89 Matters under Rule 377 VAISAKHA 21, 1914 (SAKA) National Commission 90 for Minorities BiN Rajdhani Express between Delhl-Trivandrum a scheme chalked out for the purpose. and Mangalore which will help a part of Kamataka also. MR. SPEAKER: The House now stands adjourned to meet again at 3.00 p.m. I urge upon t,tle Central Govemment to introduce Rajdhani Express between Delhi, 14.01 hrs Trivandrum and Mangalore to help the people of South particularly the people of Kerala. The then adjourned for Lunch (Ix) Need to provide radial to the till Fifteen of the Clock people affected by earthquake In Tehrl Garhwal, U.P. [English]

SHRI SAIFUDDIN CHOUDHURY The Lok Sabha re-assembled after Lunch (Katwa): Sir, I would like to raise the problems at (our minutes past Fifteen of the Clock faced by the victims of seven earthquake in TehriGarhwal, especially of BhilanganaGhati [MR. DEPUTY SPEAKER in the Chaiij and 60 villages around it. (English) People who became victims of this earthquake could not be traced for weeks MR. DEPUTY SPEAKER: The House together. Many of the injured could not get . shall now take up item no. 8 on the Agenda even first-aid. As a consequence of p3per. Shri Sitaram Kesri. earthquake, people of the areas are facing acute shortage of drinking-water not to speak NATIONAL COMMISSION FOR about the crops which have heavily suffered MINORITIES BILL because of no watering system. ( Translarion) A motorable road between Bhatwadi Bhilangana (Tehri) and Chameli inaugurated THE MINISTER OF WELFARE (SHRI in 1952 was totally destroyed. It should be SITARAM KESRI): I beg to move: repaired and arrangements for drinking - water made immediately. All such areas be "That the Bill to const~ute a National connected with communication facil~ies. Commission for Minorities and to provide for matters connected The affected horses required immediate therew~h or incidental thereto, repairs. It is alleged that assistance given to be the earthquake victims is not adequate. I taken into consideration-. request that a list of affected victims should be prepared and published. Mr. Deputy Speaker, Sir, Congress party had rna Ie an i"1>ortant commitment in its One family should be taken as a unit for election manifesto of 1991 General Eledions the purpose of assistance while rehabil~ating to provide constitutional status to Minorities them. It is also imperative that mobile Commission to make it more effective. dispensaries are provided in those areas enabling the victims to get mediCines. Hon. President had also reiterated it in 14.00 hrs his Presidential Address delivered in the Parliament in July 1991. Prime Minister had There are big cracks in the hill-rocks. It also assured the House about the introduction Is feared that during rainy season they may of a Bill during the current session to solve come down. It Is, therefore, requested that the purpose while replying to the Motion of necessary financial assistance be given and Thanks on Presidential AddI'8$$ recently. 91 National Commission MAY 11,1992 for Minorities Bill 92

ISh. Sitaram Kesri] Commission for Minorities and to provided for matte~ connected Therefore,l have moved a Motion in this therewith or Incidental thereto, be regard on 4th May, 1992. Now I would taken into consideration.· request the House that this Bill may please be taken into consideration. PROF. RASA SINGH RAWAT (Ajmer): I beg to move: At the outset, I would like to tell you that this bill has been introduced to instill "That the Bill be circulated for the confidence in the minorities and the security purpose of eliciting opinion thereon measures provided in the Constitution are by the 18th August, 1992: fully implemented.

MR. SPEAKER: Now Shri Advani. Minority Commission having statutory back up would prove more important and SHRILAL K. AD VAN I (Gandhi Nagar): influential in practice in \h~ State Sir,l rise to oppose this Motion moved by the Governments. administration of the Union hon. Minister. I oppose it not only because of Territories, and departments of Central the contents of this particular Bill, but I Government and other institutions. The Bill oppose it on more basic grounds. I regard it propose to vest such powers in it that would as one more example of the Government's enable the Commission to summon any mishandling of this issue which is ostensibly person, to ensure his presence and related to minorities, but which, I believe, is investigation and presentation of any very much linked up with the unity of this document. The main responsibility of the country. Commission would be monitoring of the implementation of the security measures to As it is, I regard this particular piece of protect the interests of the minorities in the legislation as itI-conceived and retrograde. « Acts of the State Governments and Central will solve no problem; it will create new Government. This Commission would also problems. In fact, it will into achieve anything. investigate any complaint regarding the « will serve no useful purpose. All that it deprivation of rights to minorities and security would is to promote divisiveness which is measures for them. already there and what "the appetite of separatist forces. This is my feeling and «WOUld also organize studies, research therefore it is that I rise to oppose this Bill in and analysis on the issues concerning socio­ toto. economic and educational development of the minorities, so that proper remedial I had a view that I might plead for a meaSJres for overcoming shortcomings reference to a select committee orcirculation could be taken into conSideration. With these for public opinion, but it would in theory at words, I would request the House that least commit me to accept the principles of provisions of the Bill be taken into the Bill and, therefore, it is that I did not move consideratIOn. any Motion olthat kind and I have soughtthe indulgence of this House to listen to my {Eng/ish] arguments as to why J thought this Bill is iII­ conceived and why n would be counter- " MR. DEPUTY SPEAKER: Motion productive. Because, I do not want to say' moved' that the Govem~nt deliberately wants to weaken the unity J would not say that. But "Thatt~BilltoconstltuteaNational right from, years back, and in fact, when I 93 National Commission VAISAKHA21, 1914 (SAKA) for Minorities Bill 94 was going through the excellent book, in five fact, an absolutely separate parts of Shri B. Shiva Rao on the "Framing of community, district by marriage, the Indian Constitution- I noticed that the food and custom and claiming in very first sentence under the chapter many cases, to belonging to a race 'Minorities' says that - different frorn the Hindus:

"The problem of minorities had This is the thesis propounded by the British bedevilled Indian politics for a long rulers. A thesis which the leaders of the time. It was in fact a one single freedom movement in this country never factor above all others that held up accepted and they aU along felt that this Is the progress of the country towards wrong and it Is p6rverse to think in terms of freedom and independence." Muslims as a separate race, not morally as a separate religion but as a separate race. Now, Shri Sitaram Kesri

in this country, andthatthere is only feeling of injustice. The truth is that every one cormoonity". section of society in this country -the situation being what it is; the difficulties being what Fortyfour-fortyfive years after that what they are; the economy being what it is and are we doing? Nehruji described it as a the fact that we are a democracy, we did not "historic tum in our destiny". He said: go in for any authoritarian rule and which democracy makes us a free society In which • A safeguard of this kind, would every section including say the Brahmins in have some point where there was Tamil Nadu, from which my hon. friend autocratic or foreign rule; it would comes, have a right to feel aggrieved and enable the monarch to play one say what is it? We are being aggrieved again. community against the other." We are being ill-treated. Every section of the society harbour a sense of injustice. But He added: these Bills are not addressed to those sections. This kind of Bill is addressed in "But where you are up against a full name, of course, to the Christians, to the blooded democracy, if you seek to Paris, to the Sikhs etc., but actually it is give safeguards to a minority, you addressed only to one section. I am sorry to isolate it. May be you protect it to a say that this is not prompted by any earnest slight extent, but at what cost? At consideration of their interest. This is the cost 01 isolating it and keeping prompted by sordid politics of the vote it away from the main current in banks. It is unfortunate but it is true. When I which the majority is going, at the say this, I may be accused of being a political cost 01 forfeitingthat inner sympathy leader belonging to a particular persuasion and fellow-feeling with the majority". and in the Opposition today who is making this accusation. But I was surprised to know Mr. Deputy Speaker, through you, I these very days, after this Bill carne up and would like to tell the hon. Minister that what I started studying it, that an outstanding jurist they are doing today - I do not know how and an outstanding legal authority - whose much - is going to assuage the feelings of the volumes we always refer to whenever here minorities to which they are addressing is any legal problem and I am sure my themselves. But, I do not know that the leamedfriend Shri Somnath Chatterjee would majority which has been proud of the fact be knowing him personally - Shri D.O. Basu that this country in 1947 rejected theocracy, alsofeels like it I was going through his notes that this country in 1949 - even though the and his books - one of them - a small country was divided on the basis of religion introduction to the Constitution of India - here - did not emaJuate Pakistan. This country in with me.lfoundthat he refers to the situation 1949 if it had chosen to become a theocracy after 1980 elections and in the concluding like Pakistan, the world would not have chapter of this introduction he says: . Harned us. But, this country after 45 years seems to sufferfrom - at least the leadership "The present chapter would be -seems to suffer from a gilt complex that we incofT1>lete without recounting the have been unfairtothe minorities. Therefore, ominus trends which have been something needs to be done to see that this revealedsince the general election sense of injustice and grievance that they of 1980 as regards the ever harbor must be removed. This particular BiD aggressived demands of the atbestthe mostcharitable Inthe interpretation religious minorities. The most that I can give is intended to remove that grievous feature of this post- 99 National Commission MAY 11,1992 for Minorities BiN 100

ISh. lal K. Advanij not about a Minorities Commission. That became an aberration, a distoration about independence development is that which within the Government we said what the minorities have held up their we wanted to say. But as part of the vote as a bait and political leaders Government I hold myself guiltyforthat also. from the majority community, I would not absolve myself of that guilty. belonging to different parties, have Today you are going a step forward. indiscriminately swallowed that bait ( Interruptions) in their election manifesto and alliances·. SHRI BHOGENDRAJHA (Madhuban:j: Not only the Government, but of that party When Shri Sitaram Kesri tells me that he is also. moving this Bill only because he has to fulfill a particular commitment which he had made SHRI LAL K. ADVANI: Yes, I was party , in his manifesto it only convinces me of the to that. Therefore, I am pointing it out. above point. Therefore, Shri Basu - who is ( InteiTuptions) not a politician - says: SHRI MOHAMMAD YUNUS SALEEM "In this background, it is the duty of (Katihar): You have now become a little an impartial academician to point wiser. out to a nationalist Indian that to accept such demands of the SHRI LAL K. ADVANI: Yes, Just as the Minorities would be to tear India Constituent Assembly became wiser atter into pieces, with a second Pakistan those 60 years. for Muslim-majority areas or a Christendoom for Christians or a Everyone learns from past folli. Here, I Khalistan so far as the Sikhs are find it purposing that these very people most concerned". 01 them who were there in that 1977 days, used to tell us: This kind of warning is being given by Shri Basu. n is not a nisgiving being expressed [ Translation] by and Opposition political leader OOlonging to the . It is this that Why did you accept it? You should not makes me feel that I wish there have been have accepted it. You have committed such more thinking about this issue. a grave mistake, that is why they want to go a step further. Why is that only in 1991 did your manifesto come out with this? Why was this [English] not said earlier? After all, I hold myseH guilty for having been party the creation of the They want to go forward. I am sure that Minorities Commission, even though or an if the BJP has not been there in this strength, administrative level, without

have returned us in this great strength. but This is the only definition given of minority why are you doing? I wish you had in your which means that tomorrow if say. an Arya opening speech narrated what are the Samaji applies saying that' we are a minority'. injustices that are being done to the so-<:alled the Ramakrishna Mission which has already minorities because ofthe absence of statutory had a case in the court that ' we are not powers to this Minority Commission. Hindus· .....

SHRI MOHAMMAD YUNUS SALEEM SHRI SOMNATH CHATTERJEE (Katihar): Was it not your commitment when (Bolpur): They have been found to be a the Minorities Commission was constituted? 'minority'. In 1978 when the Minorities Commission was constituted. it was said that very soon SHRILAL K. ADVANI: Yes. they have legal status would be given to this been found to be a minority thOl '~h the Commission. Supreme Court has been endorsed that till now. But this Government has acquired the [ Translation] rightto do it on its own. Whether the Supreme Court or the High Court may say anything. SHRI LAL K. ADVANI:I told you that as but they have assumed to themselves the far as Janata party election manifesto is right to declare any section as 'minority'. This concemed. it is an aberration from the election kind of fussy incohate conception of a manifesto. minority. where is it going to lead to? And. therefore. the arguments that were advanced [English] by a former Chairman of the Minorities Commission on why the Minorities It was a distoration from the Manifesto Commission should be converted into a and thaL .... National integration-cum-Human Rights Commission have become very relevant. It SHRI MOHAMMAD YUNUS SALEEM: is he who said that till now .... (lnterruptions). That is why I am saying ..... He was Justice Beg. He was the Chief Justice of the Supreme Court and then later SHRILAL K. ADVANI: Yes. yes. I was on he became the Chairman of the Minorities at fault. That is what I have said. Commission. (Interruptions). He was asked. 'Who. according to you. are the minorities?' SHRI MOHAMMAD YUNUS SALEEM: He admitted that there is no definition of You were a Member of the Cabinet minority as such. The present policy of the Committee. Minorities Commission is to confine its attention to five communities which it SHRI LAL K. ADVANI: That was there. recognises as religious minorities. namely. I was hamstrung. (Interruptions). I have MUSlims. Sikhs. Christians. Buddhists and come here not merely to oppose this Bill. but Zorastrians. These are the five communities also to formally recommend - after all. in which. according to the Minorities this country it is not merely minorities which. Commission at that time were supposed to according to this Bill. are suggested. though be minorities Commission at that time were it is a very strange situation that the definition supposed to be minorities whose concerns. ofthe 'minority' asgiven in this Bill Is. "minority· whose interests. diSCrimination against whom forthe purpose ofthis Act means acommunity was to be probed into by the Minorities notified as such by the Central Government.' Commission. 103 National Commission MAY 11, 1992 for Minorities BiB 104

ISh. Lal K. Advanij and is used today fora congeries of communities whose religions are He also mentioned: believed to have an Indian origin, but each of which constitutes and "That claims have been made on acts, on the whole, as a separate behaH of the Jains and the Bahais ethnic group or entity with its own which are still under examination customs and traditions; and, their by the Minorities Commission." religious beliefs and forms of worship too vary considerably." I do not know what is the present position, and whether any Minorities Commission had Then, he observes: subsequently taken decision on this. But the kind of authority that you have assumed ore "Hence, some observers have gone you are seeking to assume will make you all to the extent of asserting that India powerful and then claims will .be made to is a land of minorities, from the declare some people as 'minorities'. These point of view of group affiliations, days claims are made to declare some people and that there is nothing like a as 'Scheduled Tribes' or 'Scheduled Castes' Hindu 'majority community'." etc., because certain benefits follow thereupon. Now, every section of the Indian Then, he makes a very pertinent remark society is going to seek to be declared as a which I quoted from Shri P.O. Basu and I 'minority' by the Government. No Court is quote now from Justice Beg, the Chairman needed for that. Do you realise the of the Minorities Commission. He says: consequences of this? Would it not have been necessary that in a statutory provision "To think of Hindus as a single of this kind, the word 'minority' should have monolothiccommunity may appear been more precisely defined? I can to some to be quite unhealthy. The understand some measure of flexibility, but feeling and belief that there is such not this kind of arbitrary authority that you a single 'majority' community, have sought to vest in yourself. whose machinations the minoritieS should fear and try to protect In the course of that argument that themselves against, were fostered Justice Beg gave, he made a very pertinent by our foreign British rulers during observation and that in a way says that a colonial past. They sought to Hindus are not a majority in this country. He 'divide and rule' us. Even after the does not say that specifically, but if this is the British have quite India, the same approach, he says: divisive patterns of thought and feeling have been adopted in "Indeed, it has been urged by some soliciting votes and competing for that the term 'Hindu' does not power or for benefits whether indicate a single monolithic religious political or ~onomic. This vicious community, which could be property circle has to be broken. How can described as a religious 'majority'. this be done? This is the crux ofthe In origin, the term stood for those problem before us." who resided in the region of river 'Indus'. By an extension, for political Here is an accusation against you, against purposes, the descriptive term the persons who bring in Bills of this kind, Hindu has become associated with made by a former Chairman of the Minorities 105 National Commission VAISAKHA21, 1914 (SAKA) for Minorities 8HI 106 Commission that you are only following the longest note of Mr. Beg which he has written British pattern. The concept of 'minorities' in 1987 or 1988, I was surprised to find, was injected into the body politic of this reference also. When he said this, obViously country by the British and you are followillQ someone must have told may-be from the it up after 45 years of independence, after Minorities Commission, "What you are saying the Constituent Assembly had laid it to rest is precisely what the BJP is demanding and practically. Now, you are reviving it again why are you saying that?· He says, it is no officially. This is being done by the Congress real answer to the need pointed out to any Party. H it had been done by the earlier that it should not be made sifl1>ly because Government, I might have understood some political party other than the ruling something. Even then, my reaction would Congress has supported such a measure. have been the same. But I cannot understand Indeed such support if it really exists should this Government doing it and this Party doing provide an added reason favouring the it. particularly today except for the fad that recommendation made by this Commission you had written in your manifesto, except for which seeks to advance propositions which the fact that you think that in this game of are acceptable to and accepted by all political competitve politics for vote bank, you would parties because they promote constitutionany be again outstripped by your adversaries on enjoined basic objective to which all swear this side and on account of this fear, you are allegiance. going to the extent of bringing a Bill of this kind which goes against partically what the With this kind of background, I feel Chairman of the Minorities Commission had emboldened to urge you again to reconsider said earlier. I wish you could reviue your this Bill. After all, this Government has been opinion even now, becaul!® call that I say or on record talking about the Bukan Rights all that Mr. Beg says is not to scrap the Commission also. But that Human Rights Minorities Commission. He does not say Commission is regarded only as a kind of that. antidote to the kind of allegations that are being made against us from abroad, say, Amnesty International etc. We think that we He says, "Convert it into the National can paper up things that are happening here, Integration-cum-Human Rights the kind of killings that are going on in police Commission". If there is a case of stations or excesses that are committed discrimination against a Muslim or a Muslim else-where by setting up the official Human group, if there is a case of discrimination Rights Commission and saying that we also against the Parsis, against the Christians,let have the Human Rights CommiSSion to look the Human Rights Commission go into it. But after it. I think, both the purpose can be this sort of situation that the greatest case of combined if there is a statutory authority injustice in free India's history has been suitably armed, suitably equipped, with perpetrated against the Hindus of Kashmir suitable personnetatthe hem of affairs. Both and the Minorities Commission cannot do these purposes can be looked after - the anything about it, only because they are human rights purpose as well as the question Hindus, is not going to contribute to national of discrimination against any citizen of the unity. It is this that would be obviated instead country, wh~ther he belongs to the so-called of Minorities Commission, if you set up what majority or the so-called minority. This Justice Beg described as the National purpose would be fullY seIVed if Justice Integration-cum-Human Rights Commission Beg's recommendation and Bhartiya Janta which we have been describing as the Human Party's commitment in its manifesto Is Rights Commission. In fact, in this particular accept~ by the ruling party. 107 National Commission MAY 11,199'. for Minorities Bill 108

