Report of the National Commission for Religious and Linguistic Minorities Report of The

National Commission for Religious and Linguistic Minorities Report of the National Commission for Religious and Linguistic Minorities Report of the Ministry of Minority Affairs Report of the National Commission for Religious and Linguistic Minorities Ministry of Minority Affairs Designed and Layout by New Concept Information Systems Pvt. Ltd., Tel.: 26972743 Printing by Alaknanda Advertising Pvt. Ltd., Tel.: 9810134115 CONTENTS Chapter I Introduction 1 Chapter II Constitutional and Legislative Provisions Regarding the Minorities 3 Chapter III Religious Minorities and their Status 12 Chapter IV Linguistic Minorities and their Status 31 Chapter V Status of Women among Minorities 41 Chapter VI Criteria for Identifying backward Sections among Religious Minorities 56 Chapter VII Measures for Welfare and Development of Minorities 72 Chapter VIII Reservation as a Welfare Measure 114 Chapter IX Demands for amending Constitution (SC) Order, 1950 139 Chapter X Recommendations and Modalities for their Implementation 144 Note of Dissent by Member - Secretary 156 Note on Dissent Note (written by Member Dr T Mahmood and 169 endorsed by Chairman & other two members) Appendices 1. Texts of the Government Resolutions and Notifications 173 2. List of Workshops sponsored by the Commission 180 3. List of Studies sponsored by the Commission 181 4. Names of the States/UTs visited by the Commission 182 5. Contents of Volume II 183 6. Sex Ratio of Population: 1991 and 2001 and 0-6 years: 2001 184 7. Schedule of Socio-economic Parameters 185 1 Chapter 1 INTRODUCTION The Commission and its Task Rights Commission ……. (Chairman) (b) Professor Dr. Tahir Mahmood: Former On 29th October 2004 the Government of India Chairman, National Commission for resolved to constitute a National Commission Minorities & Ex-Dean, Faculty of Law, Delhi consisting of (i) a Chairman, (ii) three Members University – one of them being an Expert in Constitution (c) Dr. Anil Wilson: Principal, St Stephen’s and Law – and (iii) a Member-Secretary with College, Delhi administrative experience, to be entrusted with (d) Dr. Mohinder Singh: Director, National the following Terms of Reference: Institute of Punjab Studies, Delhi (a) to suggest criteria for identification of socially and economically backward 4. The Commission held its first meeting on sections among religious and linguistic the same date with Dr. Sundeep Khanna, minorities; Additional Secretary in the Union Ministry of (b) to recommend measures for welfare of Social Justice and Empowerment, as its Acting socially and economically backward Secretary. At this meeting the Commission sections among religious and linguistic assumed for itself the abbreviation NCRLM minorities, including reservation in – National Commission for Religious and education and government employment; Linguistic Minorities – and charted out its and future programme of action. (c) to suggest the necessary constitutional, legal and administrative modalities 5. The Commission was allotted an office at required for the implementation of its the Jawaharlal Nehru Stadium in Delhi and recommendations. sanctioned a secretariat of 40 posts in various cadres (later increased to 44), which were The Commission was asked to present a report gradually filled in the coming months. on its deliberations and recommendations, within a period of six months from the date of 6. Mrs. Asha Das, a former Secretary to assumption of charge by the Chairman. Government of India, was later appointed as the Member-Secretary of the Commission 2. The actual composition of the Commission and assumed charge of her office on was notified nearly five months later, in March 10 May, 2005. 2005, by the Union Ministry of Social Justice and Empowerment. 7. After nearly five months of its work the Commission’s Terms of Reference were modified 3. On 21 March 2005 the following took charge so as to add the following to its original Terms of as Chairman and Members of the Commission: Reference: (a) Justice Ranganath Misra: Former Chief Justice To give its recommendations on the issues raised of India & Ex-Chairman, National Human in WPs 180/04 and 94/05 filed in the Supreme Introduction 2 Court and in certain High Courts relating to sector undertakings, financial institutions, para 3 of the Constitution (Scheduled Castes) major banks and select NGOs; Order 1950 in the context of ceiling of 50 (g) visiting the States and Union Territories percent on reservations as also the modalities to interact with members and officers of inclusion in the list of Scheduled Castes. of the local governments and of the local minority community leaders and 8. In view of the extensive work required representatives; to be done by the Commission to answer (h) inviting researchers, subject