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  • 1. Report of the National Commission forReligious and Linguistic Minorities Ministry of Minority Affairs
  • 2. Report of the National Commission forReligious and Linguistic Minorities Ministry of Minority Affairs
  • 3. Designed and Layout byNew Concept Information Systems Pvt. Ltd., Tel.: 26972743Printing byAlaknanda Advertising Pvt. Ltd., Tel.: 9810134115
  • 4. CONTENTSChapter I Introduction 1Chapter II Constitutional and Legislative Provisions Regarding the Minorities 3Chapter III Religious Minorities and their Status 12Chapter IV Linguistic Minorities and their Status 31Chapter V Status of Women among Minorities 41Chapter VI Criteria for Identifying backward Sections among Religious Minorities 56Chapter VII Measures for Welfare and Development of Minorities 72Chapter VIII Reservation as a Welfare Measure 114Chapter IX Demands for amending Constitution (SC) Order, 1950 139Chapter X Recommendations and Modalities for their Implementation 144Note of Dissent by Member - Secretary 156Note on Dissent Note (written by Member Dr T Mahmood and 169endorsed by Chairman & other two members)Appendices1. Texts of the Government Resolutions and Notifications 1732. List of Workshops sponsored by the Commission 1803. List of Studies sponsored by the Commission 1814. Names of the States/UTs visited by the Commission 1825. Contents of Volume II 1836. Sex Ratio of Population: 1991 and 2001 and 0-6 years: 2001 1847. Schedule of Socio-economic Parameters 185
  • 5. 1 Chapter 1INTRODUCTIONThe Commission and its Task Rights Commission ……. (Chairman) (b) Professor Dr. Tahir Mahmood: FormerOn 29th October 2004 the Government of India Chairman, National Commission forresolved to constitute a National Commission Minorities & Ex-Dean, Faculty of Law, Delhiconsisting of (i) a Chairman, (ii) three Members University– one of them being an Expert in Constitution (c) Dr. Anil Wilson: Principal, St Stephen’sand Law – and (iii) a Member-Secretary with College, Delhiadministrative experience, to be entrusted with (d) Dr. Mohinder Singh: Director, Nationalthe 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 wereThe 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 toassumption of charge by the Chairman. Government of India, was later appointed as the Member-Secretary of the Commission2. The actual composition of the Commission and assumed charge of her office onwas notified nearly five months later, in March 10 May, 2005.2005, by the Union Ministry of Social Justiceand Empowerment. 7. After nearly five months of its work the Commission’s Terms of Reference were modified3. On 21 March 2005 the following took charge so as to add the following to its original Terms ofas 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
  • 6. 2Court 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 Territoriespercent on reservations as also the modalities to interact with members and officersof inclusion in the list of Scheduled Castes. of the local governments and of the local minority community leaders and8. 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 andextended, 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 Kelkar1. As the Commission was authorised by the Commission, Mandal Commission,Government to adopt its own procedure, it Backward Classes Commission, Gopal Singhwas 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
  • 7. 3 Chapter 2CONSTITUTIONAL AND LEGISLATIVE PROVISIONSREGARDING THE MINORITIESWho are the Minorities? 3. As regards religious minorities at the national level in India, all those who profess1. 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 populationto 30 and 350A to 350 B – but does not define it of the country professes Hindu religion. Atanywhere. Article 29 has the word “minorities” the national level, Muslims are the largestin its marginal heading but speaks of “any minority. Other minorities are much smallersections of citizens…. having a distinct in size. Next to the Muslims are the Christianslanguage, 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 stilla minority or a group within a majority smaller. As regards linguistic minorities,community. Article30 speaks specifically there is no majority at the national levelof two categories of minorities – religious and the minority status is to be essentiallyand linguistic. The remaining two Articles decided at the State/Union Territory level.– 350A and 350B relate to linguistic At the State/Union Territory level – whichminorities only. is quite important in a federal structure like ours – the Muslims are the majority in the2. In common parlance, the expression State of Jammu and Kashmir and the Union“minority” means a group comprising less Territory of Lakshadweep. In the Statesthan half of the population and differing of Meghalaya, Mizoram and Nagaland,from others, especially the predominant Christians constitute the majority. Sikhs aresection, in race, religion, traditions and the majority community in the State ofculture, language, etc. The Oxford Dictionary Punjab. No other religious communitydefines ‘Minority’ as a smaller number or among the minorities is a majority in anypart; a number or part representing less other State/UT.than half of the whole; a relatively smallgroup of people, differing from others in 4. The National Commission for Minoritiesrace, religion, language or political Act, 1992 says that “Minority for the purposepersuasion”. A special Sub-Committee on of the Act, means a community notified asthe Protection of Minority Rights appointed such by the Central Government”- Sectionby the United Nations Human Rights 2(7). Acting under this provision on 23-10-Commission in 1946 defined the ‘minority’ as 1993, the Central Government notified thethose “non-dominant groups in a population Muslim, Christian, Sikh, Buddhist and Parsiwhich possess a wish to preserve stable (Zoroastrian) communities to be regarded asethnic, religious and linguistic traditions or “minorities” for the purpose of this Act.characteristics markedly different from thoseof the rest of population.” 5. The Supreme Court in TMA Pai Foundation & Ors vrs State of Karnataka and Ors (2002) Constitutional and Legislative Provisions Regarding the Minorities
  • 8. 4has held that for the purpose of Article 30 a in dignity and rights” and prohibit all kindsminority, whether linguistic or religious, is of discrimination – racial, religious etc. Thedeterminable with reference to a State and not UN Declaration against all Forms of Religiousby taking into consideration the population Discrimination and Intolerance 1981 outlawsof the country as a whole. Incidentally, all kinds of religion-based discrimination. The‘Scheduled Castes’ and ‘Scheduled Tribes’ are UN Declaration on the Rights of Minorities 1992also to be identified at the State/UT level. In enjoins the States to protect the existence andterms of Article 341 to 342 of the Constitution, identity of minorities within their respectivecastes, races or tribes or parts of or groups territories and encourage conditions forwithin castes, races or tribes are to be notified promotion of that identity; ensure that personsas Scheduled Castes or Scheduled Tribes in belonging to minorities fully and effectivelyrelation to the State or Union Territory, as the exercise human rights and fundamentalcase may be. freedoms with full equality and without any discrimination; create favourable conditions6. The State Minorities Commission Acts to enable minorities to express theirusually empower the local governments to characteristics and develop their culture,notify the minorities e.g. Bihar Minorities language, religion, traditions and customs;Commission Act, 1991, Section 2(c); Karnataka plan and implement national policy andMinorities Commission Act 1994, Section programmes with due regard to the legitimate2(d); UP Minorities Commission Act interests of minorities; etc.1994, Section 2(d); West Bengal MinoritiesCommission Act 1996, Section 2(c); A.P. 8. In India, Articles 15 and 16 of theMinorities Commission Act 1998, Section 2(d). Constitution prohibit the State from makingSimilar Acts of M.P. (1996) and Delhi (1999), any discrimination on the grounds only ofhowever, say that Government’s Notification religion, race, caste, sex, descent place of birth,issued under the NCM Act, 1992 will apply in residence or any of them either generally i.e.this regard – M.P. Act 1996, Section 2(c); Delhi every kind of State action in relation to citizensAct 1999, Section 2(g); Section 2(d). In several (Article 15) or in matters relating to employmentStates (e.g. Himachal Pradesh, Jharkhand, or appointment to any office under the StateMadhya Pradesh, Maharashtra, U.P. and (Article 16). However, the provisions