[Sh. Lal K. Advanij SHRI OIGVIJAYA SINGH (Rajgarh): Hon. Deputy Speaker, Sir, I rise too support If you do not do it, I can only warn you. this Bill. Your earlier Congress Government made a I heard with rapt attention hon. Advaniji's historical blunder when you succumbed to very forceful plea as to why this Bill should be the fundamentalist lobby bn the issue of rejected outright and I was happy to note that Shah Bano in 1985. I am of the view that _ at least he accepts the guilt of being a party unless you review your opinion and revise to tr.c ortlcial govemment resolution of the your stand, you are going to commit a similar thel' ';anata Party Government in 1978 in kind of monumental and historical blunderby which the Minorities Commission was passing this Bill. This Bill is not going to serve created, though without powers. any purpose. It will add to divisiveness. In this particular case when D.O. Basu spoke This is a double standard of the BJP and about the demands being made by the Mr. Advani, in particular. They had no qualms. minorities which various political parties have They had no difficulties in accepting the incorporated in their manifestoes, he identified support of the rank communalism like Shahi three particular demands. Firstly they want Imam Bukhari in 1977 election. They had no proportional representation in Legislatures q'Jalms in catching Muslim votes because of and services. Secondly they want minorities the Fatwa of the Shahi Imam Bukhari. to be given the statutory and constitutional Probably Mr. Advani was not aware of the status. Thirdly, they want that article 44 credentials of Shahi Imam Bukhari by then. relating to the uniform civil code be totally He has also become wiser. Probably he had disregarded or repealed. If these three not read the Constitution debates, Shiva demands are to be accepted, he says, then Rao's speeches on Constitution or he had we are destroying the basic tenets of the not read the speeches made by Samar Patel Constitution of India. This is the opinion of and Pandit during the Mr. D.O. Basu. I would plead with you, if you constitutional debates. surrender on this particular demand, the time will not be far when you will be Why the minorities of this country feel surrendering on the other two issues also. alienated? This is something which has to be Already your Government has committed understood. This can only be understood if itself to creating a riot police force on you are a minority yourself or you have some communal grounds, on communal kind of a softness or some kind of affiliation conSiderations The riot force is necessary. If with the minority communities in this country. there is anything lacking in the present Police Let us do some introspection ourselves. force, it must be reformed. If they are also Have we treated the minorities of this country polluted by the communal virus, action should fairly? How many people of the minority be taken against those individuals or those community are in the lAS? How many of groups. But to allow the composition of any them in the IPS? How many of them in riot force to be based on community or Government services? religion is a remedy worse thean the disease. But you are committed to it and just as you SEVERAL HON.MEMBERS: Who are committed to this parlicularminorities Bill prevented them? being given statutory status, I would like to warn the Government that this is a sworn SHRI OIGVIJAYA SINGH: The attitude path that you are pursuing. The sooner you which Mr. Advaniji and the BJP represents in do away with it, the better for the country's this country .... (/nterruptions) I did not unity andlfle batterforthe so called minorities. interrupt. 109 National Commission VAISAKHA21, 1914 (SAKA) for Minorities Bill 110

MR. DEPUTY SPEAKER: You kindly inflammatory slogans made by the BJP. the bear with him. RSS workers, by the volunteers of the VHP during the Ram Rath Yatra of Shri Lal K. SHRI DIGVUAYA SINGH: I did not Advani. It sparked communal riots all over interrupt him. Today if the minorities of this the countries. (Interruptions) country feel alienated, we should be blamed. Hwe had treated the minorities proper1y, this MR. DEPUTY-SPEAKER: I shall look demand would not have arisen. into it, I if it is irrelevant.

The definition of Hindu, as defined by ( Interruptions) Shri Advani here in this House and as defined by the RSS cadre in the field is qune [ Translation] different. SHRI MADAN LAL KHURANA (South I qune agree when he said that the term Delhi): During 1984 elections you had raised 'Hindu' quite refers to the people here living the slogan·· on this side of the river Indus. But the definition and the meaning of Hindu as spelt You had raised slogan out by the leaders of the RSS and Vishwa about...... ( Inte"uptions) Hindu Parishad and as proclaimed by them, on the ground, is much different to what Mr. SHRIMATI SUMITRA MAHAJAN Advani says in this House. (lnte"uptions) (Indore): You had also given ••

What is this slogan of 15.51 hrs.

(Inte"uptions) We have heard this from [SHRI P.M. SAYEED in the Chair] the RSS. and when the Ram Rathwas being taken out. when Shri Lal K. Advani was going [English) all around the country. these were the slogans raised by the RSS people. This is precisely SHRI DIGVUAYA SINGH: This is the the position. I am not yielding. (/nte"uptions) double-standard of the BJP and the Leaders like Shri Lal K. Advani. They every hesitated SHRI RAM KAPSE (Thane): Sir. I am to parade Shri Sikandar Bakht into the MusUm­ on a point of order. dominated areas during the elections. If they really are not so concemed about the Muslim MR. DEPUTY SPEAKER: He is on a vote-bank or Hindu vote-bank or whatever point of order. Let us hear him. vote-bank they talk of, why do: they parade Shri Sikandar Bakht into the Muslim­ SHRI RAM KAPSE: Shri Digvijayasingh. dominated areas during the elections? This while referring tothe RSS, quoted one slogan is precisely their attitude. which the RSS had nevergi~en. He is quoting that quotation without any information. This ( Translation) is my point of order. I request the Chair to expunge these remarks. (Interruptions) SHRI MADAN LAl KHURANA: You should first join RSS, learn the definitions SHRI DIGVUAYA SINGH: I am only Inere and then speak something. relating the events. I am only referring to the ( Interruptions) ··Expunged as ordered by the Chair. 111 National Commission MAY 11,1992 for Minorities BiR 112

MR. CHAIRMAN: You must listen, If all specific instances where senior officers have of you start this way, it would become been punished on flimsy grounds. ilJl>Ossible. ( Interruptions)

( Interruptions) MR. CHAIRMAN: Order, please, You are a senior Member. DR. lAXMINARAYAN PANDEYA (Mandsaur): First tell us the definition. How (Interruptions) does Hindu Parishad define a Hindu and howOOes RSSdefine a Hindu? (Interruptions) ( Translation]

[English] MR. CHAIRMAN: If you utter anything objectionable ,It would beexpunged from the MR. CHAIRMAN: If there is any proceedings ..... ( Interruptions) objectionable thing, I will expunge it ...... but not like this. [English]

( Interruptions) SHRI DIGVLJAYA SINGH: In all the States ruled by the BJP, in Rajasthan, 200 SHRI : Would the Muslims were detained under T ADA. VHP accept the Muslims as a Member of their organisation? They will not. So, when ( Translation] they do not....(/nterruptions) SHRI MADAN lAl KHURANA: Mr. This is what I am saying. The definition Chairman, Sir, it is wrong to allege that in as propounded by Shri lal K. Advani on the Madhya Pradesh Government Muslim floor of this House differs vastly from the community alone ~ is being understanding and the meaning of Hindu by prosecuted .... ( Interruptions) the workers of the BJP and the VHP. This is what I say the real example of double­ SHRI DIGVLJAYA SINGH (Rajgarh): I standard as practised by the BJP. am making this allegation with full responsibility ...... ( Interruptions) ...... Today, in Madhya Pradesh the Muslims are being persceuted; they are being SHRI MADAN lAl KHURANA: If I harassed. The Christians are being charge that Hindus are being massacred in persecuted and harassed. They have lost Kerala. would he dare to talk In such away? their right of civil liberty (Interruptions) [English] ( Translation] SHRIDIGVIJAYASINGH: Itotallyagree SHRI lAXMINARAYAN PANDEYA with you on this point. This Bill should have (Mandsaur): How did you come to remember included the State of Jammu & Kashmir. I Madhya Pradesh? You don't seem to have always held that the special status remember anything else ...•. (/nterruptions) enjoyed by Janvnu and Kashmir has to be respected. BU1 at the same time, this Bill and [English) the Protection of Places of Worship Bill, I demanded, at that time also, that Jarrmu SHRI DIGVIJAYA SINGH: I have got and Kashmlrshould have been brought under 113 National Commission VAISAKHA21, 1914 (SAKA) for Minorities BIll 114 the ambit of this Bill. There, the Hindus are in you can speak. But he is not yielding, Then the minority. And by excluding that State, we why are you disturbing ? are giving to BJP a handle to defame this kind of a Bill. That is why, I would urge upon the ( Interruptions) hon. Minister to seek the clearance of the J&K Govemment and include that State [ Translation] under this Bill. SHRI lAKSHMI NARAIN MANI Hon. Advanijl was saying that theocracy TRIPATHI: let you first say who is Hindu, was rejected in 1947. But what really is he what is the definiton of a Hindu? propounding? He is propounding the creating ( Interruptions) of a theocratic State in this country. That is what he stands for and that Is what his party PROF. RASA SINGH RAWAT (Ajmer): stands for. Sil, this is what I say. Shri Advani, Mr. Chairman, Sir, this is a sensitive Issue. I in lok Sabha is quite different too Shri would, therefore, request the hon. Men1:ler Advani, in lok Sabha is quite different to Shri or think before he speaks, so that no tension Advani, in lok Sabha is quite differentto Shri is generated in the society. Dangerous Advani on the streets of this country. This is situations are being created by leveling what I call as double standards of BJP and allegations ancl counter allegations. That is Shri Advani. He says one thing on the floor my submission to you. (Interruptions) of the House and says quite opposite thing on the streets of this country. His [English] inflammatory speeches, thet inflame communal passions in this country. It is SHRI DIGVLJAYASINGH: Sir, we stand because of the very behaviour of the BJP forcommunal harmony and notforconvnunal and their die-hard communalists, the division as you people want. The credentials minorities deserve special protection. And ofthisGovemment as a secular Govemment this is what this Government has done. and as a protector of minorites stands ( Inteffuptions) vindicated by bringing in this Bill. I have a slight grievanCe on one point. The power to Please do not worry about my coming inquire into specific complaints which was here, because I fought tooth and nail and requested by the Minorities Commission, won this election. I have never come to this was requested under the Esquire House with you blessings. let me make it Commission Act. But unfortunately, the very clear. (lnteffuptions) Up till now, it was provisions of the Inquiry CommiSSion Ad the BJP which has won and I defeated your which were madeforthe SCIST Commission RSS leader. have not been made forthis specific Bill. The provisions have been made as that of a Civil This Government needs the suit. Sir, you would agree with me that such congratulations. They have not only fulfilled complaints as brought forward to the our election promise but they have given Minorities Commissioned summary disposal. dynamic power to a toothless Minority Therefore, the provision for inquiry into the Commission which really could not look after complaints should be made; the Minorities the interests of the minorities in this country. Commission should be armed with the ( Inteffuptions) specific provision, as is given in the Inquiries Act, instead of the Civil Suit Act. This is one MR. CHAIRMAN: You do whatever you lacuna which should be put straight. want when you can speak. But not like this. The other thing Is about the term of the Chairman which has been restricted to three ( Interruptions) years which I think, is not correct. We have kept the term of the Chairman as three to five MR. CHAIRMAN: It he yields then early years for ST/ST Commission. Therefore. for 115 National Commission MAY 11,1992 for MInorities Bm 116

[Sh. Digvijaya Singh] number of instances. specifically in the State of Madhya Pradesh to which State I belong the Minorities Commission also, the term of to and I have seen a number of communal the Chairman should be three to five years. riots. The people Involved In the communal The Minorities Commission has not been riots were given curfew passes by the local empowered with the specific powers to administration .. Persons involved in the investigate and prosecute all suit offenders communal arson and loot were sitting in the who have prosecuted the minorities, who police stations and guiding the police to have taken the double standard as far as arrest the people from the minorities dealing with the minorities are concemed. communities.

In other countries also, there are One more instance I would Ike to narrate. Minorities Commission. There is a In the home town of the Chief Minister of Commission on Racial Equality in UK also. Madhya Pradesh, the Government of These Commissions have also got the Madhya Pradesh in its notification had notified powers to prosecute, to investigate also. about 3600 feet of land on which the Mosque These powers should also be given to the was constructed. It was a Government Minorities Commission which is very notification; it was a Wakf property. But the necessary. Su mmons may be disobeyed, as Government of Madhya Pradesh, without it is done in most of the cases. I know of a giving notice, have demolished the structure number of cases. The complaints were field around the Mosque and reduced it ..... with the Minorities Commission here in Delhi, because we could no do it in the Madhya DR. LAXMINARAYAN PANDEYA Pradesh State, since the. Minorities (Mandsaur): I am on a point of order. Commission has been disbanded there. For a number of complaints, the summons have SHRI DIGVIJAYA SINGH: Sir, what is been disobeyed. They have not been this? Let him reply to it in his speech. answered. That is why, there sho!1ld be a specific provision for levying penalties ,'n all DR. LAXMINARAYAN PANDEYA: Let such persons who do not respond to the the Chairman decide that. How can you quaries of the Minorities Commission. So, decide it? I have raised the point of order, Sir. such special powers have to be given; and more teeth have to be given to the Minorities [ Translation] Commission to make it more effective and more meaningful. When discussion in the context of minorities is going on let me allows refer to The terms which were notified in the the same. The Madhya Pradesh Govemment 1978 Resolution were much wider that what has neither issued any such notification nor is given in the Minorities Commission. The has any demolition been done. What he is programmes, policies and the laws being stating is but a distortion of facts. The Madhya inactive, how will they affect the minorities of Pradesh Government has on the contrary. this country? So, the Minorities Commission formed the Human Rights should be given the powers or review all Commission ...... ( Int9ffuptions) such policies and laws so that they could advise and suggest remedial action to the [English] Government. SHRI DIGVIJAYA SINGH: He can rebut "s I have already told you, there are a it in his own speech. 117 National Commission VAISAKHA21, 1914 (SAKA) for Minorities Bill 118

MR. CHAIRMAN: There is no point of of minorities by the Central order involved in this. Government or the State Government". SHRI DIGVIJAYA SINGH: What I was telling was thai oul of 3600 sq. 11. of land Public undertakings and quasi Govemment belonging to them, the Govemment, without Institutions must be added after this because notice, has demolished the structure and the commercial banks and other public has confined to 600 sq. ft. only. There is a undertakings also should be sobered by the specific court order which the Madhya Minorities Commission Bill. Pradesh Government is not accepting. With these words, I would like to congratulate DR. LAXMINARAYAN PANDEYA: the hon. Prime Minister and Shri Sitaram There is no such Notification. Kesri who has always been championing the cause of the minorities, backward classes MR. CHAIRMAN: When you get a and the Scheduled Castes of this coutnry. I chance to speak, you can rebut it at that time. wholeheartedly support the Bill.

