.053 Hec (530 sq.meters) total area 0.093 Hec (930 sq. meters) has been earmarked in the name of the Tazia Committee for the Tazia Mela. Hence the matter now stands settled.
Part IV
Constitution of National Commission for Minorities
By Justice Mohammed Shamim,
Chairman, NCM.
India is one of the biggest countries of the world. It is the second biggest country of the world as far as the population is concerned. The population of India consists of people professing different religions and culture. They speak different languages. Our Constitutions recognizes as many as 18 languages. India in this way can very well be compared to a garden having different plants with various hues and colours, of different shapes and sizes. Now the question, which comes to the tip of the tongue, is as to whether this diversity is the weakness of our nation? My answer to the above query is in a definite 'No'. I would say that it is our strength. Our first Prime Minister, Late Shri Jawaharlal Nehru while addressing the nation on the eve of the Independence, was fully conscious of the above fact and he adverted to it as 'Unity in Diversity'.
I found myself in perfect agreement with the above observation. Variety is the law of nature. No two persons are alike despite the fact that they may be real brothers. Variety lends charm and attraction. Nothing is so attractive as the opposite. Can we conceive of a garden with one kind of plants? We cannot. Such type of garden would not be worth the name.
Our Constitution framers were very much conscious of the above diversity. They were very keen on preserving it. They strove very hard to maintain it. As a corollary where of we find our Constitution one of the longest and a very elaborate document dealing with each and every facet of the above diversity. With the said end in view, they incorporated in the Constitution certain very material and relevant provisions to preserve the multifarious-ness alluded to above. Article 25 is the 1st such provision. I am tempted here to reproduce it. It lays down as under: -
"25. Freedom of conscience and free profession, practice and propagation of religion
(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.
(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law-
(a) Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice,
(b) Providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus."
It is manifest from above that everybody has not been given only the right to profess the religion but a right to propagate it as well. Thus, a man is also free to preach his religion and to propagate it for the edification of others.
T.T. Krishnamachari while speaking in Parliament in connection with the above provision in the Constitution observed and urged that "every religionist should be given the same right to propagate his religion and to convert people if he felt that it is a thing he has to do and it is a thing for which he has been born and it is his duty towards his God and community."
The above view was reiterated by the Supreme Court in Ratilal Panchand Vs State of Bombay ( 1954) S.C.R. Page 105 " Subject to the restriction which this Article imposes, every person has a fundamental right under our Constitution not merely to entertain such religious belief as may be approved of by his judgment or conscience but to exhibit his belief and ideas in such overt acts as are enjoined or sanctioned by his religion and further to propagate his religious view for the edification of others. It is immaterial also whether this propagation is made by a person in his individual capacity or on behalf of any church or institution."
Of course, while doing so he should conduct himself in a decent manner. He should not spread calumny, hatred against other religions because the said would be a crime u/s 153 of the IPC.
I am tempted here to cite with approval the memorable words of Arthur Koestler in his book, 'Suicide of a Nation'. He was of the view "Throughout the ages, painters and writers of the fantastic tales have been fond of creating 'chimeras' may own favorite brainchild is the momiphant. He is a phenomenon most of us have met in life; hybrid who combines the delicate frailness of 'Mimosa' crumbling at a touch when his own feelings are hurt, with the thick skinned robustness of the elephant trampling over feelings of others."
Thus, while propagating our religion for the edification of others, we should do so in such a way, having due regard to the feelings and sentiments of others. We should think twice before doing anything, before saying anything, which may hurt the feeling of others.
Article 26 of the Constitution of India grants freedom to manage religious affairs. It is couched in the following words," Subject to the public order, morality and health, every religious denomination or any section thereof shall have the right -
(a) To establish and maintain institutions for religious and charitable purposes;
(b) To manage its own affairs in matters of religion'
(c) To own and acquire movable and immovable property; and
(d) To administer such property in accordance of law."
Besides the above, there is Article 29 in the Constitution, which specifically deals with the protection of the interests of minorities. It envisages as under:-
1) Any section of the citizens, residing in the territory of India or any part there of having a distinct language, script or culture of its own shall have the right to conserve the same.
2) 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 of them."
It would be of interest to advert over here to the provisions of Article 30, which deals with the rights of the minorities to establish and administer educational institutions. It provides " All minorities whether based on religion or language, shall have the right to establish and administer educational institutions of their choice."
A careful scrutiny of Article 29 and 30 reveals the following:-
i) Right of any section of citizens to conserve its own language, script or culture;
ii) Right of all religious or linguistic minorities to establish and administer educational institutions of their choice;
iii) Right of an educational institution not to be discriminated against in the matter of State aid on the grounds that it is under management of a minority.
iv) Right of a citizen not to be denied admission into State maintained or State aided educational institution on ground only of religion, race, caste or language.
While interpreting the above two Articles, it was observed by the Supreme Court in Virendra Vs Delhi Administration (1990) (2) S.C.C. Page 307 Para 7. "Thus a linguistic minority has under Article 29 (1) the right to conserve its distinct language, script or culture and under Article 30 (1) it has the right to establish and administer educational institution of its choice."
The above provisions in the Constitution relating to safeguarding the interest of the minorities found a mention in Part III of the Constitution of India dealing with the fundamental rights. Thus, obviously the State has got no right to frame any law, which may be in breach, and violation of the above provisions of the Constitution because the laws so framed would be declared as null and void and ultra vires the Constitution, on being approached by the courts. I am tempted here to cite the analogous provision in the Constitution of United States of America. It is in the following words." Congress shall make no law respecting any establishment of religion or… prohibiting a free exercise thereof." It was the anxiety of the founding fathers of the Constitution to keep the culture, language and religion of minorities intact that is why the provisions relating to them were incorporated in Part III of the Constitution dealing with the Fundamental Rights.
Besides the above provisions which relate specifically to the minorities, there are other provisions in the Constitution, which are applicable to all the citizens of the country including minorities, are of immense importance as they confer several rights on the citizens to safeguard their liberty and freedom.
Equality before law is guaranteed by Article 14 of the Constitution. Prohibition of discrimination on ground of religion, race, caste, sex or place of birth finds a mention in Article 15. Equality of opportunity in matters of public employment is ensured vide Article 16; Article 17 abolishes untouchability in any form. Protection with regard to freedom of speech has been conferred on every citizen vide Art. 19. Article 20 provides that no person shall be convicted of any offence except for violation of a law in force at the time of the commission of the offence. Article 21 grants protection of life and liberty to every person. Article 22 of the Constitution, on the other hand, deals with protection against arrest and detention.
I have dealt with very briefly with the above-cited provisions of the Constitution since they are applicable to all the citizens of the country including the minorities. Hence, besides the provisions of the Constitution, which have been referred to above in the body of the paper, the minorities have got these additional safeguards too.
The above discussions would be incomplete unless I refer to the Preamble of our Constitution. It reads as under:-
"We, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a (SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC) and to secure to all its citizens:
JUSTICE, social, economic and political;
LIBERTY, of thought, expression, belief, faith and worship;
EQULITY of status and of opportunity; and to promote among them all
FRATERNITY assuring the dignity of the individual and the unity and integrity of the National;"
It is a well recognized principle of law that the Preamble to the Constitution can be regarded as a key to its object and intention vide AIR 1951 Nad P.1015.
It is crystal clear from above that the framers of the Constitution wanted to establish a sovereign socialist secular democratic republic. The aim of the said democratic republic is to secure to its citizens justice and liberty of thought, expression, belief and faith, equality of status and opportunity.
The above intentions of the founding fathers of the Constitution, as far as the minorities are concerned, were given vent through Article 25, 26,29 and 30 of our Constitution.