of theseUttarakhand), Jains have been recognised as two Articles do take adequate cognizance ofa minority. The Jain community approached the fact that there had been a wide disparity inthe Supreme Court seeking a direction to the the social and educational status of differentCentral Government for a similar recognition sections of a largely caste-based, tradition-at the national level and their demand was bound society with large scale poverty andsupported by the National Commission for illiteracy. Obviously, an absolute equality amongMinorities. But the Supreme Court did not all sections of the people regardless of specificissue the desired direction, leaving it to the handicaps would have resulted in perpetuationCentral Government to decide the issue (Bal of those handicaps. There can be equality onlyPatil’s case, 2005). In a later ruling, however, among equals. Equality means relative equalityanother Bench of the Supreme Court upheld and not absolute equality. Therefore, thethe UP Law recognising Jains as a minority Constitution permits positive discrimination(Bal Vidya’s case, 2006). in favour of the weak, the disadvantaged and the backward. It admits discrimination withRights of Minorities reasons but prohibits discrimination without reason. Discrimination with reasons entails7. The Universal Declaration of Human Rights rational classification having nexus with1948 and its two International Covenants of constitutionally permissible objects. Article1966 declare that “all human beings are equal 15 permits the State to make “any special Report of the National Commission for Religious and Linguistic Minorities
  • 9. 5provisions” for women, children, “any socially in the list of backward classes and haveand educationally backward class of citizens” provided for reservation for them. Theand Scheduled Castes and Scheduled Tribes. Supreme Court in Indira Sawhney & Ors.Article 15 has recently been amended by the Vs. Union of India, has held that an entireConstitution (Ninety-third Amendment) Act, community can be treated as a ‘class’ based2005 to empower the State to make special on its social and educational backwardness.provisions, by law, for admission of socially The Court noted that the Government ofand educationally backward classes of citizens Karnataka based on an extensive surveyor Scheduled Castes/Tribes to educational conducted by them, had identified the entireinstitutions including private educational Muslim community inhabiting that Stateinstitutions, whether aided or unaided by as a backward class and have provided forthe State, other than minority educational reservations for them. The expression ‘backwardinstitutions. Article 16, too, has an enabling classes’ is religion-neutral and not linkedprovision that permits the State for making with caste and may well include any caste orprovisions for the reservation in appointments religious community which as a class sufferedof posts in favour of “any backward class of from social and educational backwardness.citizens which, in the opinion of the State, isnot adequately represented in the services 10. Though economic backwardness is oneunder the State”. Notably, while Article 15 of the most important – or, perhaps, thespeaks of “any socially and educationally single most important – reasons responsiblebackward class of citizens” and the Scheduled for social and educational backwardnessCastes and Scheduled Tribes without qualifying alone of a class, the Constitution does notbackwardness with social and educational specifically refer to it in Articles 15 and 16. Inattributes and without a special reference to Indira Sawheny case, the Supreme Court hadScheduled Castes/Scheduled Tribes, Article16 observed–speaks of “any backward class of citizens”. “It is, therefore, clear that economic criterion by itself will not identify the9. The words ‘class’ and ‘caste’ are not backward classes under Article 16(4). Thesynonymous expressions and do not carry economic backwardness of the backwardthe same meaning. While Articles 15 and 16 classes under Article 16(4) has to be onempower the State to make special provisions account of their social and educational for backward “classes”, they prohibit backwardness. Hence, no reservation ofdiscrimination only on the ground of posts in services under the State, based‘caste’ or ‘religion’. In other words, positive exclusively on economic criterion, woulddiscrimination on the ground of caste or be valid under clause(1) of Article 16 of thereligion coupled with other grounds such Constitution.”as social and educational backwardness isconstitutionally permissible and, therefore, 11. It is, however, notable that in theunder a given circumstance it may be possible chapter of the Constitution relating toto treat a caste or religious group as a “class”. Directive Principles of State Policy, ArticleTherefore even though Article 15 does 46 mandates the State to “promote withnot mention minorities in specific terms, special care the educational and economicminorities who are socially and educationally interests of the weaker sections of thebackward are clearly within the ambit of people…… and shall protect them fromthe term “ any socially and educationally social injustice and all forms of exploitation.backward classes” in Article 15 and ‘any This Article refers to Scheduled Castes/backward class’ in Article 16. Indeed, the Scheduled Tribes “in particular” but doesCentral Government and State Governments not restrict to them the scope of “weakerhave included sections of religious minorities sections of the society”. Constitutional and Legislative Provisions Regarding the Minorities
  • 10. 612. Article 340 of the Constitution empowered 15. Unlike article 30, the text of article 29 doesthe President to appoint a Commission “to not specifically refer to minorities, though itinvestigate the conditions of socially and is quite obvious that the article is intended toeducationally backward classes” but did not protect and preserve the cultural and linguisticmake it mandatory. identity of the minorities. However, its scope is not necessarily confined to minorities.Other Constitutional Safeguards The protection of article 29 is available to13. The other measures of protection and “any section of the citizens residing in thesafeguard provided by the Constitution in territory of India” and this may as well includePart III or elsewhere having a bearing on the majority. However, India is a colourfulthe status and rights of minorities are: conglomeration of numerous races, religions,(i) Freedom of conscience and free profession, sects, languages, scripts, culture and traditions. practice and propagation of religion The minorities, whether based on religion or (article 25) language, are quite understandably keen on(ii) Freedom to manage religious affairs preserving and propagating their religious, (article 26) cultural and linguistic identity and heritage.(iii) Freedom as to payment of taxes for Article 29 guarantees exactly that. There may promotion of any particular religion appear to be some overlapping in language (article 27) and expressions employed in article 15(1)(iv) Freedom as to attendance at religious and 29(2). However, article 15(1) contains a instruction or religious worship in general prohibition on discrimination by the certain educational institutions (article State against any citizen on grounds only of 28) religion, race, caste, sex, place of birth or any of(v) Special provision relating to language them; whereas article 29(2) affords protection spoken by a section of the population of a against a particular species of State action, State (article 347) viz, admission into educational institution(vi) Language to be used in representations maintained by the State or receiving aid out of for redress of grievances (article 350) State funds.(vii) Facilities for instruction in mother tongue at primary stage (article 350A) Article 30(viii) Special Officer for linguistic minorities 16. Article 30 is a minority-specific provision (article 350 B) that protects the right of minorities to establish and administer educationalArticle 29 institutions. It provides that “all minorities,14. Article 29 and 30 deal with cultural and whether based on religion or language, shalleducational rights of minorities. Article 29 have the right to establish and administerprovides that: educational institutions of their choice”.(1) any section of the citizens residing in the Clause (1-A) of the article 30, which was territory of India or any part thereof having inserted by the Constitution (Forty-fourth a distinct language, script or culture of its Amendment) Act, 1978 provides that “in own shall have the right to conserve the making any law providing for the compulsory same, and acquisition of any property of an educational(2) no citizen shall be denied admission institution established and administered into any educational institution by a minority, referred to in clause (1), the maintained by the State or receiving aid State shall ensure that the amount fixed out of State funds on grounds only of by or determined under such law for the religion, race, caste, language or any of acquisition of such property is such as them. would not restrict or abrogate the right Report of the National Commission for Religious and Linguistic Minorities