SHRI DIGVIJAYA SINGH: The 15-point I would urge upon our friends from BJP . programme initiated by late Shrimati Indira to keep their communal thinking under garb Gandhi is not being followed. I would urge so that they can be secular as they are trying upon the hon. Ministerto review this State by to show themselves. That is why I urge upon State because this is a programmer for the the whole House to accept this Bill minorities of this country; and this is a unanimously. programmes of the Govemment of India. Therefor, the hon. Minister must review the [ Translation] implementation of the 15-point programmes in each State and punish those States which SHRI RAM VILAS PASWAN (Rosera): are not following the recommendations and Mr. Chairman, Sir, I support this Bill, the decisions of the Govemment. nevertheless, I would demand that the drawbacks of this Bill must be removed with In Madhya Pradesh, it was proposed firms. It is a question of political will. that every Selection Committee must !lave a member of the minorities communities. But, Mr. Chairman, Sir, what was, unfortunately, I know of a numberof Selection necessitated to constitute the Minority Committee where minority community has Commission with alleamestness. Shri Advani not been represented. That is why I say that has rightly said just now that the Minority you must give all the powers possible too a Commission was constituted in 1977-78 Commission for Minorities because of the during the Janata Party regime. I do not threat to their very existence because of the believe that formation of the Minority unruly and undignified behaviorol the BJP in Commission was a mistake, rather it was a particular in the State and theirGovemment. historic deed. Credit also goes to Shri Advaniji (Interruptions) I support the amendment who was a Minister during that period. I made by Shri E Ahamed. In the Bill on page would still like him to share the credit by 3, line 36 reads as follows: extending his co-operation to a good cause. Steps should be taken to further this kind of "Make recommendation for the work. effective implementation and the safeguard and protection of interest Mr. Chairman, Sir, it is a matter of pride 119 National Commission MAY 11,1992 for Minodiss 8iI 120

[Sh. Ram Vilas Paswan) terrorism. When there is a reference to minoritits, It Includes not only sikhs b~ that the Govemment did good work during Muslims, Parsis and Buddhists also. The 1977-78, be it the question of price-control or fact, however, remains that 900/0 minorities any other thing. Moreover, Shri Atal Bihari are Muslims. The Punjab and the Kashmir Vajpayee was also a Minister during that are now burning under great flames. period. There was, however, no problem of Ram Janam Bhoomi issue. I would like too Mr. Chairman, Sir, it is for the first time el'Jl)hasise that the issue of minorities is a that people of majority class are raising such matter of Constitutional responsibility. In this slogans. nthe dema~d for a Hindu Rashtra connection when I was talking to Shri Kesriji is made, how can you be Olble to check the I told that there has been a special provision demand for a Kalisthan? The Christians will in the Constitution forthe Scheduled Castes, demand a separate nation in the North-East Scheduled tribes and the minorities and it in the name of religion. I WOUld, therefore, has been mentioned that there should be urge that it is the responsibility of the majority arrangement to protect their rights. Article 25 to bring the minority into the mainstream of to 30 of the Constitution deals with the the country. I would also like to say that the interests of the minorities. We could not do Sikh religion has not come into existence a much in this regard because we were just in long time back. You will not find any Brahman a different situation. We lacked your support among Sikhs. All the Sikhs .have their origin and some of those who sat beside us in our from scheduled castes and many of them Government had different views. Now the were jats and those days jats had the same Govemment should not observe economy in social status as that of the scheduled castes providing support' and it must provide these days. minorities with the equal rights as are envisaged for Scheduled Castes and Many people often talk about Babar. I Scheduled Tribes. have also been a student of history. Who was ruling when Babar came to India? India Mr. Chairman, Sir, I am not in favour of was being ruled by Ibrahim lodhi. It was leaving the question of welfare of the Muslim rule thattime. All the Muslims had not minorities to the minorities themselves. n a come with Babar. Today, there are Muslims section of the country is weak it amounts to who are converts from scheduled castes, the weakness of the whole country. The muslims who are converts from Gullars, and country is facing criSis on the front of self­ Muslims who ace converts from Brahmins. defence, protection of people, wealth and Even today there are people who on the one property Le. almost all the fronts. Unless the hand are ·Maulana· and on the other hand country is strong wholly, it cannot prosper. I they arc -Pandit·. Religious conversion is would like too tell not only to the B.J.P. but to going on today as well. A fow years back a the Congressmen also that a very wrong religious conversion took place in thing was done against the Sikhs in 1984 in Meenakshipuram. A few days back, 300 the wake of Indiraji's assassination. The families embraced Sikhism in Meerut. Why result is that the Punjab is burning today. The does this happen? Everyone does not get problem of Punjab has always enhanced the n~ney from foreign countries. Today, we prestige of the country through thick and aro taking about Hindus. It is very good to thin. It can solve the problems of water and talk about Hindus, but what is meant by the the capital itself, but the wounds received by word 'Hindu'? The way in which Hinduism is sikhs in the wake of Indiraji's assassination standing, one persons foot is on the others is manifested in the shape of horrible forehead and tin such a condition continues, 121 National Commission VAISAKHA 21, 1914 (SAKA) for Minorities Bill 122 discrimination in the name of caste shall claimed that there were 51 % Sikhs and 49% continue to exist in this country. That is why Hindus. Punjab is burning today on this to Muslim, Sikh or a Christian opposes account. Whenever we spoke In favour of reservation which was brought in by the the rights of the minorities there was a Mandai Commission. Mandai Commission reduction in their rights on the part of the and reservation is opposed only by those Government. Today, Farooq Abdullah Is with who call themselves Hindus. That is why we you, but when Farooq Abdullah was strong shall have to go into this very deeply and that he was compelled by you and G.M.Shah is why we repeatedly saIVllatwork of cleaning formed the Government. Today if south Is the water should be done and the dirty drain left, Punjab is left, and North east is left, then should aiso be cleaned. If you don't do the • there is only one Muslim minority in the whol8 cleaning and only keep killing but we should country. There is no such state where make arrangements so that mosquitoes do Muslims are present in a sizeable number. not breed. That is why the majority class calls Today by raising the slogan _of Hindu­ itself Hindu, although the definition of Hindu Musalman or by taking up the question of has not yet become clear, whether Hindu minority majority if we talk then for a few days means Verity, Kshatriya, Brahman orShudra we shall certainly get the benefit of the vote - till today "Hindu' has examined a vague but when we shall talk of nationalism and the term. That is why you should learn to love unity ofthe nation, on the other hand we work your brother, you should learn to embrace to attack that unity and integrity. Our country your brother and believe that we are all one. is like a garden. India is a garden which has all kinds of flowers in it and all flowers have Today America has arrived at an an equal opportunity to bloom. eyeopening situation. Firstly, there is no American over there. Secondly, who are in Baba Sahib Ambedkar'sconstltution tells minority in America? The blacks of America us that every flower has the right to bloom in form the minority, whose population is 7% this garden. Only that garden is good who one black person was locked up and the nourishes and looks after every flower. '1lOtor driver was beaten up. The police bet Unfortunately during the last 47 years, such him up but did not kill him. He was beaten up a persons was the gardner of our country badly and it had its influence right from Los and he watered only few chosen flowers. Angles to New York. Here in our country 22 The result is not only 4-5 per cent are people were kHled at Chundur but there was becoming and only 4-5 percent flowers are nobody to witness the event. Everyone was blossoming and the remaining 95 per cent left-.as if they were born to die. Sometimes flowers are wilting in scorching summer heat. people are massacred at Meerut and Pilibhit and in a single sentence, it is said that they Oil/policy should be such that we make are extremists. Similar is the case of . elforts to water every flower regularly so that, Poor people are being killed there everyday, every flower gets the opportunity to block there was nobody to cry for them, but when and to spread fragrance. There was a time . the poor people killed 40, QIIeryone is crying. when these Muslims whom we call minorities, I am not talking about this Government or were ruling the country. but what is their about the party. Now-a- days the Government position in Government jobs today? They of one party orthe other is working in various form only 2% of the Indian administrative states, that is why I would like too say that service in Central services. whereas their minorities should not be taken Into account. population is 16%. The percentage In In the beginning, there were 51 % Hindus and Government jobs is only 2% and there is no _ 49% Sikhs in Punjab. Sometimes it was security of life and property. 123 National Commission MAY 11,1992. for Minorities Bill 124

[Sh. Ram Vilas PaswanJ safety valve so that the hot air is released. Today, the anxiety in the minds of Scheduled Now-a-days, wherever I go, whether to Castes and Scheduled Tribes, 52% of the Rajasthan, U.P.etc., I can state with backward castes and minorities is boiling just conviction that Bihar is the only place where like water. You have brought this Bill here to since two years no crime or atrocity was slightly loosen the valve of the pressure committed against any member of minority cooker. No very big revolution is going to or if any communal riots have taken place. take place over here, this will not make it The incidents of atrocities are on the increase possible for the minority to get jobs. Are you . in the B.J .P. ruled and Congress ruled States" going to. provide the minoriti9S'with anything the incidents of injustice and atrocities against in the Budget. minorities are increasing. It is said that if an incident takes place Therefore we should not measure that anywhere, then just an enquiry should be the national commission for Minorities Bill on held. They are not prepared to hold even the basis of minorities or majorities. such an enquiry. They say that they should Remember that nobody can stop the flow of be consulted first,. but even that provision justice in this country. Mr. Jaffer Sharif and has notbaen made. Ourcolleague Shri Suraj Shri Kesri should rememberthat poor people Mandai had made the plea that the only way and minorities shall get their rights. As I have left was that of A.K.47. There is one path of said that the matter related to America, is an non-violence and if non-violence fails to eye opener. You pass a Resolution that a achieve justice for the minorities" then we person was beaten up in America. It is very are making the Parliamentary system of bad and over here, everybody the people of Democracy a failure by sitting here. The day the minorities will be beaten up, scheduled on which the Parliamentary Democracy come castes are beaten up. What a maruellous to an end, then one should not be surprised deed: This dual policy is not going to "last if other states also face Bihar like situation. going. Mandai Commission, Minorities There were to options before the Eng lish Commission, Schedule Castes and Schedule one was the way of non violence shown by Tribes Commissions are according to the Gandhi and the other was that violence spirit of various Articles of the Constitution followed by Bhagat Singh, he had to choose and Govemment should try to implement one path - for the independence of the them strictly. country either through Gandhi's way or through Bhagat Singh's way. Even today, I was the Welfare Minister. When I went the minority people of this country, now to my office for the first time, I asked the scheduled castes and scheduled tribes and secretary as to what the 15 points programme backward communities of the country, have was. Kesri ji, you will be surprised to know to make a choice between the two and one that nobody from top to bottom knew as to is the path shown by Baba Saheb Ambedkar what the 15 point programme was. When I through constitution. If you will shut. the told them that such and such programmes constitutional way I would like towam you on would be undertaken under 15 point the floor of the House. The safety valve of a programme, then the officers said that if that pressure cooker is opened a little when the is done, there might be communal riots. I told water gets too hot. If an ignorant man does them that I was noLdolng anything new, I not open the safety valve, the pressure was presenting proposals according to the cooker bursts. Intelligent man opens the' 15 point programme of 1983. None of the 125 National Commission VAlSAKHA21, 1914 (SAKA) for ''4incriies BiI 126

officers'wants to read and know uto what includingchalrpersonshotildbefromamorlQ is there in the 15 point programme and what the minority conmunity. The Chairman 01 . is the programme tor schedule castes and the Minority Commission may be a Muslim •. schedule tribes. If,the existing laws are Members might be a SIer be nominated by the Central as to render that person's Govemmentfrom amongst persons continuance1n office detrimental to of eminence of ability and integrity; the public interest ". PrOVided that five Members including the Chairperson shall be [ Translation] from amongst the Minority Communities' You have written that ~homsoevefWor1members are from minority. Whenever the question of . will be from 'among the non-Minority vote arises, the 85 perqlnt will say that he communities provided that five members has done a wrong thing'. Here you should 127National conmss/on MAY 11,1992 for Minorities BII 128 [Sh. Ram Vilas Paswan) undertake the work of Investigation. You haw written that • it will look Into specific keep wordS • the minority interest· instead of cofT1>laints". What does it mean? My English • public Interest· He should be removed • is not good as weH as yours but I admit that one works against the interest of the , minority he has a good command on English. interest' Public interest is a multidimensional worct Public interest is something different for us and Public interest of others is different. You s~ould write 'Inquire' instead of Therefore, the word' public interest' should 'look into' I have seen on many occasions be deleted. how the Ministry settles the real issue. That is why I would like to suggest that only such It has been given in the function of the words should be used that are schedule castes and schedule tribes co"l>l'ehensible. There Is a great difference commission. between 'Inquire' and Look into', 'Monitor ' and'lnvestigatlon', EvallJate' and' Participate [~/ish] '. There is no comparison between these pair of words. Even a monor lapse can be of a • (a) evaluate the progress of the bigger dimension I would therefore request development of minorities under you to make use of proper wOlds. the Union and States: It is laid in 9 (2) [ Translation] [English] What do you mean by evaluation? How will you evaluater? Without participation, • The Central Govemment shall how will it be evaluated? How wiD it be cause the recommendations evaluated without giving advice We had said referred to in clause (c) of sub about the schedule castes and schedule section (1) •. tribes commission that it will participate, it will Will the Minister of give advice and it wiD also undertake the work of evaluation. You have deleted that. [ Translation] We will request you to add two more words of' advice' and ' participation '. Secondly you Only Subsection (1) clause (c) will be have said that it is not to be monitored. You put before the Parliament. Clause (c) should have said that Parliament should monitor it. be deleted. the. substance contained in the How one can monitor when one is allowed to clause number one from' A 'to' F ' may be . sit in the House? Therefore, the word tabled in the parliament; You have dictated 'investigation' should be used in place of the that only clauSe (c) sub-section (1) will be laid word' monitor'. in the Parliament. It will this the meaningless. The letter' c should be deleted. [English] Similarly you have written • to investigate, monitorthe working of the safeguards provided in the [English] Constitution .• (4) The Commission, shall while [Translation] performing any of the funaions mentioned In slJb.clauses (a), (b)and(d)of subsection (1) It should not fnonitor, but it should have aU the powers of a civil ~ •. 129Na1ionalCommission . VAISAKHA21, 1914 (SAKA) lor Minorities Bill 130

[Translation] and to evaluate the progres~ of their development underthe Union and the States. What is the need of writing' A " 'B' and , 0 '? You should write [Translation] [English] You should put the. word' Minorities "In The Commission shall, while place of' Scheduled Castes' and· Scheduled perfonning any of the functions mentioned in Tribas' so that Minority Commission may be sub-clause (.1) haVEr all the powers of a civil consulted and may participate in all the court ". planning and socio-economic development programmes to be made for them. Their [ Translation] advice will always be sought whether It is accepted or not What is meantby'A , ,'B'and'O'?The Hon. Minister who is an humble person There are a few major points which should not be influenced by any misgivings. demand special attention, but thel'S will be We had to change as many as three voting if you do not concede to that. We do seaetaries while we were introducin~ Mandai not doubt the intentions of Shri Kesri. He is Commission. It is a pleasure for us that we such a Ministerwho must do a thing when he got the report of Mandai Commission passed is once convinced about that. We are ready through the hands of Shri. P.5. Krishnan who to extend our Co-operation if needed. You isa brahmin. He is one of the best Secretaries. should provide the Minorities Commission Similarly, Shankaran is one of the best with full rights. I would like to remind Shri Secretaries who also happens to be a Advani and Alai Ji that they had supported Brahmin. We are not against any particular the Minorities Commission is 1978 in this caste. We are not against the system. The very House. The then Govemment was person who will safeguard the interests of committed to provide statutory power to it the poor will alone be their leader \ We could not pass the Minorities Commission Bill in 1990 when our Government was In This is Scheduled Castes and Scheduled power. Our limitation was that the men of the Tribes Commission which is as amendectby B.J.P. were with us in the Govemment. You the Parliament. There is a line in it which have now got a chance. We are ready to reads as follows:- extend full support. You must make a history by passing this Minorities Commission Bill. I [English] know that this will not ensure their ultimate prosperity, but it will surely generate a lease As amended by Parliament. of confidence into the minds of minorities and when once that confidence is generated [ Translation] they will partic~te in nation building work and in work of making the country strong. There is a sentence which reads: With these words I support the proposal [English] and I would request you to accept the amendment suggest by us. Many thanks to "Toanticipate and advise on the planning Mr. Chairman, Sir,I thank you very much for process of sockHconomic development of giving me so much time to express my Scheduled Castes and Scheduled Tribes opinion. 131 NaIionaI ~ion UAYll,1992 . SHRI MANI SHANKER AIYAR that they woull! mould India in such a way (MayIadUwrat): Mr. Chairman, Sir, III fhe that all the citiZens would fllst consider very ouISet t regret the absence of Shrilal themselves Indians. I agl'88 to • that In days KrishnaAcNaniwho hadjustbeen expressing to come we must forget tOoCal'8 as to which his-views here In sugar coated language. I relIgIOn we are attached too, Advanl)ee, wanted to give hima befitting reply in the very however, says that there is no reference of same language Being the leader of the minoriies at aU in the Constitution. To some' opposition he rRJSt be listening tt! my words extent we should clear this confusion. The in his room through a loudspeaker and if he word ' Minorities ' has first been used in the - is Istening to my words he should taka the artge-30. It is not that the makers of the trouble of coming to this place. It is very Constitution did not think that there was essential for him k. 'let reply in the same something Ike nioorjties in this country. language as he was using. They especially mentioned that there are minorities on the basiS of religion and I wouldJlOwever, saytMH language. So he had mentioned it es;pecially ir ... House while he was delivering his , -A4icIe 30. But aU the same, if he did not SQ88*I. So f do fft)t know .... mention aDO~rtty and minority, he dd mention about religion. Why? Becasue hee SI-fll DAU DAY AlJOSHI (Kota): What was aware that there are different religions wit the han. t.fefrber reply when he did not in India. look at the Preant>le. It says that Isten to the speech? there is freedom 01 religion to all. He did not say that there is freedom't:illeligion ,wiD be SHRf MANf SHANKAR AIV AR: Mr. only for the grey-haired and not for the Chairman" Sir, as Shri Advani is now not people with black hair. It is for both. Why then present when I am to speak likewise I was religion was brought In? Because he also not present in the begining when he apprehended that there may be a situation started his speech. But be abil patient, I am where some Government or a particular also a Hndu and I am proud of being a Hindu. class of our society may attefTl>l to take any I~ in when he was speaking and I heard action against other class on the basiS of his speech for hal or quarter to one hour, so religion. So when they spoke of freedom and I can reply only those'toplcs about which I lberty, they did mention religion In the have some infonnation. I think the man with Preamble. Similarly, if we go through the a turban who is getting angry there may Constitution, wacan find that there is mention please explain to me If something is left. I am of religion. As I said In the beginlng, the ready tn satisfy him. When I enterad the mention of religion is in Mides 15. 16, 25, House Shri Advani was taRing that when a 26, 28, 29 and 30. In Article 15 to 30 or our cisCllSsionontheConstitution was inprograss Constitution on Fundamental Rights have in this House, may in the Constituent been given. II means that the framers of the AssermIy, Shri Scitdar Patel opined that Constitution were somewhat apprehensive fhera would not be a needtd'taIk much about that there may be some assault on the rights minorIies and majority In modem India. We on the basis of religion. Why was it so? He would graduaIy forget that SOC1lJIbody is said that the f0C'8most duty of the State of assocIatedwlh n*1oriIies andthe otherwlh India is that there should be no dscrimInation majorIias on the grou~ of raJigion. He also on the basis 01 religion and nobody should be tokf that Pard JawahariaI NehN, who was harmed on the basis of religion. None of our also participating in thedabate had given the Indian cllzens should suffer on the basis of same opinion that there would be no need 10 raJigion, • is a matter of reg,. that W8 have cIsa.Bs about minorities and majorities and not been able to ful. the promose that we 133 National Commission VAISAKHA21, 1914 (SAKA) for Minorities 810 134

had made in the begining.1t is a fact and Shri established a secular State, Because we Advani also admits it like myself. He says called our country a secular State, our that it Is the fault of our party, but I do not greatest leader, was agree. It is such a social problem which is assassinated and the person who shot him d88p-rooted in the hearts of the people and dead was Nathu Rar:nGodse. He was wor1

MR. CHAIRMAN: Mr. Aiyar, please sit SHRI MANI SHANKAR AIYAR: Sir, I down fora moment. In yo ur speech you have was saying that in 1986, when the Women referred to Kumari Uma Bharati's name. You Personal law was passed here as a equel to can refer to that name. But the order will not the Shah Bano case, our friends inthe B.J.P. go on record. got so enraged that they raised this issue .....