We often lose sight of the preamble of the Constitution. But it is the very breath of a being. It sums up in short the essence of our Constitution. It serves as a 'beacon light; and show the direction in which we move to achieve our goals, the attitude which we should imbibe and which should imbue all our institutions. It also tells us, what we should strive to attain and achieve.
It is abundantly clear from the provisions of the Constitution, referred to above that the framers of our Constitution left no stone unturned to see to it that the minorities in the country feel safe and secure. That is why we find specific provisions in the Constitution, which deals with the interest of the minorities to protect their language, culture, and religion. They have further been left free even to propagate their religion and culture
However, of late have arisen certain misgivings in the mind of the members belonging to minority communities. They entertain certain apprehension, fears that their culture, religion and language are not safe. In the above scenario, a duty has been cast on the shoulders of the majority community to remove the said misgivings and to allay their fears and apprehensions and tell them that the same are without any basis, whatsoever. It is said and I say, with full justification that a good government is judged by the way it treats the minorities.
Role of Islam in 21st Century
By Justice Mohammed Shamim
Chairman, NCM
In order to determine as to what would be the role of Islam in 21st Century, we have to first identify the problems, which the teeming millions of this century are facing or are likely to face, in the near future.
At the first blush, the first problem which comes to my mind is in regard to peace which is evading this terra firma. Every responsible citizen of this cosmos is hankering after it, yet it is most elusive of all the things. Islam has got a very vital role to play in this regard. Islam is a religion of peace. Arabic root 'Slim' means 'submission'. A Muslim on meeting another Muslim conveys his regard to him in the following words, i.e., 'Assalamuleikum' which rendered into English would mean 'Let the peace be on you'. More elaborately speaking, while wishing him, he assures him that he would remain free from his mischief. The other person by replying also assures him likewise. So far as my knowledge goes, there is no other better term to show your regard to your fellow being.
Islam condemns war in all forms. War is permissible only in defence. If you are attacked, of course, you have got every right to repel that attack.
Prophet Mohammed (Let the peace be on him) always tried to avoid confrontation, which may lead to war. 'Treaty of Hudaibiyyah' is the most shining example how he tried to buy peace at all costs. While going to 'Holy Mecca' to perform 'Umra', he was confronted by an army of non-believers who resisted him from going to 'Mecca' to perform 'Umra'. Instead of fighting them, he entered into a treaty with them. The terms of the Treaty were most humiliating prima facie. Even his companions objected to them. However, he stuck to the terms to have peace. As per the terms of the Treaty, he agreed not to perform 'Umra/Haj' for a particular number of years. The non-believers then insisted that he should not show himself in the documents prepared for signing the Treaty as a 'Prophet'. He should be simply shown as Mohammed Son of Abdullah. Prophet agreed even to those humiliating terms because he wanted to have peace.
The other terms of Treaty were as under:-
(a) if any Meccan accepted Islam and wanted to settle in Madina, he must be surrendered to Quraish;
(b) if any of the Madinain Muslim should go to Mecca, the Meccans would not send him back.
A youth known as Abu Jindal, seriously injured, escaped from Mecca and came to Hudaibiyyah, he was forced to return despite the vehement opposition from his companions.
In the early days of preaching of Islam when he faced too much of resistance and opposition for his creed / message and was threatened to kill. Only two options were open to him, either to fight in self defence or to leave Mecca. He exercised the latter option and calmly and quietly left Mecca during night for Medina and made it his abode. This goes a long way to show that he considered peace above all things. He avoided violence and confrontation at all costs.
Later on, after the conquest of Mecca, he was again very benevolent to all the people, i.e., non-believers. He did not indulge in their persecution. He forgave and pardoned all. There is no other parallel example in the world history when after the conquest of a particular place no action was taken against any of the opponents.
Only 17 persons, who were guilty of specific crimes, were sentenced to death. However, anyone who sought forgiveness or somebody interceded on his or on her behalf, was forgiven. Five people who made no plea for clemency were put to death. One fled from Mecca and died a natural death.
The Holy Quran calls its way 'Path of Peace'. It describes reconciliation as the best policy and states quite plainly that God abhors violence / disturbance of peace.
Mecca was conquered in the year A.H.8. Yet he did not seek immediate implementation of Islamic laws in the House of God. The pilgrimage of Haj in that year was performed according to pre-Islamic customs.
The second pilgrimage of Haj was performed by the non-believers following their own customs and the Muslims their own.
It was only in the next year, A.H.9 that the Haj was performed according to Islamic tenets.
Islamic Revolution that occurred during the time of the Prophet was achieved at the cost of only 1018 lives. During the 23 years in which this Revolution took place, 259 Muslims and 759 non-Muslims died. In that case, it could legitimately be called a 'bloodless revolution'. Compare it with other revolutions. In Russian Revolution of 1917, thirteen million people lost their lives. Similarly, thousands of people lost their lives in French Revolution. Thus, this Islamic Revolution can serve as an eye-opener. If we tread the path shown by Islam, we can certainly attain the goal of peace.
The other problem which is besetting this world is with regard to discrimination and inequality. All men are born equal. Yet they are treated unequally. They are discriminated against on the ground of caste, creed, colour or race. Islam treats all as equal. Islam completely abolished all sorts of discrimination. According to the tenets of Islam, all human beings are equal. Nobody is better than or superior to the other on the ground that he belongs to a particular family, race, caste or religion. Islam, however, recognize one distinction, i.e., a man can be better than the other on the ground of his piety and conduct.
In his farewell address, the Prophet observed "You are all brothers and are equal. None can claim any privilege or any superiority over any other. An Arab is not to be preferred to a non-Arab, nor is a non-Arab to be preferred to an Arab, nor is a white man to be preferred to a coloured one, or a coloured one to a white except on the basis of righteousness (Masnad Ahmad).
This achievement of Islam has been recognized world over. H.G. Wells, an eminent writer, has got this to say in this regard. According to him, Islam did not merely preach justice and equality but implemented it in an exceptional manner. To use his own word, "They 'Muslims' created a society more free from widespread cruelty and social oppression than any society had ever been in the world'. (H.G. Wells, 'the Outline of History' - P.325)
Well known social reformer Swami Vivekanand has also acknowledged the practice of equality and indiscrimination in Islam. I am tempted here to quote his own words. "My experience is that if ever any religion approached to the equality in an appreciable manner, it is Islam and Islam alone." (Letters of Vivekananda - P.379)
This message of equality amongst human beings was conveyed by the Prophet by his words and actions. Hazrat Bilal, who was a Negro slave, was considered one of the closest to the Prophet. He was appointed, after a conquest of Mecca, a 'Muazzin' of Masjidul Huram, i.e., a person who calls Muslims to prayer.
One day Abu Dharr Al Ghifari was sitting next to a Muslim who was black. Abu Dharr addressed him as a 'black man". The Prophet was very displeased on hearing him and told Abu dharr to make amends, "Whites are not superior to blacks". He (Hazrat abu dharr) cast himself to the ground in remorse and said to the person he had offended "Stand up and rub your feet on my face.
The Prophet once saw a wealthy Muslim gathering up his loose garment to maintain a distance from a poor Muslim sitting next to him. Seeing this, Prophet observed, "are you scared of his poverty clinging to you?"
He married his cousin sister, 'Zainab' D/o Hajjash to a slave known as 'Zaid' s/o Haris.
Arnold J. Toynbee is of the following view on this point, "The extinction of race consciousness as between Muslims is one of the outstanding moral achievements of Islam and in the contemporary world there is, as it happens, a crying need for the propagation of this Islamic virtue."