experts, its various Terms of Reference, original and academics, and representatives and extended, its tenure was periodically extended spokespersons of various minorities, etc – – finally up to 15th May, 2007. individually and in groups – for a discussion of issues relevant the Commission’s work; Procedure Adopted (i) examining the old and recent reports of bodies and panels like Kaka Kelkar 1. As the Commission was authorised by the Commission, Mandal Commission, Government to adopt its own procedure, it Backward Classes Commission, Gopal Singh was decided to gradually follow an action Panel, etc.; programme comprising of the following: (j) sponsoring seminars, symposia and (a) assessments of data available though Census workshops on the issues involved to be Reports, NSSO survey reports and NFHS and organised by outside institutions with a wide other special agencies. participation of subject experts, academics, (b) obtaining people’s views and public opinion researchers and field workers; and on each of its Terms of Reference through a (k) procuring special studies of select topics multi-lingual press notification; relevant to the Commission’s work by (c) collecting necessary information, assigning these to individual experts and through personal meetings and researchers. questionnaires, from the Ministries and Departments of the Union Government 2. Texts of the Government Resolution and and from the Governments of the States and Notifications relating to the Commission and its Union Territories; Terms of Reference are appended to this Volume (d) meeting representatives of and of the Report (Appendix-1.1-1.5). collecting relevant information from the central and state-level governmen- 3. A list of Workshops and Studies sponsored -tal and parastatal commissions, by the Commission, names of the States/ corporations, federations, boards and UTs visited, copy of Press release seeking organisations, etc. especially working views of NGOs and members of public on for the minorities like the central and the Terms of Reference of the Commission state Minorities Commissions, National and the contents of Volume II are Minorities Development and Finance appended to this Volume of the Report Corporation and its state channelising (Appendix-2-5). agencies, Central Wakf Council and state Wakf Boards, etc. 4. Text of major notifications and (e) collecting necessary information questionnaires issued by the Commission in from major outfits, organisations, respect of its work, summary of reports on associations and institutions of each State visits and the findings and of the minority communities; recommendations of studies and workshops (f) having discussions with and collecting sponsored by the Commission are being relevant information from public included in Vol. II of the report. Report of the National Commission for Religious and Linguistic Minorities 3 Chapter 2 CONSTITUTIONAL AND LEGISLATIVE PROVISIONS REGARDING THE MINORITIES Who are the Minorities? 3. As regards religious minorities at the national level in India, all those who profess 1. The Constitution of India uses the word a religion other than Hindu are considered ‘minority’ or its plural form in some Articles – 29 minorities since over 80 percent population to 30 and 350A to 350 B – but does not define it of the country professes Hindu religion. At anywhere. Article 29 has the word “minorities” the national level, Muslims are the largest in its marginal heading but speaks of “any minority. Other minorities are much smaller sections of citizens…. having a distinct in size. Next to the Muslims are the Christians language, script or culture.” This may be (2.34 percent) and Sikhs (1.9 percent); a whole community generally seen as while all the other religious groups are still a minority or a group within a majority smaller. As regards linguistic minorities, community. Article30 speaks specifically there is no majority at the national level of two categories of minorities – religious and the minority status is to be essentially and linguistic. The remaining two Articles decided at the State/Union Territory level. – 350A and 350B relate to linguistic At the State/Union Territory level – which minorities only. is quite important in a federal structure like ours – the Muslims are the majority in the 2. In common parlance, the expression State of Jammu and Kashmir and the Union “minority” means a group comprising less Territory of Lakshadweep. In the States than half of the population and differing of Meghalaya, Mizoram and Nagaland, from others, especially the predominant Christians constitute the majority. Sikhs are section, in race, religion, traditions and the majority community in the State of culture, language, etc. The Oxford Dictionary Punjab. No other religious community defines ‘Minority’ as

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