( Interruptions) AN HON. MEMBER: You had humiliated a Muslim lady. It was an anti-women act on SHlll PAWAN KUMAR BANSAL your part. It doesn't behave you to take the (Chandigarh): Sir, what is there in it? There nCime of Shahbano .... (Interruptions) is nothing wrong in it. (Interruptions) MR. CHAIRMAN: Mr. Joshi, do speak SHRI MANI SHANKAR AIYAR: Sir, I vociferously when your turn comes. " accept your ruling. (Interruptions) anything objectionable is said, it shall be looked into .... MR. CHAIRMAN: You can refer to the name of the Member of this House, whether SHRI MANI SHANKAR AIYAR: Sir, he or she is present or absent. excuse me, there has been enough interruptions. Please allow me to speak. (Interruptions) Sir, I was saying that when Shri Lal MR. CHAIRMAN: Shri Bilnsal, will you Krishna Advani said, I am mentioning his not allow me to speak? Irrespective of whether name, Shri Indera Jit need not interrupt.. .. the member of this HOuse is present or when Shri Lal Krishna Advani says that his absent here, you can refer to that name of party took up this issue because they were the Member and that can remain in the agitated over the Shah Bano issue, I would proceedings. But the name of the person like to ask him whether it is proper to demolish who is not a Merrber of this Hou~e cannot go a mosque to protect Shah Bano? Shah Bano on record. passed away last week, i.e. two days back. She died as a Muslim., She was a devout (Interruptions) Muslim, who offered Namaz in the mosque and she looked upon' the Babri Masjid as a SHRI PAWAN KUMAR BANSAl: Sir, mosque. It Is beyond my corT¥ehenslon as he has not ca!?t any aspersion on anybody. to why anyone should demolish a Muslim He has referred to two names who come to place of worsh ip to prOlect a Muslim woman? symbolise with rapid communalism. It is necessary to say all these things because .... (Interruptions) (Interruptions) SHRI DAU DAYAl JOSHI (Kola): Mr. MR. .CHAIRMAN: Irrespective of Aiyar, your stature has been dwar1ed by your , whether he .has cast any aspersion or not, utterances .... (Interruptions) 141 NaIionaJ Cotmrission VAISAKHA 21, 1914 (SAKA) for Minorities BiI 1liJ2

SHRI MANI SHANKAR AIYAR: I would would like to dra~ the attention of the House , like to ten you that if my image has suffered towards the undeniable fact that many faiths a setback in the eyes ofthe B.J.P., then I am are followed bythe people of this country and proud of It and I don' need any certifICate while 85% of our population follow a particular fromltlat party. Now it has become clearthat religion, the remaining 150 to constitute the the moment a reference is made to the minorities believing in different faiths. Among minorities, the saffron crowd surges forwards the minorities, the MusUms constitute the in an fury. Which is that party which has majority and they have their rights and brought saints, sadhus and even sadhvis to interests. Both these have been guaranteed this august House? One is at a loss to in our COnstitution. Despite the fact that understand whether it is the Parliament or rights have been guaranteed to women in some Ashram, when one sees these people. our Constitution, in practice it is not. so. ~ Religion is being exploited to the hilt. I have Hence, weconstluted a NationaJ Commission been observing for the past one year that for women, similarly, rights and privileges wwrever Shri Shahabuddin, Shri sulaiman have been granted to the scheduled castes SaitorShri Ahmed rise to speak,. thesaffom and scheduled tribes in our Constitution but crowd surges forward and screams.... in practice, they are denied these rights. So, silence ... silence With deep regret, I have to a National COmmission forScheduled Castes say that the vision of Pandit Nehru and and Scheduled Tribes was also constituted. SardarPatelto keep out religion from politics, From that point of view, I feel that this Government and Govermance remains to legislation provides statutory status to the be fulfilled. In this very House, there are 119 Minorities Commission, whose establishment such Members who have come to this House was perhaps the most significant act on the by exploiting the religious sentiments of the part of the B.J. P., when it was a coalition

I masses. Unless and until we don't completely partnerat the centre. If we passthis legislation, rout this party, we will have to take care ofthe we would be giving a concrete shape to the feelings and sentiments of the minorities and one good thing done by the B.J.P. as long as these people occupy the seats in the House, their number will be on the rise Mr. Chairman, Sir, lastly, I would like to and tin then, we will have to be alert and say with pride that I am a Hindu, but with maintain vigil. As a responsible party and shame that these people too are Hindus. Government, we should reassure our brethren belonging to minority communities MR. CHAIRMAN: Shrimati Suseela that they need not fear, as we are here to Gopalan. protect them Now., who are we? We are the Hindus, the Muslims, Sikhs and atheists ( Intetruptions) belonging to this country and very citizen is entitled to, have a say in the governance of MR. CHAIRMAN: I request Shri Joshi this country. These people are spreading and an other MenDers to pay attention to canards in every nook and corner of the what this lady Member has to say. country that whenever Pakistan wins any aicket match, the Muslims celebrate the [English] event where such false propaganda is carried out... (Interruptions) SHRIMATI SUSEElA GOPAlAN (ChirayinkiO: Mr. Chairman, at least the Mr. Chairman, Sir, I was taking about Government has taken courage to introduce religion. I don' know why those people are a BUI to constitute the National COmmission looking at this as an emotional outburst. I for Minorities, with statutory power. 143 NatiOnal Commssion MAY 11, 1992 tor Aflnollies BII 144

[Shrimatl Suseela Gopalan) andArabicwere actually acoeptedassecond languQ. What were the Congress Party This is a righl step in the right direction. doing ;i these years? We knew that by This, Hproperly Implemented - I underline giving them equal. opportunities only they the words, Hproperly implemented, because can be brought to the mainstream. ~ is we have the experience of the other two why, we did all these things. cOmmissions, that is why I am telling, HIt is properly implemented - it wiD help the Also in civil services. their nurriJer was minorities to a certain extent to end some of less. So. we took steps to bring more nurmer the discriminations they are suffering from of Muslims into the civil services also. Many such things were done. We thought that this H this was done years back we could would only help them to end the feeling go have helped them to come tothe mainstream discrimination. But you were. instead of We failed find at present they are feeling conceding to the genuine demands of the . alienated from the national mainstream. We democratic sectkins. yiekled to the pressures did not leam from 1M martyrdom of Mahatma of the fundamentalists in all these Gandhi. But what happened? Actually, even convnunilies;even majorconvnunily or minor after that, the Congress Party in power did community. you were always yielding to not leam from that. How many years did it them. That is why, so much had been taked take them to constitute the National about Shah Bano case. What have you Commission for Minorities? After done? Our organisation collected signatures independence it took 31 years. To helpthem. from 47,000 Muslim women. How did they how much time did it take for the sign? There was so much of threat Even Government? Thirty-one years though not their lives were in danger. But the Muslim with statutory status, but anyhow one women signed it. We brought that and gave commission was formed. it to the Government. It was for the first time in the history of India that one thousand By dealing it you were denying them an women demonstrated in Delhi and then gave opportunity to merge into mainstream. The a memorandum to -the Government asking minorities were suffering so much of them not to pass this law relating to Muslim discrimination and inequalities in the country. women's right to divorce and also not to I still remember that when the Communist implement that law. Ministry came to power in Kerala in 1957 we had taken note of some of these But you yielded to the pressure of the discriminations and taken steps for their fundamentalists in the community. That will rectification. Till then. forten years Congress not help that section to the mainstream Ministry was in power and they could not What little common rights they had you took even allow a Muslim Mosque to be repaired away. And then. what did you do? Actuany. when it was broken and it was in a very bad Shila Nyas was allowed to be Datics done in state of affairs. You did not grant them a right the disputed place to please the majority to rebuilt it. Only after Mr. E.M.S. came to comroonltyandthefundamentaJlsts. Did you power. it was allowed. not do that? What is the resull of that? By doing aD these things. you could not solve the In Malabar Special Police. the Muslims problem otthe disputed place of RamJanrna were not recruited and that also only the BhoorTi Babri MasjId so far. You were yielding Communist Ministry rectified. to the pr886Uf8 of one community and then yielding to the pressUf8 of the other. That is When our Ministry came to power. Urdu not going to solve the problems of the country. 145 NaIionaI Commission VAlSAKHA21, 1914 (SAKA) for Minorities BiN 146 You have to stick to principles. Then only you that there is no principles with the Congress will be able to solve the problems. Party in Power. Even now they are dilly­ daUing with these problems. They want help I stiD I'8member one thing. When Skhs for keeping their power; they wallt ~elp from raised a problem about their Skh Personnel the BJP for implementing their economic Law, in this House it was announced that the programmes. There is some tact Govemment wiD consider the question of understanding with them. There is-no use of ~h Personnel law, which will take our talking and passing resolutions against countries centuries back. But, because of communalism Even, now they are having the prassure from the women mganisations aUiance with the Muslim League in Kerala, and other sections, who were actuaRy forthe What is the use of passing a resolution that prDgrass of the country, then It was actually we are an1i-communal and for giving new not conceded What is now happening in the veison of communalism. (Interruptions). We country particularly In States Ike Punjab? had united with Muslim League. At that time, We had Yeteran leaders from Punjab In the communarlSm in our country was not so independence movement who fought forthe grave. The Congress was the main enemy country. They W81'8 the biggest patriots. But doing so much against the people of the what is happening in Punjab today? This is country. Even along with Janta we worKed, the result of succumbing to the prassures of at the time of emergency ... (Interruptions) these fundamentalists and not accepting the democratic rights of the p90pJe. Likewise, in MR. CHAIRMAN: Unless she yields, Kashmir also we haYe seen, during the time you cannot Interrupt. Shri Ahamed, she is of Independence,lt was not the Hindus who not yielding. (Interruptions) fought for the unification of. Kashmir with India They wera with the Rajas, the landlordS. MR. CHAIRMAN: Shri Ahamed, the Thesee fundamentalists said that there hon.lady Member is not yielding. Kindly should be an independent Kashmir. But the resume your seat. Muslims in that State stood with the rest of the country. The safety oftheir life they found (Interruptions) In secular India. Now, we do not have that spirit in our country. Had it been thel'8 we SHRIMATI SUSEELA OOPALAN: In could have done so many things; we could the Trivandrum Corporation the Muslims have won the Muslim minorities in this united with B.J.P. together with COngF8SS country? That is not what we have done. and they are having the Corporation ragime That is why, Kashmir problem is so acute. there. That understanding is there. They are alienated from the mainstream (Interruptions)

In the Ekta Yatra, the Govemment took the leaders In the aeroplane to talk part in the THE MINISTER OF STATE IN THE flag hoisting ceremony In Kashmir. Old It MINISTRY OF INDUSTRY (PROF. P.J. actually help the Muslims feel one with us. KURIEN): Sir, how many times have they Wel'8 we able to I'8move that feeling of notformedGovemment in Kerala with Muslim alienation? In stead the feeling of alienation League? (interruptions) actuaRy been accentuated. In Kashmir, now how many people are with us? Those who SHRIMATI SUSEELAOOPALAN: Now al'8 With us are afraid to say that they al'8 with communalism is the real danger. It was not us because they are afraid and they know at that time (Interruptions) 147 NatiOnal Commission MAY 11,1992. for uinoliies M 148

MR. CHARIMAN: The lady Mermer prograrrvnes beneficial to the minorities. In may please address the Chair. She should - the Women's Commission they have a role not indulge in conversation with others. to play with the Planning process. It is very important that they should be associated ( Interruptions) with planning process of the country. On the other aspects of the BiD 'llYcolleagues will be SHRIMATI SUSEElA GOPALAN: talking in more detail. - Communalism is a very dangerous force. (Interruptions) That is why you have united In the proposed Commission you should with BJP (Interruptions) iocll.lde men of standing and also secular people who will do real service to the nation. (Interruptions) The Commission should also be given ~ opportunity to fundion properly. I want to MR. CHAIRMAN: Please resume your know as to what has happeneQ to the S.C. seat. I do not allow cross-talk. There should and S. T. Commission after giving it the be no running Commentary. Nobody should statutory powers. Has it started functioning interrupt the main speaker. - in the right direction? That is being delayed. Even the Women's Corrmission is in the (Interruptions) search of a room. They have no money for the properfunctioning. Passing a Resolution SHRI SOMNATH CHATTERJEE: Are or constituting a Corrvnission alone is not they serious about this Bill? Why are they enough. You have to give them aU powers disturbing the hon.mermer? and money for proper functioning and they can then function properly. H you want the SHRIMATI SUSEElA GOPAlAN: proposed Commission to function well, Communalism is a great danger to the please consider these aspects. country. You have to fight both the fundamentalists in the majority cOmmunity On the amendments also one Member and also against the minority corrvnunity. will be speaking. I 0~1y say that is a right step Please take a principled stand that we will be and it w~ have to be continued. For the able to do something for the unity of the effective functioning they should be given country. This step of forming of this 'enough facilities and money to function. Commission for minorities with statutory Then only it can function effectively. With powers is a every good step in the right these few words, l.support the BiD,. Thank direction. That will help them, to join the main you for giving me the opportunity. stream. I agree with most of the provisions in this Bil. But one major drawback that is there SHRI EBRAHIM SUlAIMAN SAlT in this Bill is that there is no provision for (ponnani): Mr. Chairman, Sir, I stand to ensuring their participation in the planning support the Bill before the House, namely, process. it isveryirJl>ortant. Many legislations The National Commission for Minorities BiN, were actually passed but they were not 1992. i"l>lemented. Many of the programmes were chalked but not completed. I want to know I am very happy th~t the Govemment what are the programmes that are going to has come forward to give statutorY. powers to be taken up the proposed Convnission? 'II the Commission that exist~ in this country this propose Commission sits with the forthe last 12 years. The COnvnlssion had so Planning Commission in the planning far no powers at all. Its recommendations process, it will actually to chalking out had no value at all and if the Commission ask, 149 National Commission· VAlSAKHA21 , 1914 (SAKA) for Minorities Bill 150

for the details or for any figures, the the progress and well-being of this country Administrative Services in various States and Muslims have shed their blood for this would just throw such a request in the country, While the freedom struggle was wastepaper basket. That was the position. gongon,Muslimsfeltthatafterlndependence Now, this Commission is being gNen statutory they will have honourable existence in this power, as the Government says: "The country, they will have equal opportunites in Minorities Commission with statutory status this country. ·But what do we see today? would infuse confidence among the minorities Please search your hearts. Including the . about the wot1