Islam accords to the ladies / women folk a pride of place. There is absolutely no difference on the ground of gender/sex in Islam. Islam is the first religion in the world to have allowed to the females a share in the property left by her parents / husband. Prior to Islam, she did not enjoy any such rights. Again, Islam, is the first religion to have conferred on the womenfolk a right to divorce their husbands. Of course, there is a division of labour in Islam. A lady is enjoined to look after the affairs of the house. Whereas a male is asked to look after the outside matters. Thus, the wife is a Minister of Home Affairs whereas her husband is a Minister of External Affairs. In what esteem, Prophet held the female being is manifest from his following sayings:
"One who brings up one's daughters, teachers them good manners and morals, arranges their marriages and treats them with fairness, deserves to be ushered into paradise. "(Abu Dawud)
He then observed, "Paradise lies at the feet of mothers. " (As Suyuti)
He is again reported to have advised a man who came seeking permission to participate in 'Jehad' (Holy War). The Prophet asked him, "are your parents alive?" the man said "yes". He sent him away saying "then go back and find your Jehad in serving them".
One day a person approached the Prophet with a request to let him know as to who was supreme for him amongst all the human beings? The Prophet thereupon replied. "Your mother". He again asked who was then next to her? The Prophet again told him "Your mother" He then again put the same question as to who ranked next? Again the reply was, "Your mother". On being put the same question fourth time, the Prophet said, "Your father".
What has been stated above goes to show in unequivocal terms as to in what esteem, prophet held the ladies.
It is fully manifest from above discussion that Islam can play a very vital role in redressing the grievances of the people of this world, particularly that of the weaker sections of the society. The only requisite condition is that we follow the path shown by Islam in letter and spirit, then this world would be a better place to live in, i.e., where a man would treat another man as his brother and woman as his sister. There would be no discrimination on the basis of caste, creed and colour. Peace would permeate every nook and corner of this world and there would be happiness all round.
SYMPOSIUM ON REVIEW OF THE CONSTITUTION OF INDIA ON OCTOBER 13-14, 2001
KEYNOTE ADDRESS BY
S.TARLOCHAN SINGH, VICE CHAIRMAN
NATIONAL COMMISSION FOR MINORITIES
Dr. S. P. Singh, Vice-Chancellor & friends:
It is a matter of great honour and pleasure for all of us that Justice M. N. Venkatachaliah, Chairman, National Commission to Review the Working of the Indian Constitution is here today for enriching the deliberations of this Seminar. Added honour and pleasure is that Justice Kuldip Singh, an acknowledged luminary of judicial history is also here with us for the same cherished objective.
Ladies and Gentlemen, an exhaustive review of the Constitution was the need of the hour because of the fast changing socio-economic and political scenario of the country. Our worthy Prime Minister, Shri Atal Bihari Vajpayee, known for taking bold and right initiatives, took the present one also. A Constitution Review Commission was appointed, in spite of politically motivated criticism from many quarters. Constitution is not just a sacred book. It is an organic document charting out the path of good governance of the country. Whenever and wherever bottlenecks occurred, these were sought to be removed by amendments to the Constitution. So much so, even Article 368 which lays down the procedure for amendment was also amended so as to make our system truly parliamentary. The consultation papers issued by the National Commission on the issues which relate directly to the healthy body politic and society are definitely signposts on the terrain of deliberative debates. Amongst the august audience, those who are familiar with the contents of the papers must have known the determinate extent to which the Review Commission has braced itself up to go.
Being the Vice Chairman of the National Minority Commission, I am present here in my personal capacity in this gathering of academic luminaries. My views are not to be taken as of the Commission. I am concerned about the conditions of minorities in the country. The credit goes to the forefathers of the Constitution who created a secular State considering it as right rebuff to the plausibility of theocratic assumptions. Partition of the country was seen as a defeat of a secular nationalist vision. It seems as if social upheavals and disruptions had torn the nationalist fabric. The communal dragon poisoned the system with its extremely harmful fangs. Nationalist politics of the pre-independence days lost its innocence. Muslim League with religion as basis of politics, and its leader Muhammad Ali Jinnah with his loud trumpeted Two Nation Theory succeeded in making religion as the basis of partition as well. Even large-scale migrations of population took place on religious basis. In such a communally surcharged atmosphere, drafting of a Constitution which pledged to make India a secular and democratic republic speaks volumes of social concerns and the vision of the forefathers. Concern for minorities stems from this commitment. Article 25, 29 and 30 were incorporated in the Constitution as the safeguards for the minorities. In 1978, National Minority Commission was created and in 1992, the Commission was made a statutory body standing as sentinel for the protection of the minority rights.
In spite of these pious declarations and incorporations, the minorities still lack a sense of confidence and security. The cultural and educational rights given to minorities are not unconditional as they have not absolute rights in matter of admission of candidates and in maintaining, managing and controlling their educational institutions. They do not feel free to enjoy and develop their belief, culture and language. Minorities should be understood as minorities in relation to the population of the country and not the State they are living in. Muslims, Sikhs, Christians, Buddhists & Parsis should be considered as minorities in every State or region of the country. In many states the minority educational institutions have been denied the minority status. It should have been obligatory on the part of Government to provide this certificate to all minority run educational institutions. Various State Governments have taken different interpretations and in order to interfere in the management of the institutions they have taken undue advantage of the grants-in-aid system for educational institutions. The interference by the Education Departments in all these institutions has become order of the day. Even in certain cases the courts have also given different judgments. Protection to minorities institutions which was guaranteed under Article 30 is far from being real. I plead before the Review Commission that some obligatory provision be incorporated in Article 30 so as to remove confusion about this significant question.
I want to raise an important point before the learned Chairman and Members of the Constitution Review Commission, which concerns the Sikh community. There is no denying the fact that Hindus and Sikhs have common ancestors. Guru Nanak Dev Ji, the founder of Sikhism, was born in 1469 in a Hindu family. Guru Gobind Singh Ji, the tenth Guru, created Khalsa in 1699 at Anandpur Sahib and by doing so, the Sikhism was given totally a new identity. The Sikh religion from that day became a separate religion having a sovereign doctrinal identity and it was given independent status as a religion in the comity of the religions of the world. The Sikhs and Hindus have been living like brothers and always fought against a common enemy who was invader from North West and they suffered jointly at the hands of those marauding tribes. It is not denying the fact that there are some similarities between the two religions. At the time of Partition of India they were jointly ousted from Pakistan and lacs of Hindus and Sikhs suffered heavily during that period. While Constitution of India was being framed, the forefathers, due to some wrong impressions and keeping in view of the gory happenings of Partition, considered Sikhs as a part of Hindus. While granting freedom of worship to all religions in India, they clubbed the Sikhs with Hindus in Article 25 of the Constitution. This diluted the independent identity of the Sikhism without considering it being an independent religion. Under this Article, Explanation II it is mentioned:
"In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jain or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly."
By reading this clause 2(b) and Explanation II of the Article it shows that the Members of the Constituent Assembly were not well conversant with the history of Sikhism, its tenets, traditions and culture. The clubbing in the clause certainly gives wrong impression and it has gone to the detriment of the interests of Sikhs. It has wrongly affected the identity of the Sikhs and has put question mark on its independent status as a separate religion. As I mentioned above, there are some similarities between two religions but there is no ground to club them together. The Constitution of the country is the supreme law of the land and whatever written there is taken very seriously all over the world. Therefore, this Article has the potential of misleading the people regarding the real status of the Sikhism as a religion. As a mark of protest, two Sikh members in the Constituent Assembly, who were representing Shiromani Akali Dal, namely, S. Hukam Singh and S. Bhupinder Singh Mann refused to put up their signatures on the final draft of the Constitution of India. Recently, the High Court of Rajasthan gave a judgment in case of the Jain community which was granted a minority status by Rajasthan Government. The learned Judges quoting the clubbing of Jains with Hindus in Art. 25 debarred the Government in granting this status because they are part of Hindu religion. I have a lurking fear that similar may not be the fate of the Sikhs who are also clubbed like Jains in this clause with Hindus.
