Minority Welfare in India: Challenges, Reforms, and the Role of National Commission for Minorities


 

MINORITIES WELFARE

 

Conference of Social Welfare Ministers and Secretaries, 3 February, 1996

Speech of Mr. Justice Sardar Ali Khan, Chairman, National Commission for Minorities

 

 

 

According to the 1991 Census data 17.17% of India's population consists of the five minority communities of which the Muslim minority itself constitutes about 12%, In 25 States and Union Territories, the population of minorities is more than 10% Leaving apart the relatively prosperous Sikh community, the general perception of other minorities is that they have low literacy and low income levels. The general perception is that due to their low share in the services of the Centre and States the minorities are not in a position to play their rightful role in national life. This syndrome of low literacy resulting in low income has to be faced not only for the development of the minorities but also from the overall point of national integration and nationalism.

The National Commission for Minorities was given a statutory basis in May, 1993. It has been given powers of a Civil Court including the powers to summon records and individuals to be exercised in certain specific cases. However, the powers of investigation have not been vested in this Commission as yet. We have made a recommendation to the Central Government to amend the Act to give powers of investigation to this Commission and to bring it on par with other Commissions. We have also recommended further amendment to ensure that on the analogy of the Commission of Enquiries Act, the statutory recommendations of this Commission should be placed before Parliament/Vidhan Sabhas within a period of 6 months. We hope that these two amendments will further strengthen the working of the Commission.

We have made some practical suggestions to the States for the welfare of minorities. I would like to reiterate them:

i) Educational and other qualifications for minorities candidates should be relaxed for recruitment to State Police Forces on the lines of those already in vogue for SC/ST candidates;

ii) A Department for Welfare of Minorities should be set up in States have minority population of 10%

or more.

I am glad that Andhra Pradesh, Madhya Pradesh and Uttar Pradesh have set up separate Departments. It is hoped that other States would also be urged to follow their examples.

I would further suggest that in States where the minority population is more than 10% they may also consider setting up separate Commissions for Minorities as these Commissions provide a very useful link between the people and the policy-makers i.e., between the people and the Government. The Commission independently has the time to go into matters in detail and assess the real problems of the minorities and make suitable recommendations to Governments. The State Minority Commission can, therefore, play a complementary role with the State Government and the inputs provided by the Commission can be invaluable. The Commissions also act as safety valves for minorities and as fora where they can go with their collective or individual grievances. In our endeavour to work in close proximity with the State Governments, we have proposed to the Central Government that the Commission would like to set up 6 regional offices in different parts of the country. These regional offices would be located in areas where there is a density of Minority population and special attention has to be paid to the problems of minorities. The Commission is contemplating to set up a Regional office at Mumbai in Maharashtra to be followed by other regional offices.

 

To the Central Government also we have made some more recommendations for the welfare of minorities

Some of them are:-

i) A separate Department for Minorities Affairs should be set up in the Central Government.

ii) Legal Status should be accorded to the 15-Point Programme.

iii) Educational and other qualifications should be relaxed in the case of Minority candidates for recruitment to Central Police Forces on the lines of those already in vogue for SC/ST candidates;

iv) Continuance of privileges/statutory benefits to individuals belonging to SCs after their conversion to Christianity and Islam- as already in force in respect of converts to Sikhism and Buddhism.

v) The statutory recommendations made by the NCM should be placed on the Table of both Houses of Parliament. A time limit of 6 months is recommended as obtains in the Commission of Enquiries Act.

Education provides the key towards national integration and development of minorities. The Central Government has drawn up a 79 item Minority Education Plan but its recent review has shown that greater awareness and effort is required by the States for its implementation. (We have to) go out of our way to help and encourage the minority communities to set up their own educational institutions as they will lighten the burden of the State in the field of education. Minorities are facing difficulties in obtaining recognition of their institutions. It is necessary to enable them to maintain their minority character under Article 30 of the Constitution. In some States, even after the AICTE which is the only competent and legal authority in this field. grants recognition, they run into difficulties with the States and Universities.

Madarsas need to be modernised. In 1994, the Central Government had announced a scheme for giving grants to modernize madarsas. The progress has been disappointing. Out of about 12000 madarsas in the country, 89 had applied for assistance. State Governments (should) activate this scheme, publicize it, convince the minority managements to take advantage of this Scheme.

