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Rethinking Required
It is now not difficult to understand what is
discrimination? How it is inextricably linked
with ‘Exclusion’ in a polity of
diverse society? Can the question of discrimination
be addressed by simply inserting constitutional
provisions? Or by formulating certain required
policies and temporary measures? Or by other
necessary means? Is discrimination mechanical
in nature? Is it a part of our ‘societal’
heritage like ascriptive features? Can it be
overcome by any means? Can it be disabled by
the policy of ‘Inclusion’? Exclusion
cannot be studied in isolation of the factors
of discriminations, prejudices, hate crimes,
oversight of public policies, and violence.
In
other words, different segments could develop
common interests in political, economic, social,
cultural and foreign affairs, which has unfortunately
not happened. Religious identities and ascriptive
features have dominated over civic identity
of a citizen. Lucian W. Pye says: “The
fundamental framework of non-Western politics
is a communal one, and all political behaviour
is strongly colored by considerations of communal
identification”.56 As a result, prevailing
communal structure of society could not be dismantled
after the free Indians entered into a ‘social
contract’ by agreeing to the Indian Constitution.
It is like another ground reality, i.e., caste-structured
society which necessitated political safeguards
and reservations for the Scheduled Castes. Similarly,
such policies were adopted to integrate isolated
tribal people in different parts of the country.
Our political culture could not suppress strict
Caste consciousness within the Hindu society
and Communalism between the communities. On
the one hand, the government has been consistently
engaged in protecting the interests of the Scheduled
Castes and Other Backward Castes. On the other,
it has not yet envisaged any remedy for the
bulk of Muslims who are educationally, socially
and economically backward.
There
are not even strict implementation of the Rule
of Law could have controlled over 14000 communal
riots in the last fifty years. It is more important
who implements the law. In other words, who
is the watching towers? Have they performed
their duties by rising above the communal consciousness?
Whether it is the matter of employment, promotion,
transfers, nominations, distribution of government
lands, housings, shops, licenses for gasoline,
cooking gas, transport, fair-price shops and
many other areas, share of the Muslims are very
less. The recent findings of the Asian Development
Research Institute, Patna, on the Muslims of
Bihar clearly show their educational, economic,
and social backwardness. Various visits by the
members of the Prime Minister Committee to examine
social, economic and educational status of the
Muslims in the 2005 to the Muslim localities
and States have shown the level of backwardness
surpassing various data available to us.
The
report of the High Power Panel on Minorities,
SC, ST and Weaker Sections headed by Dr. Gopal
Singh (14 June 1983) which was constituted by
the Ministry of Home Affairs, Government of
India, found many problems of the Muslims when
it inquired into the benefits of governmental
policies achieved by the minorities. It surveyed
80 out of 500 districts. It found, “In
the field of education and public employment,
the Muslims for example suffer from peculiar
maladies”. He detected discriminations
against the Muslims by examining the flow of
bank and other credit loans to handicraft and
small-scale industries in which Muslims are
largely engaged. The report mentioned, “Unfortunately
a great psychological barrier exists today between
the majority and minorities. Some religions
are considered ‘extra-territorial’
not only by the masses but also by some of our
State Governments”. The report stressed
on the importance of education in economic and
social betterment. He also found the importance
of the community background of the personnel
deployed in particular departments in the context
of its response to the needs of group of citizens.
Further, globalisation is going to further cut
the share of the Muslims in the corporate, which
requires highly professionally educated class
of students. The Gopal Singh Report said, “Universities
in India … have a very poor representation
of minorities on their faculties. This lacuna
should be addressed as early as possible”.
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