There is one more confusion which has been created by the combined reading of Article 25 Clause 2(b) and explanation II to the Article thereof, which provides for the throwing open of Hindu religious institutions of public character to all classes of the Hindus. This clause creates a very embarrassing situation, when the Hindu institution is substituted by the word Sikh institution. The meaning of the same becomes as if the Sikh Institutions are not open to all classes of the Sikhs and the Government assistance is required for that purpose. In a way, it also gives clear reflection of prevailing of untouchability in Sikhism, which is against the principles of Sikhism. It is a known fact that from the very beginning Sikh institutions were open to all classes of the people, not only to the Sikhs but also to all other religions. Sikhism does not believe in any kind of distinction between caste, creed and sex. No body can be stopped from entering any Gurdwara or any other Sikh institution on the basis of his religion. That would be something against the principles of Sikhism. The wording of this Article creates confusion regarding the history of Sikhism and the nature of its institutions. The Sikhs are also affected by other Acts like Hindu Code Bill, Hindu Marriage Act, Hindu Succession Act, etc.
It is desired that Sikhism should harmoniously be mentioned in the Constitution of India and other Laws as an independent Religion keeping in view its history, traditions and culture. When Sikhism is universally acknowledged as an independent religion there is no point of describing Sikhism in any other manner in the Constitution of India. I plead before the Constitution Review Commission to do proper justice to this simple demand of the Sikhs.
It has been rightly argued that it is only the minorities who need protection, and Article 30, besides some other Articles, is intended to afford and guarantee that protection. It may seem paradoxical, but it is nevertheless true that minorities can be protected not only if they had equality but also, in certain circumstances have differential treatment. It would give them a sense of security and feeling of confidence. Special rights were designed to bring equality because that was going to be their real effect. If minorities are empowered, it will strengthen the ideological plank of secularism, pluralism and multi-culturalism. It is also to be understood that genuine struggles for identity recognition are not to be confused with aggressive regionalism.
The minorities do not arouse much concern although these are politically marginalized, educationally backward, socially vulnerable and economically impoverished. Any emphasis upon safeguarding the minority rights is defused by condemning it as minority appeasement. If one talks of minority rights, he or she is pejoratively labelled as communitarian and traditional. It is alleged that safeguards for minorities and socially vulnerable groups are obstacles in the course of nation building. Quite injudiciously, centrism and cultural homogenisation has been equated with India's unity and integrity. Hence, there is emphasis upon fighting the centrifugal tendencies and not upon creating decentralised structures of political and economic power. Constitution makers sought to cast Indian society and politics in the autonomous progressive and modernizing mould. But that spirit has been lost at the alter of non-implementation. The minority rights guaranteed in the Constitution have not been fully implemented. The will to act on these is lacking. Keeping in view the socially and politically threatened scenario, National Minority Commission - the sentinel of Minority rights - should be made an effective body. Role of Minority Commission has increased with religious intolerance being intensified and fundamentalisms of various names and hues getting stronger.
The minorities need token representation in the Legislative Councils. The Government of India has already a provision of nominating two Anglo-Indians in the Rajya Sabha. It will be much better if a provision is made that in the list of nomination made by the Governors in their respective Legislative Councils, they include members of the minority communities in those States where they could not be elected to the Legislative Assemblies. This will provide them a sense of satisfaction and pride to become the part of the legislative authority in the State.
I want to bring to the notice of the learned Review Commission that most of the communal tensions in the country have arisen because of the misunderstanding by some of them of the freedom of the individual to profess, practice and propagate his religion as prescribed under Article 25. It is not being rightly understood by them that the right to propagate gives the right to disseminate the tenets of his religion by advocacy or preaching, but it would not include the right to convert. Taking the enormity of the problem in view, Supreme court had declared in one of its judgments that conversion into another religion by means of force, fraud, inducement or allurement is a penal offence, Conversions offend 'public order, morality or health'. These are the three limitations upon the right to propagate. The framers of the Constitution were not aware of the misuse of the word propagate. I have observed after going to various parts of the country, that this malady has spread in various regions. The word propagate should be clearly, defined so that one may not misuse it and tries to force his ideas upon others.
Need of the hour is to increase the ability of the state to accommodate pluralism, to eliminate hunger, to ensure right to survival, universal and free elementary education, basic health care, good governance and giving voice to the disadvantaged and deprived. There is a need to make effective use of science and technology. Welfare of scheduled castes, scheduled tribes, backward classes, women and debilitated sections is to be taken care of. It is an uncomfortable fact that record of human development is quite dismal. Disparities of income are increasing. Human dignity, human security and human spirit which formed the bedrock of the Constitution starting right from the Preamble are not getting the place of priority. Hence reordering of priorities is needed.
We have now moved towards an era of national governments as broad coalition comprising socially extremely heterogeneous and politically incompatible partners. This political reality has both positive and negative aspects. It is positive because it is ascribed to participatory upsurge among the marginalised sections of Indian society and it is logical culmination of the democratic process resulting in the enfoldment and assertion of the India polity. It is negative because regional formations do not remain confined to the regions which threw them up. They start aspiring for share in power at the national level definitely at the cost of unaccommodated ambitions of the people living in that region. There should be some constitutional mechanism by way of which regionalisation may not affect the politics at the national level. Otherwise fissiparous tendencies will weaken the Indian nation. It should be understood that such tendencies would weaken the regional forces as well because their area of operation will grow unwieldy. Vote bank politics which leads to ghettoised mentality and fragmentation of the social and political system is to be discouraged. Pocket boroughs are an undemocratic phenomenon.
Behaviour of some parliamentarians, sometimes quite unbecoming of a representative status, is to be constitutionally dealt with. This has not only sullied the face of supreme institution, it has cast doubt on its usefulness and efficacy as an institution also. There is need to insert a clause in the Constitution on the ethics of the parliamentarians. The Speaker of the Lok Sabha has taken some remedial steps, but given the enormity of the situation, these may not suffice. Frequent resort of scrapping the normal proceedings of the House and too many no-confidence motions has cost the exchequer dearly, similarly, the frequent holding of the elections, a poor country like India just cannot afford.
Pledges made to the people of India have not been fully met with. One dominant divide in the Indian society which we knew earlier was the communal divide. It has been strengthened by the denial of mother tongue as well in many cases. To our dismay, the communal divide has been added by the economic divide and caste divide. We find ourselves standing on the edge of a dangerous cliff. These divides, if not dealt with properly, will tear the socio-political fabric of the State. Deterioration is to be stemmed. There is no room for complacency. I am not sermonizing the majority. I am just trying to highlight the plight of the minorities in particular with the proviso that minorities also have a constitutional duty to contribute to the vitality of the nation. Rabidly sectarian agenda will create intractable situations for them. They should not lag behind in any National building programmes and should be part of the Nation as a whole where the prestige of Nation is involved. Religion is always a uniting force and should remain so.
These are my humble submissions to the august audience and Justice Venkatachaliah, Chairman of the Commission. I am sure, the galaxy of scholars and eminent individuals will deliberate and help the National Commission in formulating a concerted opinion on these issues of social concern.
Thank you very much.
