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Suggestions

It is quite clear from the discussion above that the Muslim minority is educationally, socially and economically backward class of citizens in the country. Moreover, they can be categorized as “excluded group” who also have security concerns particularly at the time of communal tensions, riots and post-riots situations. Therefore, there is no snag in identifying them as Backward Class of Citizens for seeking benefits under Articles 15(4), 16(4), 46, 340. Having been identified as backward, they become the target group for many governmental schemes and special schemes for their welfare. It is in this context, Lok Janshakti Party Chief Ram Vilas Paswan demanded for separate quota for backwards and Minority on 3 December 2006. This suggestion has constitutional conformity. His initiatives seem to suggest a fast move from ‘symbolic empowerment’ to ‘real empowerment’.

There can be two areas which can be given preference for the effectiveness of constitutional and governmental means to meet the ends of the welfare, security and equity of the Muslim community. One is to activate constitutional obligations mandatory for Union and state governments. It can be called ‘Operational Reality’ and ‘Accountability’. For example, how police force can be made effective in preventing riots and punishing the criminals as per law. The other area is the Policy Initiatives and their effective implementations. For example, how effectively, concerned authorities should work on implementing the 15-Point Programme? Indian Constitution and later statutory developments have certainly provided both institutions and guidelines for many corrective measures. We need to act upon them. Other than this, we can come out various policy initiatives against backwardness, deprivations, discriminations and disenchantment faced by the Muslim community.

1. There must be some mechanisms for collecting more reliable data across socio-religious communities.

2. Important institutions like the NHRC, NCM and Ministry of Minority Affairs need to expedite their mandates for the safety and welfare measures for the Muslims.

3. There must be reiteration of the commitment to the principle of the Rule of Law vis-à-vis the problems of the Muslims in legal, administrative, developmental and other spheres. This would include the judicious and statutory role of all the enforcement agencies to recreate confidence among the Muslims for safety, justice and equality before law.

4. Under the above guidelines, each Ministry at the Union and the states levels as well as the administrative agencies at the sub-state levels for implementing necessary constitutional rules of justice, equity and equality. Similar approach is also required in the spheres of several policies in terms of benefiting the community in different capacities. Since there are many schemes sponsored by the Union, states and together for general public and the weaker sections, they should be made accessible to the needy.

5. All the District Magistrates in the Districts of the country should be assigned the duty of preparing the data bank of the Muslims social, educational and economic status and changes thereon affected by the welfare policies. This would help greatly all the three tiers of governance for making policies for their welfare. District Authorities need to submit the report every year about the failure and success in expediting welfare policies. There are reports that Muslim dominated mahallas, colonies and settlements, in general lack basic amenities falling under District Administration which collaterally affect their health, physical movements, contacts, business and other engagements.

6. Sensitive areas and Districts need be manned by those officers who have non-communal record and more law-abiding. This will prevent riots and communal tensions. It would be preferable to post Muslim officers as better confidence building measures. Police Stations in Muslim areas must have high percentage of the officers belonging to the Muslim community as CBM measures.

7. As a drive for the CBM, each state government should launch special drive to recruit Muslims in state government jobs which should not be less than their population percentage for creating a federal and democratic reality in the sphere of power and administration. It would be better to mention the suggestion of the Gopal Singh Committee (page VIII, para 14) that “to have a fair number of minorities representation, especially at the decision-making levels” in “appointment through nomination” in governing bodies. “Every recruiting agency or Service Commission must have an adequate number of their representatives….”

8. There should be a permanent and constitutional machinery to look into their economic and cultural grievances. Occasional inquires or a cell in the Home Ministry will not be of much help. In other words, the National Commission of Minorities needs to become a constitutional body with adequate powers and funds. Its remarks and suggestions need to be debated in Union Parliament. The NCM must have powers to recommend on the failure of the constitutional machinery in the state like what happened in Gujrat, to protect the life and property of the Muslims and other minorities in case of widespread violence, massive riots and genocide. The NCM can send such requests to the President of India and concerned Governor/s on the report of the NCM. This will work as a pressure on the concerned parties in power in the states not to make such mistakes.

9. Each state government should create Ministry for Minorities which should be accessible to minority dominated areas. It must have adequate funds and staff on the basis of the principle of proportionality. This Ministry must have power of directing Police and District Administration in case of fear, tension and other serious matters concerning minorities. This Ministry would have the power of seeking all necessary information from Home, Finance, Defense, Commerce, Industry, Petroleum, HRD, Social Justice, Law, Parliamentary Affairs, Ministry, Finance Ministries/Departments.

10. As a long terms measure, Muslims need to be given better education facilities and opportunities to them in seeking recognition and subsidies on the cost of land and its availability corresponding to their needs.