  • 11. 7guaranteed under that clause”. Article 30 intention of instilling confidence amongfurther provides that “the State shall not, in minorities against any legislative or executivegranting aid to educational institutions, encroachment on their right to establish anddiscriminate against any educational administer educational institutions. In theinstitution on the ground that it is under absence of such an explicit provision, it mightthe management of a minority, whether have been possible for the State to control orbased on religion and language”. regulate educational institutions, established by religious or linguistic minorities, by law17. It would be worthwhile to note that enacted under clause(6) of article 19.minority educational institutions referred toin clause(1) of article 30 have been kept out of Legal Framework for Protection ofthe purview of article 15(4) of the Constitution Religious Minoritieswhich empowers the State to make provisions 20. Legislations such as the Protection ofby law for the advancement of any socially and Civil Rights Act, 1955 [formerly known aseducationally backward classes of citizens Untouchability (Offences) Act, 1955] and theor SCs/STs in regard to their admission to Scheduled Castes and the Scheduled Tribeseducational institutions (including private (Prevention of Atrocities) Act, 1989 have beeneducational institutions), whether aided or enacted by the Central Government to protectunaided. persons belonging to Scheduled Castes and Scheduled Tribes from untouchability,18. Articles 29 and 30 have been grouped discrimination, humiliation, etc. No legislationtogether under a common head namely, of similar nature exists for minorities though“Cultural and Educational Rights”. Together, it may be argued that, unlike the latter Act.they confer four distinct rights on minorities. viz, the Scheduled Castes and the ScheduledThese include the right of: Tribes (Prevention of Atrocities) Act 1989, the(a) any section of citizens to conserve its own former Act, viz, the Protection of Civil Rights language, script or culture; Act, 1955 is applicable across the board to(b) all religious and linguistic minorities to all cases of untouchability related offences establish and administer educational regardless of religion. Therefore, if a Scheduled institutions of their choice; Caste convert to Islam or Christianity (or any(c) an educational institution against other person) is subjected to untouchability, discrimination by State in the matter of the perpetrators of the offences may be State aid (on the ground that it is under proceeded against under the provisions of the management of religious or linguistic the Act. However, no precise information is minority); and available in regard to the Act being invoked(d) the citizen against denial of admission to protect a person of minority community. to any State-maintained or State-aided The law enforcing agencies appear to educational institution. be harbouring a misconception that the Protection of Civil Rights Act, 1955 has been19. Article 29, especially clause (1) thereof, enacted to protect only Scheduled Castesis more generally worded, whereas article against enforcement of untouchability related30 is focused on the right of minorities to offences. There is, thus, a case for sensitising(i) establish and (ii) administer educational the law enforcement authorities/agencies ininstitutions. Notwithstanding the fact that this regard. Having said that, one cannot resistthe right of the minority to establish and the impression that the Protection of Civiladminister educational institutions would Rights Act, 1955 has failed to make much ofbe protected by article 19(1)(g), the framers an impact due to its tardy implementationof the Constitution incorporated article notwithstanding the fact that the offences30 in the Constitution with the obvious under this Act are cognizable and triable Constitutional and Legislative Provisions Regarding the Minorities
  • 12. 8summarily. The annual report on the for the protection of the interests ofProtection of Civil Rights Act for the year minorities by the Central Government or2003 (latest available) laid on the Table of the State Governments;each House of Parliament u/s 15A(4) of the (d) looking into specific complaints regardingAct reveals that only 12 States and UTs had deprivation of rights and safeguards of theregistered cases under the Act during that minorities and take up such matters withyear. Out of 651 cases so registered, 76.04 the appropriate authorities;percent (495) cases were registered in (e) causing studies to be undertaken intoAndhra Pradesh alone. The number of cases problems arising out of any discriminationregistered in nine States/UTs varied from against minorities and recommend1 to 17. Only in three States, the number of measures for their removal;cases registered exceeded 20. The report (f ) conducting studies, research and analysisalso reveals that out of 2348 cases (out of on the issues relating to socio-economic8137 cases including brought/forward cases) and educational development ofdisposed off by Courts during the year, a minorities;measly 13 cases constituting 0.55 percent (g) suggesting appropriate measures inended in conviction. This appears to be a sad respect of any minority to be undertakencommentary on the state of affairs in regard by the Central Government or the Stateto investigation and prosecution. To say Government; andthat the practice of untouchability does not (h) making periodical or special reports toexist in 23 remaining States/UTs would be the Central Government on any matterbelying the truth that is known to the world. pertaining to minorities and in particularIt only denotes pathetic inaction on the part difficulties confronted by them.of law enforcing agencies. The provisions ofthe Protection of Civil Rights Act need to be 22. A Constitution Amendment Bill, viz.enforced vigorously with a view to ensuring the Constitution (One Hundred andthat the law serves the purpose it has been Third Amendment) Bill, 2004 has beenenacted for. introduced so as to add a new article, viz. Article 340A to constitute a National Commission21. With a view to evaluating progress and for Minorities with a constitutional status.development of minorities, monitoring the A Bill to repeal the National Commissionworking of safeguards provided to them for Minorities Act, 1992 has simultaneouslyunder the Constitution and laws, etc. the been introduced.Central Government had constituted anon-statutory Minorities Commission in 23. In terms of Section 13 of the Act, the Central1978. In 1992, the National Commission Government shall cause the annual reportfor Minorities was enacted to provide for together with a memorandum of action takenconstitution of a statutory Commission. The on the recommendations contained therein,National Commission for Minorities was set in so far as they relate to Central Government,up under the Act in 1993. The functions of the and the reasons for non-acceptance, if any, ofCommission include: any recommendation……as soon as may be(a) evaluating the progress of the development after the reports are received to be laid before of minorities under the Union and States; each House of Parliament.(b) monitoring the working of the safeguards provided in the Constitution and in laws 24. In the absence of a definite time frame for enacted by Parliament and the State laying the annual report of the Commission, Legislatures; there has been considerable delay in tabling(c) making recommendations for the the annual reports of the Commission in the effective implementation of safeguards Parliament. The National Commission on Report of the National Commission for Religious and Linguistic Minorities