PARSI ZOROASTRIANS
By
Padma Bhushan Lt. Gen. (Retd.) A.M.Sethna PVSM, AVSM
Member, NCM
It is indeed a good augury for better understanding between people of various communities that the prestigious Sikh Journal of the Guru Nanak Foundation has decided to publish material from various faiths and religions. I am honoured to have been asked to write about the religion of Zorasthustra, the faith followed by Parsi Zoroastrians in India and many parts of the world, and to give a brief outline of their background. The Parsis are Indians of Iranian origin, following the Zoroastrian faith.
For the predominant Sikh readership of this Journal it would be of interest to note that the religions both of the Parsis and the Sikhs, believe in only One God, and His teachings have been revealed by the founders of their respective faiths - Sarathustra and Guru Nanak. Both religions follow the words of their founders, as laid down in their Holy Books, the Avesta and the Granth Sahib respectively.
Zarathustra was the founder of the first monotheistic religion, the "Zarathushti Mazdyashni Din", or Zoroastrianism its westernized version. (The Greeks called "Zarathushtra" Zoroaster, and hence this name in modern western usage.) Both the Prophets were reformers though separated by many centuries, but who realized that the practices prevailing in their times needed change. Zoroaster sought Divine help, and the Almighty Himself revealed to him, the path he should follow. Although Zoroaster is from the Bronze Age, even in that far off era, existed the ills which afflict humanity to this day - pain, hunger, disease, as also the inhumanity of man to man and to all creation. Zoroaster therefore taught his followers to become soldiers of God to fight the Druj (the Lie), work for the betterment of their fellow men and all God's creation, so that at the end of time (Frashokereti), the world will be healed and made whole. The soldierly qualities of the Sikhs are much more obvious than of the Parsis, but this basic similarity needs to be taken note of.
Zoroaster preached that life is not merely of Service, but also for enjoyment. There is no requirement of fasting or physical penance. A righteous life requires a man to be married and have progeny who will bring honour to the family, the village, the country. Another striking similarity is that of the diaspora. Both the Parsis and the Sikhs are found world-wide, from Australia to Alaska. Both have the problem of retaining their identity in an increasingly mono-cultural globalised society. For a fast diminishing community - the Parsis have diminished by 10% over each decennial census in India - the preservation of their heritage and culture has become a major concern. UNESCO realizing this, has assisted in creating Project 302 IND 70, entitled "Parsi Zoroastrian Heritage - Campaigners and International Conventions". A similar UNESCO assisted Project entitled "The Preservation of Cultural Heritage and Promotion of Understanding in the Punjab, India" is in progress. Even with a much healthier demographic profile the Sikhs, especially in places outside Northern India, take concrete steps to maintain their identity. Their frequent visits to their "roots" helps greatly.
To understand each other better, it is necessary to take fleeting glimpse of the rise of Zoroastrianism. It is said that Gaush Urva the Soul of Creation cried out to Ahura Mazda the Lord of Light and Wisdom,
"For whom have you brought me into being?
Who shaped me?
Wrath and Repine, Aggression and Violence crush me
No one is my protector
Except you my Lord
So reveal to me the caring herdsman" Y.29.1 |
In response, Ahura Mazda sent an unusual being on earth who laughed at his own birth (unlike other babies who cry). He was called Zarathustra - "He of the Golden Light". The evil men of the day did everything to destroy him, and he had many miraculous escapes. Zarathustra, of the clan of Spitama, "athornans" or priests, spent many years studying the Ahuryan faith, but not satisfied with its teaching spent ten years in solitude contemplating.
The Evil One tried to tempt him, but he resisted the riches and palaces offered, or dire threats of being crushed if he did not accept these. One spring morning, he had a vision of God's "Glowing Lights". He saw the six bountiful Immortals, the Amesha Spentes, who would help protect all Creation. Thereafter he set out to propagate his 'Din' or Faith.
As could be expected there was violent reaction from the practitioners of the old religion, of the "kavis" and "karpans", the mumblers who held kings and people in their power, not permitting them freedom to choose the path that would lead them to their salvation. Zoroastrianism is the religion of choice.
"Hear with your ears the Highest Truths I preach,
And with illumined mind weigh them with care,
And you choose which of the two Paths to tread
Deciding man by man, each one for each -
Before the great New Age is ushered in
Wake up, alert to spread the word" Ys 30.2 |
Once King Vistasp, his Queen and Princes, then ruling Balkh in Afghanistan, became his converts, the Mazdayasni Zaruthsti Din spread far and wide, and constituted for many centuries the religion of Iran. During the reign of the Achemanian Kings, it spread with their Empire from the Indus to Greece, the Danube to Western China. Cyrus, on capturing Babylon in 556 B.C. set its citizens free to practice their religion. The unusual far sightedness of this conquering Emperor, earned him the title "The Lord's Animated" in the Old Testament. A replica of the royal edict on the capture of Babylon lies in the United Nations Building in New York, and is treated as the "First Bill of Human Rights". The marathon race traces its origin from the feat of the Greek messenger who ran 26 miles and 385 yards after the battle of Thermopoly in 490 B.C. carrying the message that the Athenian army had defeated the Persians at the gates of the then Greek Empire. Iran never conquered Greece. Besides their defeat on land, they lost the naval battle of Salamis. But they had inflicted many blows on the Greeks, which they could not forget.
Alaxender of Macedon took the revenge of the Greeks. In 332 B.C. he defeated the Iranians, sacked Persepolis their capital and burnt their religions texts and killed their Priests "the Living Books". He is therefore referred to by the Zoroastrians as "Alexander the Accursed".
However, Iran's glory was once again restored by the Sassenians. Some fragments of the religious tracts were collected, and religious books were restored to a considerable extent. Zoroastrianism regained its position as the religion of the State of Iran. With the passage of time, and the ascendance of a strong self-serving priesthood and nobility, the pristine purity of the religion of Zoroaster became very weak. The people found attraction in the other Faiths which practiced greater equality. With the defeat of the Iranians in 641 AD at the hands of the Arabs, Zoroastrianism suffered its most crucial blow. For about two hundred years thereafter Zoroastrian Iranians spread out east and west. Recent archeological findings prove the existence of a Zoroastrian kingdom in Western China. Others who escaped overland took with them their culture and religion, but in almost all cases, in the time span of a couple of centuries these were subsumed in the large mainstream of their new-found homelands.
The exception were the Zoroastrians from Pars in the Southern Western Iran (hence the name Parsis). They moved by boat over the seas to the west coast of India. They first landed at Diu (now in Saurashtra) but due to climatic conditions moved again two decades later to land at Sanjan in Gujarat in 936 AD. Their dastoor (priest) Narotam Dhawal asked the legendry Jadi Rana King of Sanjan, for permission to stay. The king said his land was too well populated and had no place for the refugees. The Dastoor asked for a bowl of milk filled to the brim. With the king's permission he poured in a few grains of sugar, which sweetened the milk but the mild did not overflow. It indicated that the Parsis would assimilate and add sweetness to his kingdom. They were therefore permitted to stay with certain conditions. One of these was that they would not forcibly convert others to their faith. The Parsis have fulfilled their promise and helped in the making of India. Space does not permit the detailing of their achievements, but this miniscule minority just 0.01 percent of the population has been in the lead in every field of human endeavor. The names of Dadabhai Naoroji whom even Gandhiji called his "Dada", Bhikaji Cama in the freedom struggle, are well known. In addition were the merchant princes, industrialists, lawyers, scientists, doctors, writers, artists : their names are legion.
It may therefore be worth our while to understand some of the basic tenets of the Faith which has led to Parsis being such achievers and clear a common misconception that Parsis are mere fire-worshipers ("Atash parast").