[Sh. Ebrahim Sulaiman Sa it] That is the criterion. Please understand this. Please see that justice is done too us. power to the Minorities Commission. Let us We are for the country. We are for the hope at least some justice will be done. Now, integrity of the country. Weareforthesolidarity if you want to get employment, you can find olthe country. We are for peace and progress if at all Government service alone. This of the country. At the same time, we must Commission should work even to have also get honourable position in our country, reservation for Musalmans. There should be social justice and all opportunities should be there to protect our Adequate numberof Musalmans should cultural identity. His a fad which nobody can be there in public sector industries, in national deny. banks, in railways and in airlines, everywhere. Nobody can deny this right, to us. We are the Please understand that all these matters citizens of this country. Who can say' not' ? spoken by Mr. Advani have no basis now. We haave a right in this country. Nobody can There is a mention of minorities. Minorities deny our right. and if they do it, they are anti­ rights are guaranteed; guaranteed by the national. They want to suppress the secular secular Constitutional Therefore, it is that we population and just create a sort 01 have got minority rights. All these facts have misunderstanding. Do you want to create a to be acknowledged. sort 01 animosity between Hindus and Muslims and then expect to get some peace? Therefore, I welcome this. I hope that Understand this. They rake up issues like everybody will come forward, by Shri Sitaram Babri masjid. THey know fully well that there Kesri who is considered to be really a men of was a mosque right from 1528. But nowthey secular mind. I hope that you will see that say "O! Ramachandraji was born there". justice is done to Muslims. I think there are There are also other temples, called Ram very few persons in Government with such Janmabhooomi. All these things are there. It secular mind as Kesriji. If the entire cabinet really pains. , am very sorry it may hurt the has got same mind like you, problems, will be feelings of our brothers over there, But' am solved. India can become a happy country. very sorry over it. I am speaking of truth and Therefore, I conclude with a couplet. nothing but truth, the reality as it oxists. • Chaman Chaman hi nahin jis ke goshe goshe mein Kahin bahar na aye, kahinbahar Therefore, please come forward to do aye", justice to every section of the population including the Muslim community., justice [ Translalion] should be done to all. We must feel that we are all equal citizens. We must feel that The spring should cast its magic Justice is being done. everywhere, and flowers should blossom everywhere. Could you get good govemment Pandit jawaharlal Nehru said:- • Yeh maikade ki, sakigari ki hain tohin Ko! ho jam-bakaf, koi sharamsar aye" • You will get a good govemment for the minorities. 11 we are happy So, pleaseedon't make usfeel ashamed. your government will be good, 11 It would be proper if both of us have drinks in you are dissatisfied, the govemment our hands is bad". [English] 157 National ComlTission VAISAKHA21, 1914 (SAKA) for Minorities Bill 158

SHRI B. AKBAR PASHA (Vellore): Mr. With regard to education, I think the Chairman, Sir, I have come forward to support Muslim minorities are not having proper this Bill. This Bill has been introduced for the chances for the spread of education., I welfare of the minorities. the Government remember a couple of months back I was has taken a major initiative in this regard. the invited to Meerut to participate in a Seminar. Govemment has finally decided to bring In that Seminar, the hon. Minister Shri Salman forward this Bill for the grant of statutory Khursheed was also there., They are status to the Minority Commission. This is a celebrating the Centenary Celebrations of welcome thing. It had been pending for a the College Faiz-e-Am at Meerut. But it still long time. There has been a lot of bloodshed remains only as an Inter-College,. It is not in India due to communal problems, due to even a first grade College even after hundred the narrow-mindedness of certain sections years. So, this time so many people, so of the people in India, But finally the many educa!ionists, vice-chancellors of so Government has come forward to give many institutions had come there to participat statutory status to the Minorities Commission. in the seminar. They told me that there are so many colleges like that. In spite of so many Sir, I commend the efforts taken by Shri decades, in spite of a century, they are still Sita Ram Kesri, who had made all the efforts remaining as Inter-Colleges. This situation to bring this Bill forward to give a statutory should have to change. And these minorities status to the Minorities commission. should be allowed to have propereducation. Education is a fundamental thing, in orderto Shri Burney, the Chairman of the participate in the works of the Government. Minorities Commission, presented the 13th And if they do not have education how can Report of the Commission to the Welfare they come forward in this country? There are Minister, hon.Shri Sitaram Kesariji. This is reports on various problems faced by the not to appease the Muslims. But actually we minorities with special reference tocommunal are living in a secular State. Please see how situations. I am sorry to say that in the year the minorities are treated, so, seeing this, it 1991, a steady escalation of this problem is is but necessarythatthey should have certain found. The communal riots keep on status and some protection. Further, Shri increasing. The Commission reviewed the Burney said that the Commission has working of the coaching scheme of the reviewed the 15-Point programme but no University Grants Commission (UGC). The headway has taken place. The 15-Point programmes had to be reviewed quarterly. Programme that the late-lamented Shrimati had brought forward as early I happened to manage a college in as , 983 is not put into proper effect by the Ambur. We applied for the UGC for aid for Government, by introducing this Bill and certain things. I was told when I personally giving powers, it will be possible to get some went and met the Chairman of the UGC, that justice in his country. the whole File is lost, There is actually about two yearsdelay. Such sort 0' athing will have Sir, just now Shri Ebrahim Sulaiman to be checked. Sait has said we, the Indian are loyal. We have got her right to live in peace and amity Also,l find that the teachers of today-the along with the others, we should have equal College/university teaches-they are having truths in all aspects in getting our education, an Association of University Teachers (AUn in keeping the identity, in preserving our and they do not do justice. They are interested prestige and our culture and identity. in wasting away the time. They are not keen 159 National Commission MAY 11, 1992 for Minorities Bill 160

ISh. B. Akbar Pasha] Sir, it is going to be 6 o'clock, I would like to know whether they want to extend the time in teaching the students. They utilise all the or not? leave that is available to them. And not only that they exhaust their casual leaves, they SHRI PAWAN KUMAR BANSAL exhaust their earned leaves, they exhaust (Chandigarh): Sir, a decision was taken in their medical leaves and in oroerto get more the Business Advisory Committee that we leave, they sometime instigate the students will sit upto 8 o'clock. We may not sit upto that to go on strike so that they can enjoy a free time but lwould submit that let all the speeches pay. When this is the state of affairs in our be completed. (Interruptions) country, how can there be any improvement? 18.00 hrs. The 15 point programme which Shrimati Indiraji brought out as early as in 1983, MR. DEPUTY SPEAKER: The House requires to be put to practical use. The will sit upto 8 P.M. today (Interruptions) educational programmes, they got to provide the minorities the central services, State [ Translation] Government services and disbursement of the bank crodits that is available to every SHRI RAM VILAS PASWAN: We have citizen in this country. no objection whether we sit till eight or nine. But I suggest that many members are going 17.57 hrs. to speak, all of them should be allowed to speak today and tomorrow the hon.Minister (MR. DEPUTY SPEAKER in the chait') should given a reply in the first hour.

Concrete action programmes for the MR. DEPUTY SPEAKER: It is all right, welfare of minorities finalised by the Cabinet KesriJi has accepted your suggestion. Committee should include programmes of small scale industries, handicrafts, handloom, [English] khadi and village industries in minority concentrated district., The Credit SHRI PWAN KUMAR BANSAL: For a Development Centres at Agra, Hyderabad change, it is a very good suggestion. have come into being. Hhas gotto be provide in other States also. [ Translation]

More powers to Minority Commission SHRI GUMAN MAL LODHA (Pali): Hon. has to be giVen for prosecution, as stated by Mr. Deputy Speaker Sir, when we are Shri Paswan. Otherwise this Bill will not have discussing the Minorities Commission Bill thQ powers. which is at present before the House we shall have to take into account some international With these few words, I support the Bill changes which have taken place during the and I thank the chair for giving me this recent few months in the national perspective. opportunity to participate. At this time most of the hon.Members of thft' Congress, the hon.Members of the MR. DEPUTY SPEAKER: Shri guman convnunist Party·and the hon. Members of Mal Lodha to speak now. the ,lgnoring the national unity and caste considerations, have emphasis the SHRI.RAM VILAS PASWAN (Rosera): 161 National Commission VAISAKHA21,1914 (SAKA) for Minorities Bill 162 caste considerations, have errf>hasis the [ Translation) need for humanity, cordiality and good feelings .. The opposition leader in the House, Sir, Beg Sahib's thinking is laudable and the hon. Aclvaniji was also of the opinion that the Madhya Pradesh Government of the a commission should be set up for the Bharatiya Janata Party has also set up a protection of human rights. The issue of Human Rights Commission there falling in minorities, anytype of atrocities and injustice line with this idea.; Even our Home Minister committed on anybody irrespective of the had sometime back given an indication caste etc. should fall under the jurisdiction of regarding this and he had said that the the Human RightsCommission. It is not a Govemment should set up a Human Rights new thing. Beg Sahib submitted report in Commission and the issues relating to which it has been said that even in other minorities could also be discussed in that nations of the worldHuman Rights commission. We should not go. into the Commissions exit. Beg Sahib, who himseH controversy as to what constitutes minority belongs to the Minority community, has or majority and what is its philosophy, what submitted his well considered report regarding is the difference between them and what is the Human Rights Commission. He has its historical background or its role in India. written in the Report:- Mr. Deputy Speaker, Sir, I would also [English] like to request you that in this context, Beg Sahib has also written. "It may be mentioned here that Canada [English] has a machinery for redressing the grievances through a Human Rights • In India, there is no direct or hidden Commission appOinted in that domination of any Single ethnic or religious country, group. Nor do any of the smaller groups in each State as well as Central suffer from disabilities. Cultural diversity is level". regarded as a natural condition to be respected and safeguarded, We are Further written. conspicuously preserving the traditional characteristics of our regional cultures. No "In Australia also, a Human Rights group faces the prospect of being forced into Commission has been set up to any fixed mould. No group experiences the deal with the question arising out of feeling that its safety and progress will be complaints and grievances on the promoted only by casting off its cultural or grounds of discrimination. In neither other identity and getting itself' assimilated of these two countries, has the fact • into some larged whole". of Human Rights Commission been to oust the jurisdiction of ordinary [ Translation) law of courts. Indeed, it can be said, it is taken off an exceptional load of I am surprised that the opinion expressed work which can be done better by Shri Beg, who has been the Chief justice elsewhere from the list of ordinary of the Supreme Court, Chairma'1 of the courts". Minorities Commission, and has done a lot of 163 National Commission MAY 11,1992 for Minodiss 8iI 164 [Sh. Gumanmallodha] been given by a judge. I would like that the same report should be laid on the table of the research in this connection, after traversing House and there should be a discussion on India, is not being respected. He has also it so that the facts should come out and expressed his views that this work should be everyone should be able to know as to who done by the Human Rights Commission and is the real well-wisher of the minorities, False it is very essential; for national integration. slogans are raised with a view to establish a He has also opined that various kinds of vote bank and a ~tition is going on Commissions should not be set up. Mr. within this country as to who can capture the Deputy Speaker, Sir, it has also been stated vote bank and who can win the favour of the here that many kinds of atrocities are being minorities? And with this intention, attempts committed on the minorities in our country. are on to set up this Commission. So I would Although I do not want to go into the details like to say that since 1952, the congress was of all these things yet I would like to ask Shri continuously in power in the country and Iyer Sahib, who has given a long speech to alter 43 years they are going to set up such search his soul first. After Indiraji's murder commission; what were they doing before? not only in Delhi but in the whole of India, sikhs were burnt and killed. 3-4 thousand Mr. Deputy Speaker, Sir" I would like to Sikhs were killed in Delhi alone and at other submit in this cntext that today in our nation, J:.-·"lC8S, Sikhs were bumt alive in a large there is no danger to any minority. Many number; they were dragged and brutally exaggerated stories were made out against killed, innocent children and ladies were also the Bharatiya Janata party leader Shri not spared. Who were the persons behind Sikander Bakht. It has also been said that it? I would like to seek information about. The Muslims have no faith in B.J.P. and it has a concrete evidence of this is the report of the feeling of hatred against the Muslims, I would Chief Justice of India and the report of the like to tell them that we have only one Muslim former Chief Justice 01 Delhi Shri Mangi lal leader and in spite of being Muslim, he is our Jai in which it has been stated that the leader in the . Was this possible persons occupying seats here - some of if we had any kind of hatred against Muslims them may not be members now-and some of and on the other hand. It is a historical fact them are Ministers, enflamed passions in that at the Round Table Conference, Jinnha Delhi and incited violence;. Atrocitfes were Sahib said something to Shri Gandhiji and in committed on Sikhs. Mr. Deputy Speaker reply to his comments, Gandhiji advised Sir, when the police went to arrest them, a jinnah that the country should remain united petition was filed in the Delhi High Court by and integrated. thenJinnah saidto Gandhiji:- the honourable Members and till today cases against them are pending in the Court. [English] I would like to know from the hon.Member whether he wants to teach us - physician • You do not represent India; you only heal thyseH' They must do introspection and represent Hindus of this country;; and judge whether they are not responsible for Muslims are represented by MuslIm League·. killing thousands of Sikhs of the country, Are they not responsible for the aftermath of [ Translation] murder of Indira Gandhi? Are they not responsible for throwing several Sikhs into Todaythey feel that patriotism is at test. the furnaces at various places. I would not I would Ike to point out that some or our like to go Into much details of all these things; colleagues have expressed here such I am only referring to the report which has feelings., bullwanttosaytothoeec:olleagues 165 National Commission VAISAKHA 21, 1914 (SAKA) for Minorities Bill 166 that it would have been better it they, keeping But the issue relating to the Constitution this feeling aside, had given a slogan thatthe of the Commission and providing blanket creation of Pakistan iswrong. Pakistan should powers to the Government with regard to not be an Islamic State; its creation is based deciding the Minority Community; will create in communalism and so Pakistan should be a new conflict and dispute in the country abolished as a separate country and it because the Constitution does not define should be merged with India and also an 'minorities'. There is a mention of minorities integrated and United India may be formed. in Article 29 and other Articles of the If they talk like this, then only I can understand Constitution with reference to religions, that they have some sense of patriotism in educational or linguistic sections. But the their heart. Otherwise all their such activities framers of the Constitution have no where' are meaningless. At the time of creation of defined as to who would be class~.ed as Pakistan, there had been large scale ·Minorities· in the country. If n.. ,v the, bloodshed. The then Chief Minister of Bangal Govemment of India is vested with the powers and the then Finance Minister liyakat Ali of deciding the minority, convnunity, it will Khan were the main persons who were create a lot of problem, Today the political responsible for this bloodshed. In Lucknow party who is in power will declare one the national guards of Muslim League were community as 'minority'. the political party responsible for riots and it is a matter of coming to power later on, may change it surprises that today _they are teaching us a through a notification and those who were by lesson of peace and preach us that we then in minority, will come into the category should live like brothers, there should not be of majority. In this connection, the draft was a feeling of discrimination. But I would like to prepared by the Minorities Commission itself. state that our leader Shri. Advaniji has Certainly, this draft has no status of its own; repeatedly stated that we do not have any it does not have any formula or criteria to discriminatory policy, we do not adopt any distinguish between minority and majority. H differential attitude against anybody; but will rather entitle the Government to give despite all these facts, we do want that every discretion to declare any Community as person living in India must be a patriot. If we 'Minority' as per its liking. This is against the take Shri Iyer's views into consideration both spirit of the Constitution I request that all the Shri Purushottam Das Tandon and Shri hon. Members of the House irrespective of SardarPatelwere not patriot. When Shri Iyer their party affiliations should think over it referred to the incident of Hyderabad gave seriously and find out the resons as to why a slogan that Hyderabad would go with they could not be able to define it. Why they Pakistan and bloodshed started there, Sardar could not prepare a draft? If you feel that the Patel forcibly merged it with India through Muslims are in Minorities here, why are you Police action. Sardarpatel also is a communal, hesitating in writing the word 'MUslims'? If he is not a patriot, seth Govinddas is also a you think that the 'Sokhs' are in 'Minorities' communal in his eyes, be too is not a patriot. here, why do you hasitate in writing this word In his eyes all the persons who celebrate the here. 'Ganesh Utsava' areeomanual. The Veteran freedom fighters Tilak and Gokhale are also Mr. Speaker. Sir, so many allegations communal. If TUak. Gokhale Sardar Patel have been levelled here against us and I andPurshottam Das Tandon are communal, wished to reply all of them but due to time then we are not at all sorry if they call us constraint,lwilidoasyoupermitme. Though communal. the time factor was not taken into account 167 National Commission MAY11,1992 for Minoriti8s Bill 168

(Sh. Gumanmal Lodha] believes in outspokenness. It believes in nationalism and this is the only reason that in while levelling allegations yet I will abide by the beginning our number in Lok Sabha was your orders. I would like to point a ut here that two, later on it increased to 89 and today we I had read out the speech at. Sardar Patel are 119. The people of India believe in here. While the debate on Shrine-Bill was nationalism and the time is not too far when going on in the House, I had read out the the followers of pure nationalism and the true views of Sardar Patel as quoted in Gadgil's sons of the soil will sit on treasury benches book. If they consider Sardar Patel as and those who do not believe in pure communal then nothing can be done. But I nationalism will be rooted out and their would like to tell him that the word 'secular' pseudo-secularism will be exposed. has been mentioned in our Constitution very clearly, but when this Constitution was applied SHRI SULTAN SALAHUDDIN OWAISI to Kashmir the tern 'secularism' was deleted (Hyderabad): Mr. Deputy Speaker, Sir, I from it. The main principle which has been cannot support this Bill whole-heartedly, mentioned in the 'Preamble' of the because if the Government is really interested Constitution, has not been enforced in to set right the injustice done to the Muslim Kashmir. I want to know from the minorities, it should have given those very Government as to why double standards are rights which have been given to the being adopted. They say that Shri Advani Scheduled Castes and Scheduled Tribes has been indulging in double talk. But it is a through a Bill which has been passed by the matter of controversy as to what Shri Advani House. But it is a very strange policy of the thinks and what he does not. But it is on Congress that it shows a lot of sympathy, but record. It is mentioned in the Constitution w¥n the occasion for giving something that you have not used it in the context of arises it makes a lot of curtailment in the Kashmir. That is what I want the know from facilities which were genuinely required for you as to why it has not been done. If the the minorities. This is the reason that Govemment considered Sheikh Abdullah a discontent is spreading everywhere. If the patriot, why did you him in prison for 11 Government feels that the injustice being years. In this House many exaggerated meted out to the minorities should be set things arE said. Those people who did nothing right, the Government should have given in the freedom struggle, made no sacrifice at adequate rights to them so that they are not any stage, say today that they will shed th~ir subjected to injustice In future. But, it appears blood for Kashmir. But why Sheikh Abdullah that as perthis Bill, the Minorities Commission was put behind the bars by Pt. Jawa~ar Lal is not being given those rights. As a result of Nehru, when Sheikh Abdullah was it the Commission will present the reports undoubtedly in good books of Shri Nehru. only and will not be able to take any concrete steps for the welfare of the minorities. Thus Why Shri goes to Kashmir this Bill win create a feeling among the today and why not Shri ? Muslims that a discriminatory attitude is What is wrong with Shri Ghulam Nabi Azad, being adopted towards them. The facilities not with-standing the fact that the hails from being given to the Harijans are not given to Kashmir and Shri Pilot from Rajasthan? I us. This shows that nature of your secularism. want to know as to what is wrong with Dr. It is not the question of mafcino a propocflnda Farooq Abdullah and Shri S.B. Chavan. of secularism, It Is !he question of implementing it in letter and spirit. H the Mr. Deputy Speaker, Sir, I would like to Muslims admit that there is secularism in the point out that the Bhartiya Janata Party country then the world will certainly accept 169 National Commission VAISAKHA21, 1914 (SAKA) for Minorities BiB 170