  • 13. 9Minorities has submitted twelve (12) annual Scheduled Castes. The successive Committeesreports for the years 1992-93 to 2004-05. have been doing yeoman’s work towardsThe annual reports for the years 1996-97, safeguarding the interests of Scheduled Castes.1997-98, 1999-2000, and 2003-04 have been Such a mechanism (of monitoring effectivetabled in the Parliament only recently, some implementation of the constitutional andas recently as in the winter session 2006 of the legal provisions safeguarding the interestParliament. Therefore, there appear to be a of minorities and, also, implementation ofcase for amendment of the Act so as to general or specific schemes for the benefit ofprovide for a reasonable time frame for the minorities by Government and its agencies/recommendations to be laid, along with instrumentalities) is expected to be an effectivememorandum of action taken before the step for ensuring the welfare of religiousParliament/State Legislature. It may be minorities.advisable to incorporate a suitable provisionin the Constitution Amendment Bill 27. The National Commission for Minoritylaying down definite time frame for laying Educational Institutions Act, 2004 was enactedthe annual reports of the Commission on the to constitute a Commission charged withtables of both Houses of Parliament along the responsibilities of advising the Centralwith action taken notes. Government or any State Government on any matter relating to education of minorities25. According to the provisions of Clause(9) that may be referred to it, looking intoof article 338 and 338A, the Union and every specific complaints regarding deprivation orState Government shall consult the National violation of rights of minorities to establishCommission for Scheduled castes and the and administer educational institutions ofNational Commission for Scheduled Tribes their choice, deciding on any dispute relatingon all major policy matters affecting the to affiliation to a scheduled UniversityScheduled Castes and the Scheduled Tribes, and reporting its findings to the Centralrespectively. Such a consultation is mandatory Government for implementation. The Act wasand can be construed to be an important extensively amended in 2006 (Act 18 of 2006),constitutional safeguard for Scheduled Castes interalia, empowering the Commission toand ScheduledTribes. A corresponding provision enquire suo moto or on a petition presenteddoes not exist in the National Commission for to it by any minority educational institutionMinorities Act, 1992. In the absence of such a (or any persons on its behalf ) into complaintsprovision the Government of the day may or regarding deprivation or violation of rightsmay not consult the National Commission of minorities to establish and administer anfor Minorities on major policy matters educational institution of its choice and anyimpacting minorities, depending on dispute relating to affiliation to a Universityexigencies. Therefore, the National and report its finding to the appropriateCommission for Minorities Act, 1992 needs Government for its implementation. Theto be suitably amended with a view to Act also provides that if any dispute arisesincorporating in it a provision analogous between a minority educational institutionto the provision in article 338(9) and and a University relating to its affiliation to338A(9). This may instill a sense of confidence such University, the decision of theamongst minorities about protection of their Commission thereon shall be final.interests. The Commission discussed the provisions26. While we are on safeguards, it should be of the Act as amended and felt the need tonoted that a very important mechanism of make clear-cut, concrete and positiveensuring the welfare of Scheduled Castes is recommendations for improving andconstitution of a Parliamentary Committee on streamlining the provision of the Act. Constitutional and Legislative Provisions Regarding the Minorities
  • 14. 10 30. Article 350-A of the Constitution containsLinguistic Minorities a specific measure of protection of linguistic minorities. It provides that “it shall be the28. As already mentioned, the term linguistic endeavour of every State and every localminority or minorities has not been defined. authority within the State to provide adequateIf the country is taken as a unit, all who speak facilities for instruction in the mother-tonguea language other than Hindi can be treated at the primary stage of education to childrenas linguistic minorities but not so if the State belonging to linguistic minority groups; andis taken as the unit. Within a State, there may the President may issue such direction tobe minorities who speak a language or any State as he considers necessary or properlanguages other than the language spoken for securing the provision of such facility”.by the majority in that State. Dialects of a Article 350-A, thus, is an amplification of thelanguage spoken in a State may proliferate cultural and educational rights guaranteedthe number of minorities. However, as under article 29(1) and article 30(1). Undermentioned earlier, it has been settled in article 29(1), a linguistic minority has theTMA Pai Vs. Union of India (2002) that a fundamental right to conserve its ownlinguistic minority is determinable with language. Article 350-A directs every statereference to the State as a unit. to provide facilities for education at the primary stage in the language of a linguistic29. Part XVII of the Constitution is devoted minority for the children belonging to such ato ‘official language’. Chapter I of Part XVII, community. Read with article 45, article 350-comprising articles 343 and 344 deal with A provides an important policy direction tothe official language of the Union. Chapter II the State for preservation of the language ofthereof deals with regional languages. Article linguistic minorities. In General Secretary,345 of the Constitution provides that subject Linguistic Minorities Protection Committeeto the provisions of articles 346 and 347 the vrs. State of Karnataka, a Government OrderLegislature of a State may by law adopt any one making Kannada a compulsory subject ofor more of the languages in the State or Hindi study for children belonging to linguisticas language or languages to be used for all or minority groups from the first year of primaryany of official purposes. Article 347 provides education and compelling the primarythat on a demand being made in that behalf, schools established by linguistic minoritiesthe President may, if he is satisfied that a to compulsorily introduce it from the firstsubstantial proportion of the population of a year of primary education was held to beState desire the use of any language spoken violative of article 29(1) and article 30(1) of theby them to be recognised by that State, direct Constitution.that such language shall also be officiallyrecognised throughout that State or any part 31. Article 350-B provides for appointment ofthereof for such purpose as he may specify. a Special Officer for linguistic minorities byArticle 347 can, thus, be treated as a specific the President. It shall be the duty of the Specialmeasure directed towards linguistic minorities Officer to investigate all matters relating to theinhabiting a State facilitating preservation, safeguards provided for linguistic minoritiesand even propagation, of such a language. under the Constitution and report to theRead in conjunction with article 347, article President upon those matters at such intervals350 also affords protection to the language as the President may direct. All such reportsspoken by linguistic minorities. It provides are required to be laid before each house ofthat every person shall be entitled to submit a Parliament, and also sent to the Governmentsrepresentation for the redress of any grievance of States concerned. The provisions of articleto any officer or authority of the Union or a 350-B have to be read in conjunction with theState in any of the languages used in the Union rights conferred on religious minorities underor in the State, as the case may be. Report of the National Commission for Religious and Linguistic Minorities
  • 15. 11Chapter III of the Constitution, more specifically 33. The Commission discussed thearticles 29 and 30. provisions of Article 29 and 30 and felt that a comprehensive law is required to protect and32. The Commission discussed the safeguard the rights of minorities mentionedapplicability of Protection of Civil Rights Act, in these two Articles of the Constitution.1955 to non-Hindus and agreed that all cases The existing guidelines of Ministry ofof untouchability related offences regardless Human Resouce Development and Nationalof religion fall within the purview of the Act. Commission for Minorities need to beIt was felt that the provisions of Prevention updated and incorporated in an elaborateof Atrocities (SC/ST) Act, 1989 need to be law which will be overriding in so far asextended so as to cover OBCs, Minorities or setting up and administration of minoritythe socially and economically backwards educational institutions is concerned. Theto protect them from discrimination and proposed law should ensure due and properatrocities by non-backward sections of implementation of articles 29-30 includingsociety. all their clauses in letter and spirit. Constitutional and Legislative Provisions Regarding the Minorities
