The demographic actuality relating to the Muslim presence in India which I have referred to is not at all reflected in the State policies, practices and programmes or the official statistical data and numerical figures. In the Central, State and Local Self Governments, in statutory and autonomous bodies, in decision-making and law-enforcing agencies, in public and private undertakings, and in the educational and professional institutions of national, regional and local levels, the representation of the Muslims is - by all standards - far from being even remotely proportionate to their national, regional and local population. Notably, this is also true of the Muslim- dominated Jammu and Kashmir and Lakshadweep and of all those districts where the Muslim population is above the national average. During these 51 years of Independence, State policies, policy-makers' decisions, legislative enactments, governmental actions, and even judicial pronouncements, have made no efforts to ensure in any way that this community actually gets its due in the material resources and the developmental avenues of the nation
Through the Constitution, we the people of India had "solemnly resolved" to secure to all citizens "social, economic and political justice" and "equality of status and opportunity". So far as the Muslims are concerned, this resolution unfortunately has not been fulfilled – its prefatory promulgation in the Preamble of the Constitution and its various explanatory provisions enshrined in the Equality Clauses of Articles . 14, 15 and 16 notwithstanding. Article 15(4) of the Constitution had in unequivocal words empowered the State to make "special provisions for the advancement of any socially and educationally Backward Classes of citizens". The State has so far made hardly any use of this constitutional principle for the benefit of its Muslim citizens - though it has on different occasions and for different purposes recognised or otherwise treated them as an "educationally Backward Class". On the contrary, successive Governments at the Centre and in the States have been trampling underfoot the Cultural and Educational Rights unconditionally conferred, in their wisdom, by the far-sighted Constitution-makers on all the Minorities of the country. Article 30 of the Constitution, which guarantees equal educational development of the Minorities on par with the Majority, by recognising their unconditional right to set up and run educational institutions, has remained something like this: Constitution proposes Government disposes.
.. The Directive Principle of Article 38(2) for the "elimination of inequalities" has not been implemented to any noticeable advantage of the Muslims - despite their known and officially acknowledged economic "backwardness". The Mandate of Article 46 to "promote with special care the educational and economic interests of the weaker sections of the people", so far as the Muslims are concerned, has been virtually rejected in limini. As regards educational development, which is the key to economic development, unfortunately even the Supreme Court, which till late Justice Mohammad Hidayatullah's Mother Provincial Ruling of 1970 had been a saviour of the Minorities Educational Rights, withdrew its helping hand in later years. In 1990, by a judgement, the Court reserved 50 per cent admission-seats in Minority educational institutions for non-Minority students, without reserving any percentage of admission-intake for the Minorities in non-Minority institutions - though in the latter institutions the presence of Minority-community students has been, and remains, negligible and is often found nil.
The Muslims, have to seek due empowerment under the protective umbrella of the Constitution that stresses on secularism and equality of all religions. The Constitution is a product of a century-long national movement in which the Muslims had an equal part. On the basis of the actual experience of these 50 years the Equality and Secularism Clauses of the Constitution have to be further strengthened and developed. Protection of the secular Constitution is, therefore, the first imperative for the Muslims for their own empowerment and for the preservation of the country's image in the comity of contemporary nations.
Muslims have also not played their cards well ... They have kept themselves busy with regard to their religious rights leaving not much time for planning and implementing proper strategies for the educational and economic development of the community. However, it was, and remains, equally important for us to make use of our own valuable scripture and religious teachings for educational and economic development.
An integrated use of the mandatory Islamic injunctions regarding attainment of educational excellence by Muslim men and women, the noble principles of Islamic Economics, and the mammoth wealth of Waqfs scattered all over the country, would have placed the Muslims on a much higher pedestal. If the State has been guilty of overlooking its solemn Constitutional obligations with respect tot he educational and economic development of the Muslims, Muslims too have overlooked the dictates of their religious code.
Fifty years of state apathy ... coupled with its own indifference ... has led to stagnation of the community.
A programme of empowerment of the Muslims through skilful social engineering should be planned and implemented ... (Source: The Hindu, 3 January, 1999)