India as a secular nation. But merely making SHRISULTANSALAHUDDINOWAlSI: the propoganda of secularism cannot be I talked to the Chief Minister. The Chief taken as a genuine secularism. Today the Minister told me that he wanted to release intention behind the ~ruggle for bringing this them. But in the House their attitude is to Bill was to stop attrocities being committed suppress our voice by making noise, you on minorities. During the incidents of riots, must realise that your popularity among the we die, we are looted and are the worst masses has gone down. Now you cannot sufferers and even then the police arrestst. carry on with such an attitude (Interruptions) us. We want that impartial enquiry should be made into all these riots and the facts may be I would like to point out that the Central brought before the public. But I am sorry to Govemment should realise the prevailing state that the_ reality would never come out. situation and should intervene in these affairs. Had the Government given sufficient rights, At the same time we also want that all the the present plight of Muslims would have Amendments presented today should be never been there. You may yourself notice accepted and only after accepting these the percentage of Muslims in Governemnt amendments you will be able to do some jobs before Independence and today this constructive work in this regard. Otherwise, percentage has been reduced to less than if you do not introduce them, we shall always one per cent. I would like to cite a specific feel that there is nothing but promises for us. ex ample of the Andhra Pradesh Governemnt. Forthe last 45 years after independence, we There are 7 Universities but not a single one have been living in the world of dreams, has a Muslim Vice-Chancellor. It is very assurances and promises only. The strange that on the one hand, there are a Govememnt is still in a illusion that it will go large number of Muslims in the country but on winning the favourof Muslims by befooHng there are only two Muslim judges in the High them through its false promises. I would like Courts despite the fact that there are many point out that those days have gone now. Muslims who are competent to hold the post This House might not have been informed, of judges. Similarly, the Govemment must but I with full responsibility would like to be knowing the percentage of muslims in the inform this House clearly that tne new young field of engineering and medical sciences. It muslim generation has lost its faith in is wrong to say that the Muslims do not democracy. Today we try to stop them from qualify in tnese disciplines, they do so and indulging into violence to achieve their goals their performance is also very good. But but they do not pay heed to it rather they say their position is intentionally brought down they have no other way to get their problems and that is the only reason we are fighting for solved except to resort to the use of weapons our rights. so they would also take up weapons. What would be the consequences? We-cannot Perhaps you might be knowing that stopthemforlong. You must have received even today 150 Muslims are under reports from Intelligence agencies. What is determination under TADA in Rajasthan. this all gling on In the country? You seem to More than two years have pased since ... be under wrong iflllression. I would like to ( Inte"uptions) remove that impression. Remember, the consequences would be disastrous. if the SHRI DAU DAYAL JOSHI (Kota): I want problems are not solved right now. to know from you as to why they were arrested. (Interruptions) They were arrested You should neither take It as a threat nor because bombs were found in t!'leir as a joke. You have been following the policy possession. (Interruptions) of solving the probIemonlywhenthe situation· 171 National Commission MAY 11.1992 for Minorities BiR 172

[Sh,.Sultan Salahuddin Owaisij presented in the House to give statutory status to the Minorities Commission. I would aggravates. The Government should be like the BiU to be passed unanimously in the quick enough to solve the problem as soon House. It is unjustified. if the main opposition as it arises. If the situation aggravates or party opposes the Bill. It would be In the crosses all limits it becomes very difficult to interest of the country, if the Bill is passed control it. For how long injustice would unanimously. Right from the beginning of continue to be done even after forty five the Constitution of Minorities Commission years of independence and Government Bill, it has not been given the shape of an Act, would remain a silent spectator? even though Government had declared its intontions to do so. BJP had not come into Today. I would like to submit that it existence by then, Jansangh had merged should be implemented. Government with the Janata Party and leaders of BJP Shri sometimes constitutes Human Rights Advani and Shri Vajpayee were in the Commission and at other times another Government that had initiated this step. Commission but Government must also Today it is being granted statutory status to consider the conditions in which people are give it teeth and to enable it to bring out living. The situation would deteriorate after reports and to provide for its financial four or five years. Therefore. conditions expenditure. Shri Advanl and Shri lodha would have to be improved right now. If understand these facts and therefore, they Government follows the right path then did not raise any objection. With this certainly positive results would follow. But if background, it had become even more the Government follows wrong path results necessary for them to support it otherwise it would not be good. When the situation go would be alleged that they supported the out of control, the Government would not be matter when they were In the Government able to do anthing. I would only request you but opposed it when they were in opposition. to take correct steps. If any ~mmission is This attitude appears to be illogical having no proposed to be constituted, it must also be value and no basis. given adequate powers. OUr Minister Shri Kesri is present here. 18.27 hrs h is true that Jammu and Kashmir has got a speciaJstatusinthiscountry. Butthepurview [SHRIMATI MAlINI BHATACHARYA in of Minority Commission should be extended . the Chait) to all the States of the country including JammJ and Kashmir including the region of It is strange that when scheduled castes laddakh. I submit that Government should and scheduled tribes commission is examine it from this angle and If there is no constituted, the powersgivento it are different constitutional hinderance then Jammu and from those which are given to the Kashmirshould not be kept out of its purview. Commissions constituted to look into the interests of Muslims. Is it not a discriminatory Madam Chairperson, I would like to attitude? In spite of all this you raise the submit a few things .• pertalng to the history slogan of secularism? Is your secularism of this country. ShriAdvanijihasalsoreferred real. You must tell us about all these things. to it. Britishers ruled this country and they Woth these words, I conclude. foRowed the policy of divide and rule. All the persons. who fought forthe independence of SHRI Bl-tCX3ENDRAJHA(MacIwbani): the country, made all the possble efforts to Madam Chairperson, I rise to supponthe BII bring about unity In the country In order to 173 National Commission VAlSAKHA21, 1914 (SAKA) for Minorllies BiI 174 challenge the 8ritishers and achieve freedom. I am aware that the rights and duties of It is true that Muslim league at that time the people of both the communities are raised the slogan of aseparatecountryorthe equal. Members In the House represent the theory of two nations, they demanded a population of 85crorespeople ofourcountry. separate muslim nation while RSSand Hindu We all agree that our duties and rights are Mahasabha, since Jansangh had not come equal. However, the partition of 1947 also into existence by then, raised the slogan of brought about a sea change in the way of a Hindu nation. It was not raised keeping the thinking. "Gandhiji failed to control the riots people of our country in view, but it was through non violence, his sacrifice certainly raised in communal sense. Muslim league helped in containing that trend. Gandhiji's said that Muslims are a s9pClrate community sacrifice saved the lives of crores of people. and thus they should have a separate country, Todaygreat personality Ike Mahatma Ganc:tli similarly RSS raised the demand for a Hindu­ is not amongst us. Therefore, it would be in nation. the interest of the country that we should not talk in threatening tone. Britishers' strategy of dividing both the Communitiers proved successful and they In the same context, Shri lodha has just agreed to the formation of two separate stated that they were two, then their number nations. rose to eighty six and then to one hundred and nineteen. But our ruling party friends as Our great leader Mahatma Gandhi well as some of other friends have been struggled to avert partition-I did not support much more responsible for itto a great extent the idea even at that time, He tried to bring because they talk only about minorities. about unity in both the countries in his own Shahbano was a citizen of this country and way. He said "lshwarAllaha T8I9Nam, Sab many such women are living in this country KoSanmatiDeBhagwan'. MahatmaGandhi who are like my sisters. But an of them have did not consider himseH a communal, He been deprived of their human rights and also considered himself a Hindu but even then he equal rights. Despite an this, many of the was shot dead by a person in the name of hon. Members submit that they had done a God. We could not save Mahatma Gandhi right thing. As ShriSail has saidthatwhatever and some people succeeded in dividing the they had done was right and whatever they country in the name of Allah. Hthis country will do in future, will also be right I think still had not been divided, muslim community there are somefriendswhowiU showcourage would have been much more powerful in this to speak on this. Because it is not an ordinary country. I would have been glad if my friends thing. The B.J.P. gotthisgolden opportunity, had also expressed their views on this issue. they speak everwhere about it. We, the The persons Ike me, who partqJated in the communists had opposed the idea at that freedom struggle were rnosthappy on August time. What was done at that time was wrong 15,1947 because the country had become and what these people are doing now is also independent; at the same time we were wrong. Even today the Congressmen have aggrieved that a part of our land where books no courage to speak on this and admit that like Vedas were written and where we had it was a mistake on their part. On that basis taken the pledge to achieve independence, theB.J.P. people saythalwhen tho Supreme had become foreign for us. Today again the Court's verdict was not irJ1)lemented in country faces the threat of divisioR. Myfriend Shahbano case how can the High Court's Shri Salt spoke before me but what an this verdict on Ayodhya be iOlllementad. I Is mean? difficul to adopt double standards among. 175 National Commission MAY 11,1992 for UinorIiBs 811 176 [Sh. Bhogendra Jha] On the contrary we want that poverty should continue. It is a blow to our country's self the people in this country. The B.J.P.leaders respect. I, therefore, have the apprehension owe this strength to the Congress that the B.J.P. is instigating the trouble Government. On the one hand, it deprived because by-elections are round the comer in Shahbano of the human rights justto appease Delhi. If this agitation continues In the a particular community and on the other university it will help them in the by~lections. hand it allowed 'Shilanyas' Neither that type I would like to tell one and all that it Is of communalism nor this type of dangerous. All my hon. friends should try to communalism helped them. You have seen understand it. Every action has a reaction. the results, Opportunism never bore good If you harm others, they will retort. results, whoever might follow it. It may Communalism has a chain reaction. Jamat­ produce momentary' benefits, it would not e-Islami is a prominent communal party in last long. the country. Ours is an all India party. The Jamaat~-Islami Party and has no unit in In the same way, one more danger is Jammu and Kashmir. It says that Jammu­ looming large in a University of Delhi? The Kashmir should be a part of Pakistan -and not Pro-Vice-Chancellor says that it was not that of India. When their leaders were asked properto ban the book. People's sentiments about it, they replied that it is not the Jamaat­ were hurt. I do not support it. And now he e-Islami to which they belong. They say that said that he was prepared to apologize if any they have no member in the above Jamaat­ body's sentiments had been hurt. What will e-Islami. We charged the party that it says be the remedy? When I read Valmiki thatJammu and Kashmirshould be separated Ramayan, I find descriptions on merits of from India. But they say it is a separate Lanka and greatness of Ravan. Should we organisation. Even they did not get five cut Ravan's head and scratch his mouth on persons to :;onstitute their unit in Jammu and that ground. An agitation is still going on in Kashmir? The Jamaat-e-islami had reported the Jamia-Milia University overthis issue. It in its editorial the stand taken by the is the voice of the minorities and let them Government of India on Ayodhya issue. raise their voice. The misguided youth should They had advocated the idea of maintaining join the mainstream. If people give wrong the status quo as it was in 1947 and given the advice to them we will foil their bid by our historical background. In another column on correct advice. There is a happy news that the same page il states that at the outset a about 50-60 Iranian intellectuals have right Islamic Govememnt come to power in expressed a different opinion. All the Pakistan which functioned on communal academic work in the university has come to bais. People who can read both the columns, a standstill. The Ministers, and the what will they think? My hon. friend, Shri Sail Government are keeping quiet overthe issue. is present here. He spoke a lot on patriotism The leaders of that community are silent but even after partition the Muslim League here. But I know they have nothing to say in in Kerala did not take a nationalist stand. this regard. In my opinion the Muslims who Even If it is based on communal Hoes, the are nationalists are true Muslims. There is a Jamaat-e-Islami should see to it that the revolutionary judgment against usury in Islam. poison is again spreading in the country. • If a Muslim takes interest on money, he is a new trend. Jamaat~·lslami in Jammu cannot be a true Muslim even if he offers and Kashmir is not a part of Indian Jamaat­ 'Narnaz' five times a day. If he has surplus e·lslami. They have no Intention to establish money he should give ilto his poor neighbour their units in J & K. Even they do not get five and it should not be regarc:ted as giving alms. people to enroll as their members. What 1n National Commssion VAlSAKHA21, 1914 (SAKA) for Minorities BiR 178 effect wift It have in the country? can we facts. The fact is that the was appointed make people understand that it is a right Governo~ at the instance of the then Minister approach. Let them continue to be of Home Affairs, Shri Mufti Mohammad communal. I am talking about C.P.M. and Sayeed. The B.J.P. opposed the manner in C.P.I. When we made friendship with the which Shri Jagmohan was removed. Muslim League in Kerala, people like me (Interruptions) The B.J.P. had no hand in it. said that It was an invitation to R.S.S. OUr So it is wrong ontheirpartto repeatthe same leaders could not understand how it could be thing again and again. possible. I said that if we call Muslim League a secular party and R.S.S. a Communal SHRI BHOGENDRAJHA: Thank you, I party, people would not accept it. And this say how could he be appointed had the happened. They help each other. The Home Ministernot wished? It is a well known Congress Party is following the policy of fact the he was sent there by the hon. opportunism. They have committed several Minister. The hon. Minister will say that he is other mistakes also. not going to part with the secrets of the Caninet, neither I am going to ask him Shri LOOha gave several exafTl>les. Uke anything about it ... (Interruptions) us the B.J.P. was also supporting theJanata • DalGovernment. The B.J.P. dernandedthat PROF. PREM DHUMAL: The B.J.P. Shri Jagmohan should be appointed as the had no hand in it. Governor, but the State Governernnt opposed the move and requested to appoint ( Interruptions) some other person. The J.D. Government succumbed to their wishes because they SHRI BHOGENDRA JHA: I would nol had a sizable membership (Interruptions). like to ask him to part with any secrets. As soon as Shri Jagmohan took 'charge, Dr. (Interruptions) Let the B.J.P. say even today Farooq Abdullah resigned. In spite of that that it and its Leaders had no hand In the ShriJagmohanrecommendedthedissolution appointment of Shri Jagmohan, If so Shri of State Legislative Assembly. Now what is Advaniji would have made it clear whose the relation between the people of Kashmir party was supparting that Government. • and the Govemment at the Centre? Perhaps will be a news for the country. The it is a relation of bombs and guns. No Communists had opposed it and the Chief democratic relation is there. The previous Minister had requested not to send him Government to which we extended our because his arrival would create trouble support is responsible for this offecse. I am there. And it happened. The State Assembly saying that the mistakes that we committed. was dissolved. Shri George is present here, ( Interruptions) He should not disclose any secrets which I cannot refute.

PROF. PREM DHUMAL (Hamirpur): SHRI GEORGE FERNANDES: • is a This charge is time and again made that the fact that his appointment was done as per Government sent Shri decision taken only by the National Front Jagmohan under pressures from B.J.P. Shri Government. There was no pressure or out George Femandes, a Minister in the said side influence In any way. I have written this Govemment as well their Prime Minister is thing in my article .•can be seen in the library also present in the House. I would like to teH in the April issue of 'Seminar'. I am replying them that they have also supported the to your question because it is necessary to proposal. If necessary they can verify the clarify certain points. 179 NalionaI Commission MAY 11,1992 for Minorities BiN 180

SHRI BHOGENDRA JHA: Mr. opposes It today, It would be a wrong step Chairman, Sir, I do not refute the statement because they had supported its of Mr. George Femandes but at that time aU implementation in 1978, and at that time it of us, Communists and Leftistes, who were had no statutory status. After 14 years the supporters of the then Govemment, had statutory status is being given to it and if they said that Mr. Jagmohan should not be oppose this Bin, it wiH be a moral defeat for appoint~ (IntetrUplions) Please listen. them. It will not be a proper step. It should not We were not in the Government.. .. happen. So, they should also support it. (Interruptions) We were also the supporters ofthe then Government. I am not refuting his As I said whatever be the type of statement, rather I am placing the facts ..... communalism, both help each-other to (Intenuptions) The Govemment of Kashmir, spread Communalism of minority is not and the Chief Minister had also opposed his dangerous but all the same it encourages appointment and when he had been communalism We have to discuss with appointed, the Chief Minister resigned and intellectuals. They say why the verdict of the meanwhile Mr. Jagmohan gave the Supreme Court has been changed in suggestion of dissolving the Legislative Shahbono case. The Vice-Chancellor of the AsserTi>1y and it had been dissolved. But the leadiing university of Delhi is also a Muslim, present Govemment has not yet decided as even then it is being demanded to expel him, to when the Legislative AsserTi>ly may be otherwise the students will not allow constituted there ... (Interruptions) examination as well as studies. The people who become leaders in the name of religion I do not know about the present situation, should speak openly against the move. but that had been opposed by the Leftists. h Youths are also patriot but when they are is a fact ...... (Interruptions) misled they go astray.