11. As per the schedule of the New 15-Point Programme, effective policies and actions are required for enhancing access of Muslim children to School Education. As per educational policies, work should be done on war-footing to establish schools, with mother-tongue educational facilities, in rural and urban areas dominated by Muslim population. The number of schools at different levels can be opened on certain number of population which should not be ignored.

12. Muslim students need to be given certain concessions in both written tests and interview on the basis of backwardness for admission into technical and professional institutions like the IIM, IIT and others. It can be called Preferential Policies as some of their kinds are operative in the United States for the inclusion of the African-Americans and the Hispanics.

13. There must be strong guidelines for all the public and private schools to give preference in admission to Muslim students who live nearby. Schools engaged in following preference for Muslim students need to be encouraged in terms of funding and other help from the government. Muslim parents must have the confidence of better education from the very beginning in order to avoid drop-out rate and to maximize capacity building in order to meet future challenges.

14. All the Ministries at the Union and state levels need to focus on the problems of the Muslims in respective jurisdiction so that the latter must feel about the fruits of Parliamentary Democracy.

15. Constituencies where members of Parliament have continuously been ignoring the areas where Muslims live in majority on communal and political considerations as it has happened in many cases, should be declared ‘reserved’ for either Muslims or Independent candidates to contest elections.

16. Efforts and mechanisms are required for enhancing participation in governance from top to the grass-roots levels.

17. There is a need to formulate and implement new initiatives for ensuring the participation of the Muslims minority in public bodies through nominations and other required measures.

18. There is a serious need to look into the adequate representation of Muslim majority areas in order to reduce their discouragement towards the benefits of electoral benefits.

19. There should especial attention to the need for giving primacy the relevance of ‘diversity’ as a value and as principle in the country. There is need to celebrate diversity through various engagements on the part of governmental and non-governmental bodies in the larger interests of the country.

20. Efforts should be made to allocate and reserve lands to the Muslim people for their housing and other basic purposes for promoting geographical federalism.

21. All the civic amenities need to be provided to the Muslims areas.

22. There should be strict implementation of 15-Point Programme.

23. Political parties are requested to enhance participation of Muslim individuals within the party, committees, and elected bodies. They should also promote grass-roots workers for making them efficient political actors.

24. Parliamentarians and legislators must be trained about the basic purpose of the Constitution of India and Indian Diversity. They should be known more about the constitutional goals of policies.

25. Anti-Muslim bias needs to be curbed in strong terms. Stereo-type image of the Muslims need to be discouraged. The Censure Board of India should use its conscience to stigmatize them through films, episodes and other stories.

26. Misleading reporting further endangering the life of Muslims during the riots by vernacular media demand strict punishment. Media sectors need to told again and again to give coverage to celebrate festivals and programmes involving the Muslims.

27. Muslims should be encouraged to enter the field of media effectively. The Home Ministry should change its perceptions too for accommodating legitimate demands.

28. Concerned authorities should build parks, road, sanitary houses, water supply stores, adequate supply of electricity, schools, health centres, mother dairies, cooking gas agencies, banks, small stadiums/play grounds and community centres in Muslim concentration areas in those towns and cities where other community/es are provided with such facilities.

29. There should be policies for allocating certain percentage of houses/residential sites for the Muslims and other minorities in order to promote inter-active culture in fast developing urban areas.

30. Social Science texts read in schools following pattern of education of the Centre and the states must conform to the ideals, commitments, directions and principles of the basic Features of the Constitution of India.

31. There should be technical training for non-matriculates and drop-outs.

32. The Ministry of Minority Affairs should come out with various welfare schemes/suggestions as well as a large number of scholarships for various age group in order to facilitate welfare principles.

33. The University Grants Commission should urge all the educational institutions to induct more Muslim staff in teaching and non-teaching departments.

34. Madrasas which have more space and facilities to add more subjects/training to meet worldly needs. For this they should be adequate funds on regular basis.

35. Muslim candidates who qualify written tests should be given preferential treatment and extra marks for better success rates. It has been seen that most of the Muslims come in jobs more on the basis of written tests only. Interview system even in the IIM gets them excluded.

36. Muslim businessmen should be encouraged in getting licenses for industries, easy loans, space/lands and other advantages given to other community members. There must be some mechanism to ensure this.

37. Public Sector Undertakings should have adequate number of Muslims at several hierarchical levels, including Boards, committees, etc.

38. Certain efforts are seriously required to increase the percentage of participation of the Muslims in governments, public and private sectors and other areas of substantial engagements.

39. There must be effective mechanisms for monitoring and verifying the violations of rules by those enforcement agencies whose actions can seriously affect security, safety and freedom of this backward community.

40. There should be the establishment of Special Riot Tribunal for trying both individuals, officials and politicians involved in cases of riots with adequate powers of punishment like what the TADA courts have. It should have powers to try both older (at least 25 years) and new cases of riots. This will be great warning to all those who are enemies of State and Society.


 
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