Fire has a very special significance to Zoroastrians. It gives light and energy to all creation. In our texts Fire, has been exalted to the position of being called the son of Ahura Mazda. The Zoroastrian prays before the fire. In all the temples of the Zoroastrian fire is kept in specially designed Fire Vases. In the days when wood was used for cooking, the fire in Parsi homes was never put out at night - it was banked up with its ashes, and rekindled next morning, as it had been glowing all the time. But all this is merely symbolic, a mere means to enable the Zoroastrian to realize that it is not the fire of the temple or the hearth, but really the Fire in the Heart of each person which is the Light of Reality. It is this inner fire which enables each individual to commune with Him who resides in the House of Light. The practical symbolization of this is the 'divo', or oil lamp which is ritually lighted each day in a Parsi home, and which is mandatory to be kept by the side of a corps before its final disposal.
The motto of the Parsi Zoroastrian encapsules the tenets of their faith - "Humata", Good Thought. "Hukhata", Good Words, and "Huwarasta" - Good Deeds. It has been said that Good Thoughts may be compared to the clouds in the sky, beautiful, useful but not always reliable - they may or may not bring rain. Good Words are valuable, but the like the moon they wax and vane. But Good Deeds are like the Sun, so powerful, so bright that even one with his eyes shut can feel its light. Achievement comes from thought and word, but principally from deeds. Each time the Parsi ties the know of his "kusti", the girdle tried round his "sudreh", the sacred shirt, he recites the word 'shoythe nanam'. I shall do. (perform/act).
As the prayers are in the Avesta and Pazand languages, not commonly understood by most, the teachings of the Faith have percolated almost by an osmotic process - from the example of parents and elders and by peer pressure. My father's generation and those before him regularly set aside a part of the day and night to recite set portions of prayers from the book of prayers the Khordeh Avesta. In my generation, some still take time off to recite or at least read from the book. That is hardly possible for the next generations caught up in modern life. Further, we now are no longer satisfied with recitation of prayers in a language we do not follow. The same is the case with rituals accompanying prayers.
From this has arisen the necessity for teaching, learning and imbibing the Faith in languages most commonly understood by the Parsis all over the world, as opposed to not only the ancient Avasthan and Pazend, but also Gujarati in which script the prayers were transliterated and written. In recent years, classes have started to enable the children to have at least some grasp of their religions heritage. Parsi children, boys and girls are initiated into the Faith by having their Navjote (new light) ceremony performed. They are invested with the "sudreh" the sacred shirt and the "kusti", the sacred girdle. For the lay reader, understanding of the kusti prayers, as they are called could possibly suffice to comprehend the Zoroastrian religion.
The word 'sudreh' after which the sacred shirt is called, mean the Good Path. The Sudreh stands for the 'Good Mind' - Vohu Manaha - one of the Holy Immortals. It is made from a single peace of white muslin cloth and has nine parts. The one inch square pocket at the front end, the 'Giriban', is to remind each Parsi that it is to be filled daily with Good Deeds. When the "sudreh" is worn out and torn, the 'Giriban' is taken out and burnt, the ashes put into the soil near a plant, because this most sacred part of the sacred shirt should never be polluted.
"Kusti", the name of the sacred girdle, means Direction Finder. It is made of sheep's wool and has 72 threads which symbolise the 72 Chapters of the Yasna - the verses from the Gathas, the songs composed by Zoroaster Himself. It is tied in three loops round the waist to remind one of "Humata". Good Thought, "Hukhata" - Good Words, Huvarasta - Good Deeds, with four reef knots, two in front and two behind. The knots are reminders of man's four duties -
(a) worship God with self sacrifice
(b) loyal obedience to the teaching of Zoroaster
(c) constant struggle against the Druj - the lie, the evil
(d) absolute confidence in the law of God and his Decrees
At one time, the Kusti prayers were recited with ceremonial untying and tying of the "kusti" on numerous occasions, day and night. In most cases today, even by those who continue to wear the sudreh and kusti (and many modern Parsi have abandoned this practice) this ritual is followed at least once after a bath.
These prayers affirm the wearer's Faith. He or she abjures the lie and promises to fight it until it finally defeated "Shikast-e-Shikast-e-Shaitan". He or she repents any bad thoughts, words or deeds they might have harbored and promises to live according to the motto of the Faith.
To get a flavour of our prayers, I give below two of the most ancient and most repeated verses - the "Ashem" and the "Yatha Ahu Vario" or "the Ahunaver".
The Ashem
"Through the best Righteousness
Through the Highest Righteousness
may we catch sight of Thee
may we approach Thee
may we be in perfect union with Thee" |
"Happiness is his who works for the happiness of others" is another simpler rendition, almost an aphorism.
From the Ahunavar
"The gifts of Vohu Mana (The Good Mind) come as reward
For deeds done out of Love for the Lord of Life
Ahura's Kshathra (divine majesty)surely comes down
On him who serves with zeal his brothers meek" |
Note the mysticism of the first and the practicality of the second. In our globalised noisy society, these small voices may often be drowned, but to those who have been brought up from childhood with loving understanding, these tenets will stand them in good stead.
Both Sikhs and Parsis have begun to suffer the "Penalties of Progress", physical and spiritual. These signs are most visible where they reside in small fragmented numbers amongst the sea of those of other Faiths. Going back to the roots, and gaining strength there from is therefore or utmost importance, as also understanding the universal similarities of all faiths from which we learn that man needs to surrender to the One who is "Bakshayander", "Bakshayazgar", "Meherban" (Benevolent, Bountiful, the Merciful Provider).
The good Zoroastrian mother's blessings to her son venturing out on any mission has been:
"Jao fateh karo, Atha in madad"
Go forth and succeed with the help of Atha, (colloquially abbreviated for the words Ahura Mazda).
ACKNOWLEDGEMENTS & REFERENCES
1. My grateful thanks to my daughter Dr. Shernaz Cama, M.Phil., Ph.D. for her advice and assistance and for permission to use material from her so far unpublished 'Black & Zoroastrianism'.
2. My grateful thanks to Mrs. Piloo Jungalwala for many years of guidance in Zoroastrianism and for use of material from her book "The Gathas of Zarasthustra - Hymn in Praises of Wisdom"
3. Lorrain N Moose "My Simple Books of Zoroastrianism"
4. Irach J.S. Taraporewala "Daily Prayers"
5. S.A. Nagosian - "The Zoroastrian Faith - Traditions and Modern Research"
6. S. Kirpal Singh - "The Jap Ji of Guru Nanak"
7. The symbol Y stands for Yasna, and the figure denotes the verse from the Gathas, the hymn written by Zoroaster.
PRESIDENTIAL ADDRESS
ON
ECONOMIC DEVELOPMENT OF MINORITIES
(24.07.2001)
By
Shamim Karim, Member, NCM
It gives me immense pleasure to share my perspectives about the 'economic development' because of my association with minorities particularly with the Muslim minority. My long association with them has remained at the grass root level and I have been a partner with them in their endeavor to become a self-respecting and productive citizen of the country. This I could do in my capacity as the Managing Director of the Bombay Mercantile Cooperative Bank Ltd. Country's premier Bank in the cooperative sector having branches in important minority concentration districts in the country. Hence, on this basis, I can say with an authority that the Community has all the potential to embark upon the road of development; what is needed is a little support without resorting to any specific reservations for them. But still in all such programs, care should be taken to assess whether the representation of the minorities amongst the beneficiaries of the program is adequate and commensurate to their population percentage.