Since then the danger has increased in Mr. Chairman, Sir. 1do not know whether Kashmir. there are other reasons too forthis Quid-e-Azam Jinnah was a communalist. I increasing danger; but I would not speak on think he was not. I am saying a very different them. I am requesting Shri Kesri that it thing but I am confident that he was not a should be looked into and if there is not a big communalist. When Pakistan came into legal hurdle, provision regarding keeping existence, on that occasion Mr. Jinnah as Kashmir out of it should be deleted because the first President of Pakistan in his first Muslims are still in minority in Jammu. speech, said that since Pakistan had come Laddakh and Srinagar. At least I do not into existence, there should not be any understand why the issue of separating communal conflict. Hindu, Muslims, Sikhs Kashmir from it, is necessary. You can think all have equal rights. Pakistan will be a over it through out the night and may accept secular nation. Pakistan Govemment does it tomorrow. not publicise It. In India if the Government does not propagate Jinnah's view, other I would like that the sentiments expressed people should publicize them. Still I have a by Shri Sait should prevail in the country and portion of that speech with me. But when we if B.J.P. support them it will further add to follow the wrong path the results is loaned to their significance. If it becomes the opinion be disastrous.. Thus we pafronise of the Par1iament of the country. it will communalism forthe sake of votes only The strengthen the unity and integrity of the nurTi>er of their M.Ps. increased from 210 86 nation. Ways may be different, but we all and from 86 to 119. Will you go on taking the would like to help in this effort .. But if B.J.P. shelter of religion in this very manner; will you 181 National ComlTission VAlSAKHA21, 1914 (SAKA) for Minorities Bill 182 allow the country to be disintegrated? But for Pakistan remained in India and those this is the very country which can reduce the people were neglected here,. They should number from 119 to 2 .. ·Puner-e-mooshak not have been neglected. Today, we are bhav' is not a great thing. A saint had done giving a statutory status to the Minorities this. There is a reverse counting also, which Commission, which will lode into the matter begins from 100 and then go down wards 99, and will proceed further. 98, and so on. In a nut shall we should pass this Bill unanimously and show that we stond It is an experience of my life that a united on certain principles. Muslim does not lag behind mentally and intellectually in comparison to a non-muslim Certain sections have been making When he gets an opportunity he cOrJl)etes complaints as to why Muslims have not been equally in every field and makes progress. given same facilities as are available to the We 85 crore people, irrespective of religion Adivasis and Harijans. The issue of Adivasis should have the duty to raise a unanimous is different. It is a reacial issue. Adivasis are voice for unity and integrity and should not of Indian origin. I am not calling them resort to any such step as may cause aboriginals. Originally they are Indians of disintegration of the cou·ntry. Again I would course, it is a separate issue. Muslims are like to urge that we all should pass this Bill not of different race. Out of 1000 Muslims unanimously and strengthen the unity of the 999 are of the same origin. Only one or two country. With these words I conclude. do not belong to that origin. Hwe try to trace their lineage, we will find a number of Muslims (English) were Hindus about 4-1 D-15generations back and many of them might be relatives of SHRI RAJAGOPAl NAIDU present generation of Hindus. Therefore, RAMASAMY (Periyakulam): Sir, on behalf of the matter of Muslims and Adivasis could not AIADMK, 1 wholeheartedly welcome the be treated on the same footing. Similarly, National Commission for Minorities Bill, 1992. Harijans and scheduled castes were not the creation of Hindu Society in the ancient time. 1fully agree with the principleS of the Bill The caste system was introduced later on in and I also agree with the necessity of the Indian society. Initially the Varna System according the Minorities Commission a was not based on birth but it was based on statutory status. the merits when after a certain period caste was used to be decided purely on the basis While the Government is for a statutory of birth, the disturbances in the society started status to the Commission, I would like to go and the people, who did not accept the a step further and s~ggest that it should be difference between poverty and richness given a statutory and democratic status. To and revolted against such discrimination achieve this end, I propose the creation of a were called 'Dusadhya" It means those Standing Parliamentary Committee on the people may not be easily controlled. These Welfare of Minorities. The Committee must things are described in our ancient books be created on the lines of the existing called 'Vedas' Mahabharat and Harivansh. Committees like PUC, PAC and SCST One reason of the backwardness of Muslims Committee. The creation of such a is the partition of India in 1947. lakhs of Committee has several advantages. people, who were businessmen, rich and educated fled away either to Bangladesh or A Parliamentary Committee will be more to Pakistan. A good number of those independent than a Commission constituted advanced Muslim people who had also voted by the Govemment. It will have enonnous 183 National Commission . MAY 11,1992 for Minorities Bill 184

[Sh. Rajagopal Naldu Ramaswamy] Central Govemment. The Members of Parliament should be able to elect the powers to summon witnesses and Members of the Commission. The Central documents, and it will have access to all Govemment may reserve the power to areas affected by communal riots and the appoint one of the Members as the Chairman functioning of the Committee cannot be of the Commission. It should be a national­ obstructed as it enjoys the privilege of the level election and the poorest of the poor Houses. The will ful disobedience to comply among the minorities must be encouragedto with the directions of the Committee for contest. It is not that one or two supposed implementation of itS recommendations will leaders of the minority communities can be also attract punishrnentforbreach of privilege. allowed to comer the position. The objective Further, the constitution of the Committee behind this is to create a mass awareness will be mandatory exercise for every year or among the minorities and in the years to for every two years. The proposed come to create a cordial atmosphere among Commission may not enjoy such powers and the various communities in the society so privileges. I, therefore, urge upon the that the minorities themselves, on their own Go~emmentto seriously give thought to this. accord, may chose to fuse themselves with Besides the above, the Parliamentary others into one single entity. When that Committee will also have an independent golden time comes, this law would be defunct. Secretariat under the Hon. Speakerto serve Madam, on the other hand, if you do not give the Committee. importance to those poorest of the poor among the minority communities, a handful In case the hon. Minister wants to of leaders of the minority communities would proceed with the Bill, I have got specific be developing vested interests and all their suggestions to make. attempts would be to promote and preserve the minority status,of the communities. I The first thing is that the law must would also like to add thatthe continuance of specify who the minority communities are. It , the CommiSSion must be reviewed at every should be got approved by Parliament when 10 years. I had given certain amendments the law is made. If a list is given in the law regarding constitution of the Commission itself, any change in the list of minority and for the removal ofthe members thereof. communities can only be effected by The hon. Minister may kindly accept the Parliament. But under Clause 2 (c) of the BiH, amendments. this power to specify the list of minority communities has been granted by the Central I had also given an amendment for Govemment. Parliament's approval Is only tabling the report of the Commission before ex post facto that too only when it desires. the State legislatures because In most cases, Such a scheme is very rooch against the they are the ifYl>lementing authority. That substance of the Bill. Members of Parliament should also be accepted. Madam, I must would be voting for the constitution of a also point out a very serious lacuna in the Commission without knowing who these drafting of the Bill. The hon. Minister would minorities are. I had given an amendment to agree with me that Parliament grants a Clause 2 and also to the Schedule. I hope the general power to the Govemment under hon. Ministerwould accept the amendments. Clause 16 to issue an older for removing any difficulty In regard to implementation of the Madam, in my humble opinion, the BiD for two years. This is a very wide power Chairman and the Members of the and since Parlamentgrants it, it is a delegated Commission should not be appointed by legislation. However, In Clause 15 (3), this 185 National Commission VAISAKHA 21, 1914 (SAKA) tor Minorities Bill 186 order has not been included for Parliament's press is indulging in yellow journalism. scrutiny. \ I had given an amendment to Therefore, those who cry for codification of correct the position. I hope the hon. Minister privileges of public representatives must would accept this. realise that indeed we want a law for regulating freedom of pressmen who are, unlike public Having said a few words on the representatives not accountable to the people provisions of the Bill, let me say something of India. The Government must bring a law about the matters which the Bill has failed to for regulating press freedom. • take care of. Sir, there are around 3,600 minority Madam, if you take the case of Tamil educational institutions in Tamil Nadu. There Nadu, Muslims and Christians constitute a is also an institution for special coaching for large proportion of the minorities and Sikhs lAS in Madras. There are also two minority and Bhuddists have very low proportion. institutions, namely, Muslim Educational There are no communal tensions prone Association of South India, Madras and areas as such in Tamil Nadu. However, the Justice Basheer Anmed Sayeed Women's DGP has been instructed to see that when College in Madras. There are also 47 the police are deployed, they are in composite polytechnics. in 12 minority concentrated group. Only officials of highest known districts of Tamil Nadu. It must be appreciated efficiency, impartiality and special record are by all that most of the minorities in Tamil posted in communally sensitive areas. Nadu come under the broad group of "Backward Classes' and are entitled to In Tamil Nadu Police Force, there are in concessional treatment. The social and total 18.2 percent Muslims and Christians in economic welfare having been taken care of, all ranks upto DSP level which is well overthe there is no communal psychology of population average. separation amongst the minorities in Tamil Nadu under the glorious rule of Puratchi The deployment of composite police Thalaivi. force is essential to allay the fears among the With this and with the hope that my minority communities. An express provision suggestions would be considered, I support in this regard in the proposed law must have the measure. been made. SHRI KODIKKUNIL SURESH (Adoor): An express provIsion for trying Madam, I support this Bill. Through this Bill, communal offecses by special courts should the Minority Commission is being given also have been made in the Bill. Special statutory power so that it will be able to provisions on the lines of Tamil Nadu examine the safeguards provided in the Prevention of Destruction to Public Properties Constitution. Act and Goondas Act should be there in the Bill for detaining people who incitecommunal Unfortunately, in spite of the safeguards, violence in addition to provisions .in the the minorities have always felt insecure and National Security Act. threatened. Their representation in Government services is negligible. In spite Sir, the root cause of serveral communal of their continuous demand for better tensions all over India is the Press. We must representation in services, particularly in the note with disapproval the role played by the armed forces, we have not been able to do Press in the name of freedom in inciting much. So, this Bill is a right step in the right communal violence. Most of .the regional direction. 187 National Commission MAY 11, 1992 for Minorities Bill 188

lSh'-Kodi

[Sh. Chitt~ Basu] "Adequate safeguards shall be provided for minorities, backward can be provided by the Minorities and tribal areas and depressed and Commission. At that time, we welcomed other classes." when the Minorities Commission was set up and I think the BJP was also a party to it and Madam, this was very much part of our they should feel proud of it that a Minorities Constitution~1 framework that pluralism in Comnlssion was set up. Of course, it had no our society is to be protected, is to be statutory basis. Now, a Minorities retained, special safeguards forthe minorities Commission without a statutory basis could and compensatory discrimination for the not function properly and meet the hopes weaker sections pftheir community are to be and aspirations of the minorities. Therefore, provided for. This constitutes the basic we have been demanding that there should framework of social justice in ourConstitution, be constitutional basis of the Minorities although, I would say, this has not been Commission. property implemented.

The commitment of the nation for the Sir, an Advisory Committee was formed guarantee, safeguards and protection of the for the Constituent Assembly to advise the minorities 'pluralism in our society, the Constituent Assembly on the fundamental multUinguicity, rnultiethnicity, and multicultural rights and the minorities. A special Advisory manifestation of our society have been part Committee was set up. Without going into of ournationalfreedom movement, if anybody Ihe delails of ii, I will only refer 10 Ihe says that the freedom movement of our recommendation of that fundamental rights country did not express its concem for the and minorities Advisory Committee. It protection of the minoriti!,!s, for the recommended for reservation of seats in the preservation of the cultural varieties and Legislatures on the basis of population for multiethnicity of other varieties of our society. minoriities, for Scheduled Castes and As a matter of fact, our freedom movement Scheduled Tribes, with the provision of a itself has taken care of it and these issues joint electorate. This is for our historical were always a part of our national freedom understanding of' the evolution of the movement. I quite appreciate the Constitulion-making process. It also Govemment's decision to bring in these recommended, consistent with efficiency of measures and I take this 'in fulfilment of our administration, due recognition to be given to national commitment of our freedom the claims of Ihe minorities to public services movement. Of course, they have done it on the basis of their population. after a delay, after 43 years of independence which is unpardonable but yet, they have Madam, the third recommendation was agreed to bring in these.measures. In this appointment of special minority officers in ,case, I want to draw the attention of Ihe the Union and in the Stales for effective House and the nation to the assurances or to protection of the minorities' interests. the objective of our Indian Constitution. On the 13th December, 1946, the Constituent These three assurances or three Assembly adopted an objective resolution. recommendations were made by the Advisory The objective resolution was to show and Committee on fundalllE&Ptal rights and rights accept the objectives of our Constitution. tn of the minorities, but it could not be accepted the course of moving that resolution, Pandit because of a national trageciy viz. the partition Nehru mentioned: of the country. Subsequent to that, the 193 National Commission VAISAKHA21, 1914 (SAKA) for Minorities Bill 194 attitude of the .constituent Assembly In this connection, the Mandai underwent a change. Commission's Report is also to be taken into account. That has also referred, that some Anyway, I am bringing this out in order kind of reserv~tion and some advantages to show that the Constituent Assembly, the are to be offered to the muslims, belonging nation as a whole, were very much concemed to certain professions. about the protection of the minorities, pluralism, of oursociety, multi-linguism, multi­ With these observations, I commend ethnicity and the multi-cultural manifestation that this Bill should be adopted. Had it been of our nation. a unanimous one, it would be better and if not, the House should adopt the Bill either Madam, you have already rung the bell, today or tomorrow as it might think fit. therefore, I don't want to take much of your time and I VliII conclude now. SHRI SYED SHAHABUDDIN (Kishanganj): I have been listening a I want that the House should take into attentively to the debate today which has account the Indian specifics in relation to the been very wide ranging with great emotion; minorities. If we do not take into account and at this moment, the words of that great that, I am afraid, what has befallen in the Indian and great Muslim, Maulana Abul former Society Union, may take place in this Qalam Azad, whose centenary we are country also. Taking a clue from what had celebrating nowata national level, are ringing happened in the former Society Union, I feel, in my ears; the words he pronounced in his the Indian specifics suggest that we should famous Presidential Address at Rarngarh. always take into account the cultural He proclaimed his pride at being a Muslim; pluralism, inherently disadvantaged position he proclaimed his pride at being an Indian; of permanent minority due to number and and indeed the Muslims of India stand at the the need for a positive discrimination as inter-section 01 two circles: the circle of Islam affirmatory action of the State to partly and the circle of India; they are not what they compensate fordenial of opportunities in the are without belonging to both orby disowning past. either of them.