  • 16. 12 Chapter 3 RELIGIOUS MINORITIES AND THEIR STATUSIntroduction namely: Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis). However, minorities1. Religion depicts the main socio-cultural are not limited to these five religions andcharacteristics of a person. Different States are free to declare/recognise others. Jainscommunities and people perceive religion have been recognised as one of the religiousdifferently. Some people have an established minorities in nine States.set of beliefs, rituals and traditional practicesand worship one Supreme Being or deity that Socio-economic Characteristics ofmay be their own caste/tribe or village deity. Religious MinoritiesOther people worship a number of Gods andGoddesses while some practice and perceive 5. Indian social structure is characterised byreligion in their own way and belief others unity as well as diversity. It has had numerousprefer to be atheist. India is a unique country groups of immigrants from different parts ofwhere some religions like Hinduism, Buddhism, Asia and Europe. All the great religions of theJainism and Sikhism have originated and other world are represented in this country. Peoplereligions of foreign origin flourished bringing speak different languages. Diversity is seen‘unity in diversity’. in the patterns of rural-urban settlements, community life, forms of land tenure, and2. The word ‘minority religion’ has not been agricultural operations and in the mode ofdefined anywhere in the Constitution but it living. Some eke livelihood out of hills andfinds mention in various Articles in Part III of forests, others out of land and agriculture andthe Constitution. yet a few depend upon marine resources. The fusion of varying religions, the caste system and3. The U.N. Sub-Commission on Prevention peoples occupational structure are the salientof Discrimination and Protection of Minorities features of Indian society. Inter-caste relationshas defined ‘minority’ as one including only at the village level are bound by economic ties,those non-dominant groups in a population be it peasant, the leather worker, carpenter,which possess and wish to preserve stable blacksmith or the servicing communities.ethnic, religious or linguistic traditions orcharacteristics markedly different from those 5.1. The demography of minorityof the population. communities, their rural-urban distribution, sex composition, literacy and educational4. In exercise of the powers conferred by status, marital status and livelihood patternsClause (c) of Section 2 of the National do indicate the lifestyle of the people. PatternCommission for Minorities Act 1992 (19 of of landholdings, sources of income and health1992), the Central Government in 1993 notified status narrate their quality of life. Today, socio-the following communities as “the Minority economic changes are taking place rapidlycommunities” for the purposes of the said Act, in the country affecting the majority as well Report of the National Commission for Religious and Linguistic Minorities
  • 17. 13minority communities, due to diversification of ‘Other’s category may be culledof economic pursuits, urbanisation, out from census data, and peoplewesternisation of education, inter-caste pursing these religions identifiedmarriages etc. The salient features of minority so that suitable policy initiatives are thoughtcommunities in the country are discussed in of for these mini-minority religious sectionssucceeding paragraphs: of our society.Demographic Features of Religious Religious Composition in Rural andMinorities: Population Composition Urban Areas6. According to 2001 census, out of country’s 7. The 1991 and 2001 data indicate that Muslimstotal population of 10286.07 lakhs, the are more urbanised than Hindus and Sikhs. Thereligious minorities are 2010.29 lakhs, which is proportion of Hindus in rural areas declinedapproximately 18 percent. A large proportion of from 84 percent in 1991 to 82.3 percent in 2001them belong to Muslims (13.4 percent), followed and from 76.4 percent in 1991 to 75.9 percentby Christians (2.3 percent), Sikhs (1.9 percent), in 2001 in urban areas. In contrast, the MuslimBuddhists (0.8 percent) and Zoroastrians population increased in both rural and urban(Parsis) (0.0069 percent). Details are given in areas during the decade. Besides Muslims, aTable 3.1. greater proportion of Christians, Buddhists and Jains are urban residents. In fact Jains6.1 Population of those included in “Others” are the most urbanised as compared to anycategory has risen from 14.98 lakhs in 1961 other religious minority group. Religion-wiseCensus to 66.39 lakhs in 2001. Their population distribution of minority population is giveninis significant in Jharkhand (35.14 lakhs), Table 3.2.West Bengal (8.95 lakhs), Maharashtra (4.09lakhs), Madhya Pradesh (4.09 lakhs), Orissa Overall Sex Ratio(3.61 lakhs) and Arunachal Pradesh 7.1. According to the Census 2001, against(3.37 lakhs). Another salient feature is the overall sex ratio of 933 for all religionsthat as against proportion of 0.6 percent put together, the sex ratio among Christians atpopulation in ‘others’ category in the 1,009 females per 1,000 males is the highest. Incountry’s population, their proportion in contrast, it is the lowest among the Sikhs at 893.Arunachal Pradesh is 30.7 percent, which Taking the all-India average, the sex ratio ofis highest among all the States, followed by 931 females per 1000 males is lower among theJharkhand (13 percent). Thus, it is inferred Hindus. The sex ratio among Muslims at 936, isfrom the above that religion-wise break-up slightly above the national average. However, Buddhists (953), Jains (940) and others (992) Table 3.1: Population of Religious have improved sex ratio vis a vis all other Communities 2001 religions. In lakh Percentage S.No Total 10286.07 100 7.2. A comparative analysis of State-wise overall sex ratio according to Census 1991 and 1. Hindus 8275.78 80.5 Census 2001 and Child Sex Ratio (0-6 yrs) 2001 2. Muslims 1381.88 13.4 is given in the Appendix-III A. A glance through 3. Christians 240.80 2.3 the sex ratio for 1991 and 2001 would reveal that 4. Sikhs 192.15 1.9 the over all sex ratio has marginally improved. 5. Buddhists 79.55 0.8 The sex ratio for all religious communities at 6. Jains 42.25 0.4 all India level has gone up from 927 in 1991 to 7. Others 66.39 0.6 933 in 2001. Similar is the situation for Muslims 8. Religion not 7.27 0.1 stated which has increased from 930 to 936, ChristiansSource: Census 2001 from 994 to 1009 and Sikhs from 888 to 893 and Religious Minorities and their Status
  • 18. 14 Table 3.2: Religion–wise Population Distribution on Residence Basis, 1991 and 2001 (in percent) 1991 2001 Total Rural Urban Total Rural Urban All religion 100.0 100.0 100.0 100.0 100.0 100.0 Hindu 82.0 84.0 76.4 80.5 82.3 75.9 Muslim 12.1 10.5 16.7 13.4 12.0 16.9 Christian 2.3 2.2 2.8 2.3 2.1 2.9 Sikh 1.9 2.0 1.8 1.9 1.9 1.8 Buddhist 0.8 0.7 1.0 0.8 0.7 1.1 Jain 0.4 0.2 1.1 0.4 0.1 1.1 Other religions and 0.5 0.4 0.2 0.6 0.8 0.2 persuasions Religion not stated 0.0 0.0 0.0 0.1 0.1 0.1Source: Census 1991 and 2001others from 982 to 992. However, the sex ratio Census is a cause of serious concern. In fact, thefor Hindus has declined from 942 in 1991 to 931 child sex ratio has not been above 1000 in anyin 2001, Buddhists from 963 to 953 and Jains religious community in the States.from 946 to 940. 8.1. The Child Sex Ratio (CSR) 2001 of 927 at7.3. While analyzing the state-wise sex ratio, the all India level has shown a decline whenStates of Andhra Pradesh, Karnataka, Kerala, compared with total sex ratio at 933. TheTamil Nadu, Assam, Manipur have shown an CSR shows a declining trend for all theincreasing trend not only at the respective religious minorities except Muslims (950).State level but at the all India average and The States of Goa, Haryana, Himachalalso for the individual religious minorities. On Pradesh, Maharashtra, Punjab, Assam, Bihar,the other hand the States of Rajasthan, Uttar Meghalaya, Mizoram, Nagaland, Tripura,Pradesh, Arunachal Pradesh, West Bengal, West Bengal have decline sex ratios whenthough lower than all India national average, 1991 and 2001 are concerned. When sex ratioyet have shown an increasing trend for all the is compared with Child Sex Ratio 2001. Thereligious groups. CSR is found to be lowered than the overall sex ratio. The worst position is shown by the7.4. The States of Punjab, Haryana, Arunachal States of Gujarat, Haryana, Himachal Pradesh,Pradesh, Chandigarh, Uttar Pradesh, Nagaland, Maharashtra, Punjab, Rajasthan, UttaranchalDelhi and Andaman & Nicobar Islands have and Uttar Pradesh.not only shown declining results but also givelowest sex ratios. 8.2. The declining sex ratio in the country baring a few States, and the adverse child sexSex Ratio of Population in 0-6 Age Group ratio in 0-6 age group in most of the States calls8. As per Census 2001, as against child sex for an in depth study and specific interventionsratio of 927 for all religions, it was 976 for to stem the downward trend and create an‘Others’ and 964 for Christians followed by 942 environment conducive to girl survival andfor Buddhists and 950 for Muslims. However, growth.child sex ratio was lower among Hindus (925)followed by Jains (870) and lowest among the Population of 60 Years and aboveSikhs (786). The declining child sex ratio in 9. Table 3.3 below gives the religion-wisethe age group of 0-6 years in many states and data of 60 years and above along with theirunion territories as brought to fore by the 2000 percentage: Report of the National Commission for Religious and Linguistic Minorities