A survey conducted by the National Council of Applied Economic Research In 1994 on the position of the Muslims In economy educational and health areas on a sample see of 33,000 rural representatives does provide an insight In the socio -economic status of the minorities and the existing disparities. The Muslim lag behind in 'House hold income' and 'per capita Income'. The work participation ratio amongst the Muslim males is lower than others but In case of the Muslim wornen, it Is alarmingly taw- The main source of income of the Muslims in rural areas is agriculture, like others, but their number as Artisans Is comparatively higher. Similarity, some other studies in urban set up establish beyond doubt that minorities particularly the Muslims need to be prompted to contribute their might in the national development.
The National Commission for Minorities has been analyzing a major indicator of the economic status of minorities which is the credit flow to minorities from the 27 public sector banks in the country, The Commission has been receiving this data through the Resave Bank of India. An analysis of this data reveals that the credit advanced by these banks to the minority communities is not satisfactory. A comparison of this data amongst various States further Indicates that credit flow to minorities is more discouraging in the States having significant Muslim population. The position in the 41 Minority Concentration Districts is no better. Even otherwise, the target fixed by the banking sector for credit requirement of weaker sections/minorities is itself not adequate. As per present policy, 40% of the total credit advances should go to the priority sector. Only 10% of this 40% is earmarked for weaker sections/minorities. In ail fairness, this target Is totally unfair. This situation clearly reveals that the nationalized banks are not coming upto the expectations of the minorities.This situation is despite the experience of National Minorities Development Finance Corporation, which has established that the rate of recovery of loans given by them to the minorities Is above 85%, a remarkable return rate from a banker's point of view.
Establishment of National Minorities Development finance Corporation In 19M with an Authorized share capital of Rs.5OO crores Is definitely a major land mark h our effort to bring the Minorities In the mainstream of the national economy, but then the experience of its functioning during the last 6 years reveal a major apathy on the part of different State Governments to Contribute their share. Initially, the contribution earmarked for the Central Government In the Corporation was only 25% which had to be enhanced to 60% in view of the lukewarm attitude of the States. Still, there are several States who have not given their due share; some of then has not formed the State Minorities Finance Corporations to work as the state channelising agency of the National Minorities Development Finance Corporation. The Corporation has introduced many innovative programs to meet the micro credit needs of the poor amongst the minorities by Invoking NGOs of proven record but then the reach of such programs would remain nominal and it will take ages In creating any tangible improvement in the condition of minorities.
Moreover, the need for minorities is not the easy availability of credit alone, their general socio-economic and educational backwardness has largely incapacitated them to avail of these facilities. What they need more is duration with a view to develop in them the capacity to make use of the capital made available by the banking institutions. They need to be educated in the entrepreneurship particularly about the financial management, account keeping and other fiscal regimens of a small business, only then they can make optimal use of the credit facilities provided to them.
I therefore, feel that 8 major, all out, offensive is needed to bring the minorities In the economic mainstream of the country. The developmental activities/schemes of the Central and State Government need to be geared to take a special interest for roping in the minorities as their target group. A clear indication to this effect has been given in the 15 Point Program for the development of minorities but the program itself has not been taken seriously and in the absence of any assertive and effective coordinating mechanism at the apex level of the administration, both in the Center and State, the programmed has failed in creating any impact on the plight of the minorities. There is a need that a continuous monitoring mechanism be evolved for this program at all levels of administration, culminating into a representative apex body doing it at the national level under the aegis of the Prime Minister Office (PMO). This may help in making the 15 Point Programme for minorities a viable one, giving it some meaning of intent and purpose. A similar arrangement is needed in States.
I have submitted enough about the steps that are required to be taken for the economic development of the minorities. But then the basic problem of availability of micro credit to minorities for their economic rehabilitation cannot be resolved either by cooperative sector banking or by other corporations with limited 'corpus'.
I would, therefore, impress upon the establishment of the 'Minorities Bank', which can bail out the minorities from their predicament. Establishment of such a bank will also work as a catalyst for entire banking sector of the country to work for the poor including those belonging to minorities.
In the end, I would like to thank this august gathering for bearing with me so long. Thank You.
BUDDHISM - THE REALITY
By
Rev. T.K. Lochen Tuldu Rinpoche
Buddhism does not talk about religion; it talks about reality or the Truth, Buddha believed that all sorrow and worldly pleasures come from ignorance; Ignorance of the Ultimate Truth. Once this ignorance is removed, individually or collectively, then suffering will be gone forever.
Hatred, jealousy, attachment, desire, etc. Are the causes of suffering and uneasiness in the really do not know why. According to Buddhism, everything is a projection of your mind. When you project someone as an enemy, you hate that person. If you were to project that same person as a friend, you hate would turn to love. This is the truth. There is happiness but it is conditional. There is suffering but this too is conditional. These phenomena are all impermanent and when you realize this, they will dissolve into emptiness. And that is Nirvana or the Ultimate Truth.
Buddhism started by Buddha over 2.500 years ago, spread from India to many countries and is today one of major religions of the world. There are two major sects; Mahayana and Theravada.
The mahayana sect of Buddhism, pioneered by the great masters Nagarjuna and Asange, spread from the Indfian Himalaya to Tobet, china, Mongolia, Talwan, Hong Kong, Japan and other countries.
Buddhism, which is based on the Pali texts, known as theravada, is more prevalent in Sri Lanka, Thailand, Burma and laos. There are many Theravada Buddhists in the plains of India and now their numbers have increased as thousands of followers of Dr, ambedkar have joined the sect. Traditionally, Mahayana Buddhists are based in the Indian Himalayan region while the Theravada Buddhists are in the plains. There has been a communication gap between these two major Buddhist sects.
PROGRESS REPORT: ACTIONS TAKEN BY REV.T.KLOCHEN TULKY RINPOCHE
I Interface: Mahayana and Theravada:
I have been trying to bridge this gap between Indian Mahayana and Theravada Buddhism and develop a better understanding between them. I believe the united strength of these two great traditions of Buddhism in India will be able to contribute considerable to the promotion of peace in the world - and more importantly, to strengthen peace in our own country as well. Some of the contributions in this field are as under;-
1. I have been regularly interacting with Theravada sholars like Dr. Bhikshu satyapala, Most, Rev. L. Ashwa Ghosh Nayak Mahathera, Bhante Sunandasara mahathera and social workers like Shri T.S. Suman, Shri Asha Gautam to bring about a better understanding between the two great Buddhist traditions.
2. As a member of task force, I have been involved right from the initial stage to organize Buddha Mahotsavas at different places.I have insured to invite the eminent Theravada Buddhist Scholars.I have been inviting Theravada Scholars to seminars such as at Key, Kalpa etc.
3. As a member of National Commission for Minorities, I had the honour to attend the World Buddhist Conference at SriLanka at the invitation of Maha Bodhi Society of Sri Lanka.This organisation is vastly represented by Theravada Buddhist Practitioners.
4. It is also a great honour for me to be working as the president of Buddha Tri Ratna Mission, New Delhi.This society infact belongs to Theravada Buddhist traditions.
II. Bhoti Language : Recommendation to Ministry of Human Affairs for its Recognition in Eighth Schedule:-
1. At present Eighth Schedule of the constitution of India lists 18 languages. The list includes Hindi which is spoken by over 33 crores and Kashmiri and Sanskrit spoken by just 56,693 and 49,736 persons(as per 1991 census).
2. The Bhoti language is spoken in almost entire Himalayan region.There are local differences according to the region in pronunciation, i.e the dialect may be different but the script by and large is in original form and same. For example the word "hair" in written form is "SKRA" everywhere but is spoken differently in Himalayas and Tibet. It is spoken by about more than 20 lakh people in Himalayas.
