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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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