  • 19. 159.1. It is seen from the above that 7.45 percent 47 percent Muslims, 39 percent Buddhists,of Indian population belongs to 60 years and 26 percent Jains, 20 percent Christians andabove. Jains have maximum proportion of older 13 percent Sikhs. Similarly, in the case ofpersons (9.94 percent) followed by Sikhs (9.77 females who married below 17 years of age,percent). The proportion of female elderly of the percentage values were 37 percent Hindus,Jains is also maximum (10.69 percent) followed 43.2 percent Muslims, 41.0 percent Buddhists,by Sikhs (10.05 percent). As against this, the approximately 25 percent Jains and 36 percentSikhs have maximum male elderly proportion ‘Others’. The proportion for Christian, and(9.53 percent) followed by Jains (9.23 percent). Sikh Women was 16.4 percent and 17 percentIt has been seen that proportion of Muslims respectively. Out of this, the proportion ofelderly is lowest (5.75 percent) as against 7.45 girl child marriages (i.e. less than 10 years ofpercent of total population of the country. The age) was three percent of the total marriagesreasons for low population of older Muslims prevalent mainly among Buddhists (2.8and modalities for raising their expectancy percent), Hindus (2.6 percent) and Muslimsof life need to be found out and corrective (2.2 percent).measures taken in this regard. Average Household SizeAge at Marriage 11. According to a study sponsored by this10. As is evident from the details in Table 3.4, Commission through the Centre for Research,among men who married below the age of Planning & Action, New Delhi, in January 200621 years, 51.3 percent were Hindus, nearly in five states (Maharashtra, Punjab, Tamil Nadu, Table 3.3: Sex-wise Population of Persons of 60 Years and above among different Religious Minorities Religion Persons Male Female Number in lakhs Percentage Number in lakhs Percentage Number in lakhs Percentage Total 766.22 (7.45) 377.68 (7.10) 388.54 (7.83) Hindus 632.19 (7.64) 311.21 (7.26) 320.98 (80.05) Muslims 79.49 (5.75) 39.85 (5.58) 39.64 (5.93) Christians 20.06 (8.33) 9.58 (7.99) 10.48 (8.66) Sikhs 18.78 (9.77) 9.67 (9.53) 9.11 (10.05) Jains 4.20 (9.94) 2.01 (9.23) 2.19 (10.69) Others 4.28 (6.45) 1.97 (5.91) 2.31 (6.99)Source: Census 2001 Table 3.4: Religion-wise Data on Age at Marriage (in percent) Male age at marriage Female age at marriage <=20 years >=20 years <10 years 10-17 =>18 years All religions 34.6 65.4 3.0 40.5 56.5 Hindu 51.3 48.7 2.6 34.4 54.9 Muslim 46.6 53.4 2.2 41.0 56.9 Christian 19.8 80.2 1.2 15.2 83.6 Sikh 12.9 87.1 1.1 15.9 83.0 Buddhist 39.1 60.9 2.8 38.2 59.0 Jain 25.6 74.4 1.6 23.1 75.4 Others 18.6 81.4 2.3 33.7 64.0Source: Census 2001 Religious Minorities and their Status
  • 20. 16Uttar Pradesh and West Bengal), it was found Table 3.5: Literacy Rate among Religiousthat the average size of households among Communities, Scheduled Castes andminority communities was 3.40 persons. The Scheduled Tribeshousehold size was smallest at 2.75 persons (in percent)among Parsis while it was highest at 3.50 Community/Caste Male Female Totalpersons among Muslims. The survey found India 75.3 53.7 64.8that 77.71 percent of the households were Hindu 76.2 53.2 65.1nuclear, 10.4 percent joint families and 12.25 Muslim 67.6 50.1 59.1percent single occupant. Muslim households Christian 84.4 76.2 80.3had the largest share of joint families at 12.47 Sikh 75.2 63.1 69.4percent. As against this, the lowest share (4.5 Buddhist 83.1 61.7 72.7percent) of joint families was found among the Jain 97.4 90.6 94.1Parsis. Further Parsis also had the largest share Others 60.8 33.2 47.0of single occupant families at 21.69 percent. Scheduled 66.64 41.9 54.7 CastesThus, it has been observed that: Scheduled 59.17 34.76 47.1(a) The Jains, Buddhists, Muslims and Tribes Christians are more urbanised as compared Source: Census 2001 to Hindus and Sikhs.(b) Sex ratio among the Christians is more 12.2. Literacy rate among the Jains is the favourable and lowest among Sikhs. highest at 94.1 percent, followed by Christians(c) Parsis, Jains and Sikhs have larger (80.3 percent) and Buddhists (72.7 percent). proportion of population of 60 years and Hindus (65.1 percent) and Sikhs (69.4 percent) above. Proportion of elderly Muslims is have a marginally higher literacy rate than the lowest at 5.75 percent as against national national average of 64.8 percent. The lowest average of 7.45 percent. literacy has been recorded at 47 percent for(d) Among the different religious communities ‘Other Religions and Persuasions’. Muslims the highest proportion of girl child have a literacy rate (59.1 percent) lower than marriage was found among Buddhists the national average literacy rate. Literacy and Muslims. among Scheduled Castes and Scheduled(e) Average size of households amongst Tribes was abysmally low. minorities was 3.40 persons – smallest at 2.75 persons was among Parsis and the 12.3. Analysis of literacy rates reveals that highest at 3.50 among Muslims. Muslims were better off than Scheduled Castes, Scheduled Tribes and those pursuing ‘otherEducational Status of Religious religions’ but lagged behind others. The literacyMinorities rate in the Parsi community is 97.9 percent.12. Education is one of the significant social This could be due to the fact that education ofindicators having bearing on the achievement Parsi children was emphasised as early as thein the growth of an individual as well as late 19th century. The Jain population has alsocommunity. This is perceived to be highly returned very high national literacy rate of 94.1suitable for providing employment and percent and is one of the most literate religiousthereby improving the quality of life, the level community.of human well being and the access to basicsocial services. Gender Gap in Literacy 12.4. Both males and females among the JainLiteracy Rate population have very high literacy rate of 97.412.1. Status of literacy among different percent and 90.6 percent respectively at thecommunities and caste is given in Table 3.5. national level followed by Christians at 84.4 Report of the National Commission for Religious and Linguistic Minorities
  • 21. 17percent for males and 76.2 percent for females. have the lowest proportion at 3.6 percent.Thus, the gender gap in male-female literacy Among Hindus, the proportion of thosefor these two religions is less than 10. Among attaining the educational level of ‘Graduatethe six major religions at the national level, and above’ is seven percent, which is more orthe maximum gap between male and female less in the same order as the overall proportionliteracy is among Hindus (23 percent) followed of all religious communities taken together asby Buddhists (21.4 percent) and Muslims (17.5 per details given in Table 3.6.percent points). 