3. Bhoti is the depository of rich Himalayan culture. The most important texts in Buddhism Kagyur and Tagyur, former being the words of Buddha and letter being the commentaries on the same are available in Bhuti language. Kagyur is of 100 volumes and Tagyur has 225 volumes. The vast literature of the language ranges from ancient manuscripts, which are kept in thousands of monasteries in Indian Himalayas and modern literature which are published from modern printing presses.
4. Bhoti language is taught in about 10 Indian and 5 foreign universities. It is lso taught in Central Institutes of Buddhist Studies at Sarnath and Leh and Secondary School Examination Boards of Delhi, Sikkim and J&K. The Bhoti language news bulletins are broadcasted from All India Radio Stations all over Himalayas.There are several newspapers' and magazines in the language.
5. The Buddhism is to be credited for providing a stable Northern frontier- Bhoti is a language, which unites the people of Himalayas. The encouragement of Bhoti Culture in Himalayas is in interest of national security. It is necessary to provide all possible boosts to Bhoti language to ensure that rich history and cultural heritage is preserved. Bhoti language in Himalayas has same status as Sanskrit enjovs in plains Of India.
6. After in depth study and analysis, the Commission recommended to Ministry of Home Affair for inclusion of Bhoti language In eighth schedule of the Constitution of India.In addition, I have written to fte Chief Ministers of J&K, Himachal Pradesh, West Bengal,Sikkim and Arunachal Pradesh soliciting their support for rightful place to the language of their states in the constitution. we have been infomed by the Ministry of Home Affairs that the issue of inclusion cf languages h the 8th schedule has been referred by them to Constitutional Review Commission for deternination of criteria for inclusion of a language.
III. Preservation of Aircrafts / manuscripts kept in Monasteries in Himalayas :
1. A large number of Buddhist gompas/monasteries spread all over Himalayas are in possession of vast literature in monasteries in manuscript or printed form. They also have invaluable statues, masks, thankas, costumes, paintings, muisical instruments and other artifacts. In a letter to the Prime Minister, I have highlighted the state of decay and even theft In some cases in these Invaluable heritage treasures of our culture. Therefore, I have forwarded following proposals to the Prime Minister: -
(a) Govt. should finanacilly support setting up of lbraries with full computer facilities in prominent monasteries. This will help in preservation of vast literature.
(b) Govt. may also consider providing financial help for establishing small museums in these monasteries, which will catalogue all artifacts.
(c) Along with monastic education, modern secular education may also be provided in these monasteries with govt. assistance.
IV. Holding of Kalachakra Initiation and national Seminar at Key Monastery (H.P.):-
Soon after assumption of change as Buddhist member, it was my privilege as a Spiritual Director of Key Monastery to hold Kalachakra in the tranquil environment of my monastery in Dist. Lahaul & Spiti of Himachal Pradesh from 3 to 16 Aug. 2000. The great religious event for World Peace was initiated by no less a person than His Hollness The Dalai Lama. He is not only in head and heart of Tibetans and Himalayan Buddhists but also a universally recognized profounder of peace in the conflict torn World.
The organization of the great event in that remote area where there is no infrastructure for accomodation, water, transport, electricity and communication was a Herculean task which would not have been successful without full involvement of Govt. of H.P. and by all panchayats and people of Spiti
Approximately 35000 people from all over India specially Ladakh, Himachal Pradesh and about 1000 foreigners attended the main event on 13-15 Aug. 2000. Prof. Prem Kumar Dhumal was the CMef Guest at Kalachakra ceremony.
Along with Kalachakra, an All India Seminar on 'The Himalayan Culture, Language:Tradition and Change' was jointly organized on 11 to 14 Aug. 2000 at Key Monastery by Dept.of Culture, Govt of H.P, Shimla, Key Monastery and Himalayan Buddhist Cultural Association. The seminar participated by 30 scholars was inaugurated by Shri Vishnu Kant Shastri, Governor of Hlmachel Pradesh
V. Buddha Mahotsavas
Govt. Of India has organised Buddha Mahotsavas at four places in Leh, RekongPeo, Tawang and Jalgaon. This has been done to focus attention on Buddhism legacy and to attract tourists. I have been involved right from Initial stage as a member of Task Force. l have also attended the Buddha Mahotsavas at Rikong Peo, Dist Kinnaur (H.P.) and Tawang in Arunachal Pradesh.
VI. Excessive Entry fee for Buddhist Pilgrim Places
Number of representations have been received that in many Buddhist holy pilgrim places which are under the control of Archaeological Survey of India unresonable entry fees is being charged. Foreign vistors, even Buddhists of this sub-continent who can not afford to pay in US Dollars are charged $5 per entry. Buddhists feel that it is an anomally they have to pay in their own places of worship. Some times Buddhisis have to worship number of times during a day or for several days together and they have to pay for each visit. Quite often museum and ruins are co-located but visitors have to purchase two tickets. Earlier one ticket was Sufficient. We can understand if there is charge to visit museum but visitng stupas aid holy pilgrim sites must not be charged.
Buddhists consider charging of fees to visit their pilgrim places as Interference in their Religious freedom. Since maximum Buddhist holy places are under the control of the Archaeological Survey of India, freedom of worship Is violated.
Consequently a case was taken up with govt. of India to declare ancient Buddhist relics, stupas, and pagodas, such as Samath, Sanchi and Nalanda as places of worship and they should be free from entrance fees both for Indian & foreign pilgrims.
The Ministry of Culture has now decided to lower the entry fees for foreigners from $10 to $5 for 14 World Heritage Monuments In India and other general heritage sites from $5to $2.
VII. Denial of Passport to Bonafide Residents of kinnur Region
Regional Passport Officer, Chandigarh had denied passport to some bonafide citizens of Kinnaur District of Himmachal Pradesh on the ground of citizenship certificate from Ministry of Home Affair. These certificates are required from Indian residents of foreign origins like Tibetans, Nepalese etc. and asking same from Indian nationals of border region is irrational. Therefore, the commission has taken up the issue with Hon'ble Minister of State for External Affair to issue Instructions for issue of passport to these bonafide citizens of India without citizenship certificate from Home Ministry. Since then passports have been issued to the complainants.
VIII. Sacrilege to Holi Lake of Rewalsar
A report was received from local Buddhists about the commercial use In plying of boats in Holy lake af Rewalsar. This lake is considered very pious being linked to Guru Padamsabbhava. I wrote to Chief Minister of Himachal Pradesh. Subsequently the matter was resolved at Nagar panchayat of Mandi Dist.
IX. Security to Monks of Rangdum Monastery in Ladakh: -
In April 2001 a request was received From Rangdum Gompa Museum and Cultural Welfare Society Leh for security to Monks of Rangdum Monastery and people around the monastery after a Recent incident of murder of three monks by terrorists. I had written to Shri LK. Advani, Hon'ble Home Minister and to Minister for Home, Govt. of J & K for security. I have been informed by the Monastery aod they were provided security by the Army and the monks and tie people are satisfied.
X. Representation from International Tri Ratna Buddhist Missionary Society, Distt. Jalpaiguri
The Society had complained that some hooligans burnt house cum monastery of Ven. Anand Bhikku. The Commission then took up a case with the Govt of West Bengal for allotment of alternative land to Ven. Bhikku as the land where monastery stood earlier is disputed, West Bengal Govt. has already offered land to the Monastery and the case is being settled amicably for communal harmony in the region.
XI. Miscellaneous
I have been receiving many representations in my office and also whileI am on tour. These are not only from my Buddhist Community but also from other minorty communities. I have been taking action on all such representations. It is not possible to list them as there are hundreds of Cases my endeavor and endeavor of my staff in my office is to help as much as possible and serve all minorities of India.
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