The Commission has been monitoring the flow of funds to minorities in 41 identified minority concentration districts. By and large, we feel that whereas under the rural development programmes the share of bank loans to minorities communities is just about adequate, their share in loans for economic activities like industry and services is low (which) is an indication of their involvement in economic activities and self- employment.

The NCM has also been monitoring the left-over TADA cases. Some State Governments had blatantly misused this law against the minorities. This Act caused national rethinking (and) the law was allowed to lapse last year. This Commission was the first Commission (to) suggest that it should be allowed to lapse.

It was also at the NCM's initiative that the Rapid Action Force was created. This Force has justified its existence as it evokes faith among the minorities in time of trouble.

The focus which minorities have in employment in public services need hardly be emphasized. For the reservations, training, encouragement and a sympathetic approach are required. A rightful share of the minorities in services particularly in the police force is a sine qua non and will go a long way in creating confidence in the law enforcing agencies of the State.

The Wakf properties in different parts of the country are in a miserable position. It can safely be said that at least 60 to 70% of these properties are under illegal occupations and encroaches have turned the land covered by Wakf as a business venture. The (new) Wakf Act has been passed and has come into force on the Ist January, 1996. Unless executive power of ejection is given to the Wakf authorities parallel to those given to the Commissioners under the Hindu Religious Charitable Endowments Act, it would be almost impossible to safeguard the wakf properties. The Governments at the Centre and the State are already in a mood to burden the Wakf properties with new obligations and it is not known from what source the Wakf boards could raise the resources to meet them.

The National Commission for Minorities Act of 1993 has to be judged by the response and hopes it creates among the people directly concerned with it. Though the hopes have been raised high but a lot remains to be done in the field of implementation by the Central and State Governments to make it a creative and living enactment.

 

Govt. Statement on NationalMinorities

Development & FinanceCorporation      Equity Capital(Amount (Rs. in lakhs)       Working Capital

 

Central Government                                    5000.00         Cash & Bank Balance                305.49 

Uttar Pradesh                                                  695.00           Loan and advances                 2882.23

Kerala                                                            100.00           (Including Interest due)

Initial Subscription                                                              Investments in Bank                2929.83

 from Promoters                                               0.14                 (including Inst. accrued)

 

Total                                                         5 795.14           Total                                   6117.55

 

                                                                                                        Less: Current Liabilities 0.96

                     Net:                          6116.59

 

Total administrative expenditure:

 During 1994-95                                                                     3.29

 During 1995-96 (budget)                                                   105.29

During April - December (Actual)                                      36.44

The National Minorities Development and Finance Corporation does not directly give loan to the beneficiaries, instead it routes the loan through the State Channelising Agencies (SCAs). Up to 31.12.1995 an amount of Rs. 31.32 crores for 11,377 beneficiaries was disbursed to SCAS.

 Amount advanced till 31.12.1995 to various SCAS is as below:-

                                                                  (Rs. in Lakhs)

Andhra Pradesh                                                98.00

Tamil Nadu                                                     464.00

Kerala                                                             327.14

Karnataka                                                        253.43

Uttar Pradesh                                                  1376.41

Maharashtra                                                    582.95

Madhya Pradesh                                             30.32

Total                                                               3132.25

           

 Board of Directors

 1. Mohd. Hidyatullah Khan                                     Chairman

 2. Chairman, UP Alp Sankhyak Vittiya

     Avam Vikas Nigam Ltd, Lucknow                       Member

 3. Managing Director, Bihar State Minorities

     Financial Corporation Ltd., Patna                         Member

 4. Managing Director, Karnataka Minorities

     Development Corporation, Bangalore                   Member

 5. Managing Director, A.P. State Minorities

     Finance Corporation Ltd., Hyderabad                    Member

 6. Chief General Manager (DPD)-FS,

    National Bank for Agriculture and Rural

    Dev. Corporation (NABARD), Bombay                  Member

 7.Managing Director, Small Industries

    Development Bank of India, Lucknow                    Member

 8.Joint Secretary (M.C.), Ministry of

    Welfare, Govt. of India, New Delhi                         Member

 9.Gurcharan Singh, Managing Director,

     National Minorities Development & Finance

    Corporation, New Delhi.                                           Member

(Source: L&U. Q.No. 424 dated 29 Feb. 1996 by 8.Shahabuddin)





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