12.7. Further, Muslims (65.31 percent) are12.5. There exists an interesting relationship better off at primary level of education but theirbetween female literacy and proportion proportion goes down as we go to secondaryof child population in the 0-6 years age (10.96 percent) and senior secondary (4.53group. Generally, it has been argued that in percent) stages. Though Christians at thedeveloping countries high female literacy rate primary level with 45.79 percent are lower thanusually has a dampening effect on fertility rate the national average but levels increases atother factors being constant. Thus, there is a secondary (17.48 percent) and senior secondarynegative relationship between female literacy (8.70 percent) stages. Other religions followand fertility. This indicates that irrespective of almost national average level.religious affiliations, creation of a conduciveenvironment and promotion of education Drop out Ratesfacilities leading to improved female literacy 12.8. The drop out rate indicates the wastagemight bring down fertility rate. Among Jains of school education and tends to underminehigh female literacy rate and lowest proportion benefits of increased enrolments. According toof child population (0-6 years) and among the “Educational Statistics”, published by theMuslims low female literacy rate and higher Ministry of Human Resource Development,proportion of children in the age group (0-6 during 1999-2000, out of students enrolledyears) support this contention. in classes I to V, over 40 percent dropped out. Similarly, out of students enrolled in classes I toEducational Level VIII over 55 percent dropped out. The drop out12.6. On analysing the distribution of literates rate in classes I-X was over 68 percent. Further,by educational level, it was found that Jains the drop out rate has been higher for girls.(21.47 percent) have the highest proportionof educated persons among all the religions 12.9. Chief reasons for dropping out fromamong those who have completed graduation schools could be inability of students to copestage. This is followed by Christians (8.71 up with the studies or lack of interest amongpercent) and Sikhs (6.94 percent). Muslims parents in the education of their children or Table 3.6: Educational Levels among different Communities Community Upto Primary Middle Secondary Senior Diploma Graduation Unclassified Level* Secondary All Religion 55.57 16.09 14.13 6.74 0.72 6.72 0.02 Hindus 54.91 16.18 14.25 6.92 0.71 7.01 0.01 Muslims 65.31 15.14 10.96 4.53 0.41 3.6 0.05 Christians 45.79 17.13 17.48 8.7 2.19 8.71 0.01 Sikhs 46.70 16.93 20.94 7.57 0.90 6.94 0.02 Buddhists 54.69 17.52 14.09 7.65 0.35 5.7 0.01 Jains 29.51 12.27 21.87 13.84 1.03 21.47 0.01 Others 62.12 17.48 11.24 4.55 0.26 4.35 0.01* Includes literacy without Educational Level, Below Primary Level and Primary Level.Source: Census 2001 Religious Minorities and their Status
  • 22. 18 Table 3.7: Status of Education in Religious Educational Institutions Madrasas Gurukuls Seminaries Monasteries Curriculum adopted Mixed syllabus Teach both religious Inter disciplinary Provide monastic (Subjects taught) Generally and modern subjects subjects giving education (Buddhist concentrate on more emphasis on Philosophy) with religious education theological subjects additional subjects like English, Mathematics and Hindi. Level of Education Varies from matric Varies from Senior Post-graduation level level to post- Secondary level to graduation level post-graduation level Affiliation of Majority not Mostly affiliated Mostly affiliated Not affiliated the educational affiliated institutions Pattern of school Separate for boys Separate for boys Co-educational Separate for boys and and girls and girls girlsSource: Study report on the Role of Religious Educational Institutions in the Socio-Economic Development of the Community by Himalayan RegionStudy and Research Institute, 2007economic considerations, like compulsion to Health Status of Religious Minoritieswork for augmenting family income or need 13. Health is one of the most important inputsfor looking after younger siblings or unfriendly for human development. Improvement inatmosphere in the schools etc. Among girls in the health and nutritional status of peoplerural areas, these factors mostly accounted for is therefore, important considerationthe dropouts. for determining the health standard of a community. Different indicators whichStatus of Religious Educational determine the health status of different religiousInstitutions communities are discussed below:12.10. The education systems of religiouseducational institutions like Gurukuls of Infant and Child Mortality RateHindus, Madrasas of Muslims, Monasteries 13.1. Based on NFHS II Report, Table 3.8 indicatesof Buddhists and Seminaries of Christians infant and child mortality rates among differentvary widely both in its content and purpose. communities:A comparative study of religious educationalinstitutions sponsored by this Commission Table 3.8: Infant and Child Mortality Ratethrough the Himalayan Region Study among different Communities and Castesand Research Institute, New Delhi, in the (in percent)States/UTs of Delhi, Haryana, Uttar Pradesh Community/Caste Infant Childand Uttaranchal brings out those variations mortality mortalityclearly as per details given in the Table 3.7. rate rate Hindu 77.1 32.4 Muslim 58.8 25.412.11. As is seen from the above Table, by and Christian 49.2 19.7large all religious educational institutions Sikh 53.3 12.3impart education from the primary to the Jain (46.7) (11.3)higher levels. However all of them concentrate Buddhist/Neo-Buddhist 53.6 14.1on religious education. Thus, the religious No religion (77.6) (77.2)educational, institutions to a large extent Scheduled castes 83.0 39.5provide religious knowledge and basic Scheduled tribes 84.2 46.3education but do not enable them to compete Other Backward Class 76.0 29.3for admission to institutions of higher Source: NFHS-II 1998-99, National Report Note: Figures given in brackets ( ) are based on 250-499 childrenlearning/professional courses and competitive surviving to the beginning of the age intervalexaminations. Report of the National Commission for Religious and Linguistic Minorities
  • 23. 1913.2. As may be seen from Table 3.8, infant 13.4. The cut off point for height, below whichand child mortality rates among Hindus are a woman can be identified as nutritionallymuch higher than Muslims, Christians, Sikhs, at risk, varies among populations, but itJains, and Buddhists. However, the infant is usually considered to be in the range ofand child mortality rate are higher among 140–150 centimeters. As may be seen fromScheduled Castes and Scheduled Tribes. the above Christian, Sikh and Jain womenAmong minorities infant and child mortality are taller, on average, than women in anyrates of other minorities are lower than other group. The percentage of women whoMuslims. Mortality rate differentials among are below 145 centimeters in height variesdifferent religious communities or Scheduled from 3.9 percent for Sikhs and 7.6 percentCastes and Scheduled Tribes may be due to for Jains to 24 percent for women belongingfactors other than religion alone e.g. urban or to no religion category. Among Scheduledrural residence or economic conditions of the Caste and Scheduled Tribe women below 145family or availability of health facilities and centimeters in height are 17 percent and 13.5access to them. percent respectively. Based on these criteria, nutritional status of women belongingNutritional Status of Women to Sikhs and Jain communities is better13.3. Based on NFHS-II Report, nutritional than women belonging to other religiousstatus of women among different communities communities, Scheduled Castes, Scheduledis indicated in Table 3.9. Tribes and Other Backward Classes. Nutritional Status of Children Table 3.9: Nutritional Status of 13.5. Nutritional status of children belonging Women among different Religious to different religious communities, Scheduled Communities and Castes Castes and Scheduled Tribes is given in the Table 3.10. Community/ Height Weight for height Caste 13.6. As may be seen from the Table 3.10, Mean Percent- Mean Percent- height age Body age with Scheduled Tribes, Scheduled Castes, Other (cm) below Mass BMI Backward Classes, Hindu and Muslim children 145 cm Index below appear to be undernourished. As against this (BMI) 18.5 kg/m2 Jain, Sikh, Buddhist and Christian children are better nourished. Hindu 151.1 13.5 20.1 36.9 Muslim 151.5 12.3 20.5 34.1 Antenatal Check-ups Christian 152.1 10.3 21.4 24.6 13.7. Based on NFHS Report of 1998-99, Sikh 155.0 3.9 23.0 16.4 status of ante-natal check-up among different Jain 153.6 7.6 23.4 15.8 communities/castes is given in Table 3.11. Buddhist/ 149.9 17.3 20.4 33.3 Neo- 13.8. As may be seen from the table more Buddhist than one-third of women among Scheduled No religion 149.8 24.1 20.6 34.5 Tribes, Scheduled Castes, Muslims, no religion Scheduled 150.3 17.0 19.5 42.1 category, Other Backward Classes and Hindus Castes have not gone for antenatal checkups. Further Scheduled 150.8 13.5 19.1 46.3 Tribes facility of doctors has been availed of by all the communities and castes but largely by Other 151.0 13.5 20.2 35.8 Backward Jains, Buddhists and Christians. As against Classes this, facility of other health professional andSource: NHFS-II 1998-99 report traditional birth attendants has been availed Religious Minorities and their Status