Madam, I hope, the Government will And therefore since my name was taken take note of it and continue to take effective here in this debate, a question arose whether steps, energetic steps, to implement the 15- I call myself a Muslim-Indian or an Indian­ point programme for the minorities. It has Muslim. I know where I stand. lamaMuslirn­ not been implemented. It has been an eye Indian, I am not an Indian-Muslim; and the wash. It has been merely a window-dreSsing. distinction I find it very hard to explain to the It has been nothing but an electoral promise. people who do not appreciate the fine And no! more than that. Unless that 15-point nuances of the English as you do Madam, programme, particularly, in relation to the Chairperson. spread of education among the minority communities, particularly, in relation to the A Muslim-Indian is an Indian who economic uplift of the minority communities happens to be a Muslim, wl)o happens to and particularly, irrespective of providing profess Islam; and an Indian-Muslim is a and guaranteeing the social justice forthem, Muslim who happens to be born in India. I think the lots of the minorities cannot be Madam Chairperson tell me which is a more if1l)r9ved. nationalist, a more secular, a raore positive 195 NationaJ.Comlrission MAY 11,1992 for Minorities Bill 196

[Sh. Syed Shahabuddin] threat to Islam, an insult to Islam, then I am also a Muslim, and I am a Muslim first and I formulation? And that is how I answer my am a Muslim second and a Muslim last. good friand, Mr. Mani Shankar Aiyar. The Constitution of India that we have This question is not obviously a mater of adopted has resolved that conflict; it has just sementics nor is commnalism nor is harmonised the situation it has triad to ensure secularism; they are matters of life and death that on the inter-face of religion and a State, for communities, for peoples, who are there is a no discrepancy; there is no identified and constitute identifiable social contradiction; there is no conflict. And groups. And man is not uni-dimensional; therefore I say I am a Muslim-Indian. man has a multi dimensional personality; man has multi-faceted identity; he resides in No State in the world therefore today is a State basically where he was borne; he absolutely homogenised unifornly professes a religion; he belongs to a race; he monochromatic speaks a language and therefore his personality has rT\aQy identities. The purpose It is not; it should not be. Man is not of a State say the very purpose of ci~iljzation made out to the like that. Man cannot be is to see that tall facets are harmonised into bound in a strait-jacket. Therefore. minorities a cofTl)lete whole and none clashed with the are a universal phenomenon. Let us not other. And therefore sometimes a more consider, as some my friends do, as if crucial question is put to the like of us; all minorities were a stigma on the land, the right, you say, you are a Muslim and you are minorities were a handicap, the minorities an Indian. What are you first? Are you first a were an obstacle, the minorities were a Muslim or are you first an Indian? It is a difficulty to be surmounted. No;they are not. patent question of the Hindu communalists., Minorities are the glow of life. Minorities are it has been hurled at us not from today but the beauty and loveliness of this garden. from the time of the freedom movement; this Uniformity can neverbe as lovely as diversity. question was hurled at Azad himself; this And it is that diversity that. we as a nation and question was hurled at agreatfighter Maulana as a State have decided to embrace. All the Mohammad Ali who, speaking at the Round diversity, whether religious,linguistic. racial, Table Conference, challenged the might of what have you, all the elements that go into the British imperialism and told them, I shall the making of man we have accepted in the Jlot go back to my country without the charter fullness of our culture. with the traditions that of freedom in my hand, either you had to we have long nursed we have embraced all provide a piece of land for my grave here or the diversity. And, therefore, minorities are you had to give me my freedom. His was the there. Minorities will be there. ringing voice. And in that famous address at the Round Table Conference, he also referred Question whether minorities exist or to this question. I am asked, what are yqu not. is a stupid question. Minorities exist. first? Are you a Muslim first or are you Indian And the funny part in our country is this. And first? And his words also are ringing into my that is a point that I would like the hon. ears this afternoon. He said, when it is a Minister to note. That the term minorities question of the future of India, of the welfare does not mean, Muslims orSikhs orChristians of India, of the good of the people of India, I or Parsis alone. Are not the Hindus a am an Indian first; laman Indian second; and minority at some decision making level? The I am an Indian last, but I am also a Muslim. Hindus are a minority; they are a majority In And thef8fore, when It is a question of a the entire country. But there are a minority 197 National Commission VAISAKHA21, 1914 (SAKA) for Minorities Bill 198 at least in four or five States of our country. changing last. There is a surge for ethnicity. And therefore, I would like to make a general Everywhere any identifiable group, whatever proposition. Every majority community, every be the basis of its identity is crying hoarse for majority group in our country at a given level recognition, for equality. for justice, for is also a minority, at some level orthe other. participation for a share in the affairs of the Therefore, when we speak of the Minorities society, for a right to finger on the levers of Commission we speak for all the social power, for a place in the sun, for a share of groups who constitute a minority, if not at the the cake. It is a legitimate aspiration. No national level, at the State level; if not at the State can deny it. No State in the world can State level at the district level; if not at the deny it. And there are many States which district level at the Panchayat level, where have even gone ahead of us, Mr. Minister. they are subjected to discrimination, oppression and injustice. It is the duty of the I must recall to you, I commend you for Minorities Commission, it is the duty of a what you are doing. And lam happy that you civilised Govemment, it is your duty, Mr. have fuHilled an election commitment which Minister, to see to it that whichever group the previous Governments did not. Because constitutes a minority at any decision making this has been on the agenda of the nation for level, receives its due, gets justice, is free a long time, since 1979. from oppression, is not subdued, does not have to feel frustrated and does not have to You have also fuHilled the world of the feel deprived. Prime Minister which he gave in this House during -this session that a Bill shall be 19.33 hrs presented here. I congratulate you for that. At the same time I must point out to you,look [SHRI P.M. SAYEED in the Chair] at the world. The world is running very fast. In U.K. the CORE looks into the grievances The question has been raised about the of the minorities about representation or definition of communalism. I have only one under representation in Government definition. Protection of the rights of the services. And the Director of the CORE minorities cannot be communalism. himself told me, we had a prima facie case Deprivation of any group, deliberate that the racial minorities are under oppression of any group is communalism. represented in the Home Office, which So those who snatch away the massel of controls the CORE. The CORE decided to food from my mouth, those who do not give file a case against the Home Office. And the me jobs, those who kill me, those who case was to be financed by an allocation of demolish a mosque, are communal. If I also fund by the Home Office itself. We might do the sallie thing, I am equally communal. speak against the British. But this is an And, therefore, the definition lies in this. example that I would like to place before you. Communalisl)1 means deprivation of a group, The Ministry of Home Affairs of the 01 its rights of its dues, that it does not receive Government of the U.K., the Home Office justice. And to protect it, to defend it is provides funds to the CORE to file a suit and humanity, is secularism, is the highest value fight a case against itseH for allegation on the of the Constitution of India. That cannot be Question of under representation of minority called communalism. groups in the Home Office.

The entire world is changing today. I will give you another example. I was in want to look at the problem also in an Canada and there, there was a big dispute international perspective. The world is going on about the title to the land, what is 199 National Commission MAY 11, 1992 for Minorities Bill 200 called reservation to which the aboriginals relation first to the Central Govemment, that has been slowly driven down. In the north is to say the Union Territory and then the west of Canada, there are a large number of State Govemments that is to say, the State reservations. They provided funds to Territory. And in your List that you propose organisations representing the Adam Jatis to make under this Act you must have a very the aboriginal to file a case against the State clear category forthe Union in the context of of British Columbia about title to the disputed the Union and the second list in the context land. These are questions which are covered of the States so that our brothers who are a now by Commissions like the one you are minority any where do not feel deprived. trying to create here. And the entire U.N. system is now involved in this. They have gone far beyond the Universal Declaration of Mr. Chairman, Sir, I would like to add Human Rights. They are now working on the that minority problem is not therefore just a Universal Declaration of Minorities Rights. Muslim problem. It is a political problem and And our country which has signed the a national problem. What is the essence of Universal Declaration of Human Rights, which the problem? There is enough safeguard in has signed tile international Covenant on this book, Sir, enough in the lawthatwe have Political and Civil Rights, which is a the party made. But we need a watchdog; we need an to the Declaration against Religious autonomous body to keep a tab on the gap Intolerance, is bound to accept the Charter between precept and practice. The problems on Minorities Rights. And I am sure, it would of the deprived groups arise not because the if you happen to be and if you continue to be rights have not been defined and do not flow the Minister. from the Constitution. They do. They arise because in actual practice, man being what Therefore, the world is running very he is, there is always a gap between precept fast,. Here we are still arguing whether and practice, between the constitutional minorities exist; whether minorities should safeguards andtfJe implementation. So, the have rights or they should not have rights; essence 01 the Mil ,orities Commission must whether the minorities can be defined or not be to act as a watchdog and the capacity to defined. What a world we are living in ! look into a right claimed under the Constitution. To me the ",$t of legitimacy is Mr. Chairman, Sir, I would like to inform the Constitution. I may a<>k for the moon, you that the question of minorities came up And you have every right to deny me the in the Kerala Education Bill. And if you look moon. If I ask something that is implicit and at the pronouncement there, you will find, explicit in !tie Constitution, YOll have no right there is a clear definition, that the term to deny me. And if you deny me, I must have 'minority' orwhich group constitutes a minority an authority to whom I cc:n appeal. That is has always to be defined in relation to the why I wanted a statuto'Y st.,tus for the jurisdiction of a particular law. In any area Minorities Commis~ion. I am glad that you where the law applies which community or are bringing it about. I am sorry, so far, our group happens to be numerically inferior is a experience of the Miniorities Commission as minority? It does not need more elaborate it existed has not been very happy. I will not definition. But I am very much in favour of dilate on It. I only recall a line from a very this that you are making today must apply to famous poet of Patna: the entire country. It must apply to the State of Jammu and Kashmir. And you must "Tammannaon mein UlfhayaGayua define the minorities because in India where Hen Khilone De Ke Bahlaya Gaya we have a two tier system of Government in Hen." 201 National Commission VAISAKHA21, 1914 (SAKA) for Minorities Bill 202

It was like a toy in our hands. it had no discussion in the national spirit on the floor of life, it had no spirit; it was not reallyfunctioninig; this august House. Therefore, Jhope.at least it was not even a mechanical toy; it was a that will become a routine. It had become a rigid and friged toy which could not laugh; dead letter office and at best it had become which could not cry and which could not a post office. J hope you shall put some life weep. Therefore, today you are instilling life into it. into it. It was created in 1978. I will take this opportunity to remind my friends from the I would like to take this opportunity to BJP that they were a party to its creation. remind the hon. Minister that this Bill is not They should never forget that. enough and this Bill has a number of lacunae. It can be improved. Of course, there can be ( Interruptions) no last word in human wisdom. We have submitted some amendments. I hope the MR. CHAIRMAN: Please address the hon. Minister in his wisdom will accept some Chair. of those amendments. These amendments are not meant in any way to detract from his SHRI SYEDSHAHABUDDIN: You must achievement or even to cast aspersion or not forget that only it could not be given a raise doubt upon his intention. No, not at all. statutory status at that time, and until 1992 These amendments are only meant merely it has completed 13 years of its life. to help him create a national institution which, as I said, is no longer a dead letter office and Twerve reports have been submitted. I does not merely function as a post office. At believe that nine of the reports have been the same time, I would like to remind him that placed on the Table of the House by the hon. the very famous report of the High Power Ministers concerned over a period of time. I Panel, headed by Dr. Gopal Singh, remains am very sorry to inform you that none of unimplemented. Whatever view might have these reports have ever been discussed In been taken by the. past Governments, this House. Whether it was our Government howsoever it might have been delayed by ortheirGovernment, the minorities question, the past administration, I have every hope the report of the Minorities Commission, the that Shri Sitaram Kesri will dust it up look it recommendations of the Minorities up; will read it again and will study it and will Commission were never discussed on the see to it that at least those of the floor of the House. I hope that with the recommendations of the Gopal Singh panel passage of this Bill, we shall certainly ensure which can be implemented, shall be that there is at least an annual debate on the implemented, while he is the Minister for the state of the minorities in our country. Welfare of the minorities.

Let me caution you, the minorities Secondly, he has also promised us to sometimes, all over the world, tend to recast the 15-Point Programme. I do not exaggerate their woes; their troubles; their have to dilate on it. He fully agrees with me sufferings and their grievances. There has that the very programme itse" needs to be to be a balance and that balance can only be recast. It has not been implemented because reached between the claims which are in many ways it is not implementabie. legitimate and the acts of omission and' Therefore, I hope that he will initiate commission on the part of the Government discussions on the subject with all the parties which deprived them in actual practice with concerned, with all the legislators concerned the enjoyment of thoseolights, the balance and see to it that it is recast and that It can only be reached if there is a free and air becomes an effective instrument for the 203 National Commission MAY 11,1992 for Minorities Bill 204

ISh. Syed Shahabuddin) us of the practice that was prevalent in princely States. For example in those days welfare of the religious minorities of this a prince at the age of 20-25 years was country. enthroned. He used to forget to think about his fa'mily while enjoying power. After 20-25 Finally, he has promised us a years, his attention was drawn as to who Corporation for the financing the would be heirto his wealth and property. At development of the minorities. He has created the age of 40-45 years, he was married with one, for the OBC's. He held a national the hope of having a son, who wou Id become seminar on the subject and that national the heirto his wealth and property. I feel that seminar went threadbare into the whole the above Bill has also been brought forward subject. Shri Jaffer Sharief was there; and with this intention. The Bill has been brought also other many Members of the Congress forward at a time when the Congress Party Party were there. A National Steering has realised that its Muslim vote bank was Committee has been formed. I hope that the going out of its hands. Steering Committee has submitted its report to him. I hope that the hon. Minister shall Mr. Chairman, Sir, no matter it is better take immediate action to bring into being this late than never. But it should have been Minorities Finances Development brought forward in a proper shape. As all of Corporation. you are listening all the Muslim leaders said that full powers were not being given to this My tinal word is that there are only two Commission. Muslims are not the only basic defects in the Bill. Do not take away minorities. There are christians and sikh anything that was given to us by the also. In the past, the Central Government Resolution of 1978. I know it is not your used to formutate the policy and States were intention. But do not dilute it. Secondly, I directed 10 implement it. But, today, this type certainly do not accept that the Scheduled of Bill has already been brought forward in Castes and Scheduled TribeS Commission Bihar and the Commission has been should have more powers and privileges and constituted there. The Bihar Government more authority than this Commission. It is has shown the path to the Central immaterial whether it has the constitutional Government to win the confidence of status or not. At least under the law it must minorities and to assure them that they have have an equal authority and equal scope of equal rights in India. In the Minority operation so that it can function effectively Commission Bill of Bihar, it has been provided and so that we do not have to recite next year Ihal if the Chairman is Muslim then of the two the line from Zafar Vice Chairman - one would be belonging to Christian community and the other to Sikh I hope, Mr. Minister, you shall not keep Community. Similar provision should have us waiting any longer. been made in this bill. There should have been one Chairmen and two Vice Chairman "Daure Hayat Mang Kak Laye the so that every community could have got Char Din Do Arju mein Kat Gaye, equal representation. Many Members have Do Intzar Mein" discussed this point and put question mark I Translation] on the unity and integrity of India. Today, we are blaming Muslims. Such discussion had SHRI SURAJ MANDAL (Godda): Mr. not taken place, if we had not been divided Speaker, Sir, the Minorities Commission Bill into India and Pakistan. Power hungry people which has been brought forward here reminds created two separate nations India and 205 National Commission VAISAKHA21, 1914 (SAKA) for Minorities Bill 206

Pakistan so that two persons could become and Adivasis are being converted as Prime Ministers of two separate nations. Christians, because the people are raising That is how India and Pakistan came into the bogey of Hinduism. being. There would have been no harm, if a Muslim would have been made Prime Minister Therefore, I would like to say that the of this country. At least, division of India Adivasi does not fight for the sake of power. would not have taken place. But the India He struggles for his survival. Today the was divided only for the sake of power. Muslims and Adivsis should get equal rights. Toda~, again the same thing is happening. Only then, the unity and integrity of the The power hungry people in the country are country can be maintained. raising issues in the name of relig:on and are trying to divide the people to capture power. When a demand was made to implement the Mandai Commission, a Rath Yatra was Mr. Chairman, Sir, I would m~e to say • au Inched to die down this issue. The former that such type of talks are held just to create Prime Minister had assured that 10 per cent tension in the minds of minorities living in reservation could be given to the people India, Today, a slogan is raised in India that belonging to high castes and Muslims should if Muslims worship Ram, they would be also be given reservation. But nobody had allowed to live in India. Such type of things paid any attention to it, at that time. Today, are talked about. the party in power is also talking about giving 10 per cent reservation to the people The speakers who spoke before me belonging to high cast. In Gulmohar Park, in have said that 90 per cent of the Muslims are Delhi, a fire brokes out all of a sudden the converted ones. After partition of India, the entire media of the country whent there to Hindus got themselves converted into cover it. But where this fire has not broken Mulims. What was the reason behind it? out? A Commission is constituted. But it Why the atrocities were perpetrated on them? reports should not be kept in could storage. Have the people of this country ever ponderd Kaka Kalekar Commission was set up. If the olter it? Mr. Nasiruddin Haider Saheb was recommendoations of that Commission Minister of Education in Bihar. He belonged would have been implemented, there would to the family of Burkel Singh. He was a have been no need of Mandai Commission. converted Muslim. Why? Because he had You want power. The Janta Dal, I mean r-~'lI ~attm chicken in a Muslim house. That National Front Government had tried to .:> why he was converted or treated as a implement the recommendations of Mandai Muslim by Hindus. The sections of the Commission ... (Interruptions) The population society which weakned the Hindu religion for of Adivasis is 3 crore in the country. There the sake of their selfish motives and created are 11 per cent Adivasis who neither go to differences in the Hindu religion, today the temple norfollow Hindu religion. Therecould same people have become well wisher of be problem for the followers of Baba Hindu religion. Today, Adivasis and Harijans Ambedkarwho don't follow Sanatan Dharam have embraced Islam and Christianity. Why and for Adivasis who don't follow Hindu have they done so? Were they converted religion. They worShip under C3achh .... because of their own deeds? They were (Inte"uptions) H Hindu nation comes into converted because of the attitude adopted being, what would be their fate. This fight is by Mr. Tej Narain Singh or Shahabuddin? not for the sake of religion. In the name of They got confronted due to the attitude of religion a fight to capture power is being those people who were in power. Today also fought. They wantto grab power in the name Harijans are being converted as Muslims of religion. Though belated, a bill has been 207 National Commission MAY 11, 1992 for Minorities Bill 208

[Sh. Suraj Mandai] 120 It can also come down. I conclude with these words. broughtforward to set up a Commission. We have suggested to provide for two Vice [English] Chairmen and make appointment on these posts turn by turn. Hindu religion is not the 20.00 hrs. monopoly of anyone man. We are also Hindus. The other people belonging to SHRI N. DENNIS (Nagercoil): Mr. Harijan, Adivasis and Minority Community, Chairman, Sir, while supporting the Bill to have equal rights in the country. Because constitute a National Commission for their fore fathers had equally contributed in Minorities, I would like to say a few things. the struggle for freedom of the country. They are having a feeling of insecuirty because SOME HON. MEMBERS: Sir, we can theythinkthattheyare looked upon with hate continue tomorrow. and suspicion. We, all of us should work together to remove these things. A feeling MR. CHAIRMAN: Mr. Dennis, you car) has been created in the minds of Muslims continue tomorrow. that they should first of all, take care of their mosque. There is an apprehension in their The House stands adjourned to m minds. They are asked to protect their against tomorrow at 11.00 a.m. mosque and religion before dOing anthing else. In this country, all religions sho:.Jld be 20.02 hrs. respected equally. Now-a-days, political parties want to capture power in the name of The Lo/( Sabha then Adjourned til religion. The people of the country would Eleven of the Clock on Tuesday, Ma} give them a befitting reply very soon and if 1992/Vaisal

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