  • 24. 20 Table 3.10: Nutritional Status of Children of different Religious Communities Community/Caste Weight-for-age Height-for-age Weight-for-height Percentage Percentage Percentage Percentage Percentage Percentage below –3 below –2 below –3 below –2 below –3 below –2 SD* SD1 SD SD1 SD SD1 Hindu 18.4 47.7 23.3 46.0 2.9 16.0 Muslim 18.6 48.3 24.8 47.1 2.5 14.1 Christian 9.6 30.8 14.0 30.6 2.5 13.4 Sikh 8.4 26.8 16.0 35.4 1.1 7.0 Jain 1.3 20.9 0.8 13.2 0.0 11.9 Buddhist/Neo-Buddhist 7.5 43.7 8.7 32.5 0.9 11.9 Scheduled Castes 21.2 53.5 27.5 51.7 3.0 16.0 Scheduled Tribes 26.0 55.9 27.6 52.8 4.4 21.8 Other Backward 18.3 47.3 23.1 44.8 3.4 16.6 ClassesSource: NFHS – II, 1998-99, National Report*SD= Standard Deviation1 Includes children who are below –3 SD from the International Reference Population median Table 3.11: Status of Antenatal Check-ups among different Communities and Castes (in percent) Antenatal Antenatal check-up outside home No Missing Total check up only from: antenatal at home from Doctor Other Traditional check up health worker health birth professional attendant, other Hindu 6.2 47.2 11.2 0.2 34.5 0.6 100 Muslim 3.3 50.7 8.5 0.4 36.4 0.7 100 Christian 3.0 73.4 7.5 0.2 15.4 0.4 100 Sikh 1.3 44.7 29.0 0.0 24.9 0.1 100 Jain 3.1 84.7 6.5 0.0 5.7 0.0 100 Buddhist/Neo-Buddhist 1.4 74.9 9.2 0.0 14.5 0.0 100 No religion 10.0 53.7 0.7 0.0 35.6 0.0 100 Scheduled Castes 5.9 41.7 13.3 0.2 38.2 0.6 100 Scheduled Tribes 10.0 34.7 11.5 0.3 43.1 0.4 100 Other Backward Classes 5.9 48.9 9.6 0.2 34.8 0.6 100Source: NFHS-II 1998-99, National Reportof by all communities and castes, though by a Against this, among Christians and Jains mostsmall percentage of population. deliveries took place at Health Facility Centres comprising both government hospitals andPlace of Delivery private institution. Large number of deliveries13.9. Table 3.12 indicates the status of place of in private institutions may be due to the betterdelivery among different communities: economic conditions of these communities or because of their being urban based. Among13.10 . As may be seen from the Table 3.12, those who remained at home for deliveryamong Hindus, Muslims, Sikhs, no religion without the care of medical personnel,category, Scheduled Caste, Scheduled Tribes proportion of Scheduled Tribes, no religionand Other Backward Classes, more than Category, Scheduled Castes, Muslims, Hindus50 percent deliveries took place at home. and Other Backward Classes was more. Report of the National Commission for Religious and Linguistic Minorities
  • 25. 21 Table 3.12: Details Regarding Place of Delivery among different Communities, Scheduled Castes and Scheduled Tribes Community/Caste Place of delivery Total Health facility/institution Home Public NGO/trust Private Own home Parents’ home Other Hindu 16.4 0.6 15.9 53.5 12.5 1.1 100. Muslim 14.1 0.9 16.5 55.7 11.8 1.0 100. Christian 19.8 2.6 32.0 35.0 10.2 0.4 100. Sikh 10.8 0.9 35.3 45.4 7.3 0.4 100. Jain 12.4 1.6 57.6 25.5 3.0 0.0 100. Buddhist/Neo-Buddhist 38.9 0.0 16.3 30.5 14.0 0.4 100. No religion 7.9 0.0 11.1 78.5 2.6 0.0 100. Scheduled Castes 16.0 0.5 10.3 60.1 12.0 1.1 100. Scheduled Tribes 10.7 0.7 5.7 70.4 11.4 1.1 100. Other Backward Classes 16.3 0.8 19.0 49.8 13.0 1.1 100.Source: NFHS-II 1998-99, National ReportChild Immunisation Among those who have not accepted any of13.11. Table 3.13 indicates the status of the immunisation programme, proportionchild-hood vaccination among different of Scheduled Tribes and Muslim is high. Thiscommunities and castes. may be due to illiteracy or lack of awareness.Table 3.13: Status of Childhood Vaccination Use of Contraceptives among different Communities, Scheduled 13.13. Based on NFHS – II Survey, 1998-99, Castes and Scheduled Tribes Status of Contraceptives among different Communities and Castes is given in the Community/ BCG Polio Measles None Table 3.14. Caste Hindu 72.5 13.1 51.5 13.3 Muslim 62.3 9.9 40.4 21.0 Table 3.14: Use of Contraceptives by Christian 84.0 32.1 66.2 11.0 different Communities, Scheduled Castes, Sikh 86.4 14.0 75.7 11.1 Scheduled Tribes and other Backward Buddhist/Neo- 94.6 15.6 77.3 1.1 Classes Buddhist Scheduled 69.6 11.7 47.6 15.1 Community/ Any Female Male Castes Caste method sterilisation sterilisation Scheduled Tribes 60.0 4.5 34.3 24.2 Hindu 49.2 36.2 2.1 Other Backward 71.6 18.7 50.7 11.6 Muslim 37.0 19.6 0.8 Classes Christian 52.4 36.5 2.1Source: NFHS-II 1998-99, National Report Sikh 65.2 30.2 1.6 Jain 65.1 42.3 1.413.12. As may be seen from the Table 3.13, BCG Buddhist/ Neo- 64.7 52.5 5.0 Buddhistvaccination has received good response from No religion 30.1 16.7 0.0all communities and castes. As regards polio, Scheduled 44.6 34.4 1.9Scheduled Tribes and Muslims have been Casteslagging behind than others. The vaccination Scheduled Tribes 39.1 28.8 3.1for measles has been widely accepted by Other Backward 46.8 37.2 1.6Buddhists, Sikhs, Christian and Hindus as Classescompared to other communities and castes. Source: NFHS-II 1998-99, National Report Religious Minorities and their Status
  • 26. 2213.14. As may be seen from the Table 3.14, use between 2.26 percent among Sikhs to 2.83of contraceptive is more among Sikhs, Jains, percent among Other Backward Classes.Buddhists and Christians. As against this use of Similarly, average number of children evercontraceptives is least among Muslims followed born to married women of 40-49 years areby no religion category, Scheduled Tribes, highest among Muslims (5.72) followed byScheduled Castes, Other Backward Classes and Scheduled Castes (4.85), Scheduled TribesHindus. Further, male sterilisation is adopted (4.74), Other Backward Classes (4.43), Hindusby very few among all communities and castes. (4.34), and Buddhists (4.25) with lowest figureHowever, male as well as female sterilisation of 3.32 among Jains.is lowest among no religion category andMuslims. As against this, female sterilisation is 13.17. Summing up, the nutritional status andhighest among Buddhists. antenatal care is relatively better among Jains, Sikhs and Christians. Use of contraceptivesFertility Rate is comparatively less among the Muslims,13.15. The Total Fertility Rate (TFR), and the Scheduled Castes, and Scheduled Tribes. Whilemean number of children ever born to women Total Fertility Rate has been found to be moreof age 40–49 by religious community are given among the Muslims, Scheduled Castes, andin the Table 3.15. Scheduled Tribes the use of contraceptive is low among them. There is an urgent need to Table 3.15: Total Fertility Rate among pay greater attention to immunisation different Communities Scheduled Castes, of children among Scheduled Tribes and Scheduled Tribes etc. Muslims. Community/ Total Fertility Mean number of Housing and Related Amenities Caste Rate children ever born to ever married 14. Housing is a basic necessity as well as an women age 40–49 important economic activity. According to years the Tenth Five Year Plan document, around Hindu 2.78 4.34 90 percent of housing shortage pertains to the Muslim 3.59 5.72 weaker sections. The need for the increase in Christian 2.44 3.47 the supply of affordable housing to the Sikh 2.26 3.59 economically weaker sections and those Jain 1.90 3.32 belonging to the low income category Buddhist/Neo- 2.13 4.05 is emphasised through a programme of Buddhist allocation of land, extension of funding No religion 3.91 (5.62) assistance and provision of support services. Scheduled 3.15 4.85 Castes The existing position of housing and related Scheduled 3.06 4.74 amenities among different communities is as Tribes under: Other Backward 2.83 4.43 Classes Availability of Type of House (i.e. Kutcha,Source: NFHS-II 1998-99, National Report Semi Pucca, or Pucca House) 14.1. Table 3.16(A) and 3.16(B) below indicates13.16. As is evident from the data in Table the status of different types of houses among3.15, total fertility rate is very high, among no religious communitiesreligion category (3.91 percent), Muslims (3.59percent), Scheduled Castes (3.15 percent) and 14.2. According to a study conducted by theScheduled Tribes (3.06 percent). Total fertility Centre for Research, Planning & Action, Newrate is lowest among Jains (1.9 percent). In Delhi, in January 2006 in five states (Maharashtra,other Communities, total fertility rate ranges Punjab, Tamil Nadu, Uttar Pradesh and West Report of the National Commission for Religious and Linguistic Minorities
  • 27. 23Table 3.16(A): Distribution of different Type Ownership of Houses of Houses State-wise 14.4. It is true that ownership of a house (in percent) empowers a person and enhances his status State Kutcha Semipucca Pucca socially. Table 3.17 indicates the status Maharashtra 7.68 34.88 56.93 of ownership of houses among different Punjab 6.79 50.8 42.22 communities in five States of Maharashtra, Uttar Pradesh 21.54 29.22 48.89 Punjab, Tamil Nadu, Uttar Pradesh and West Tamil Nadu 13.75 66.71 19.25 Bengal and Scheduled Castes and Scheduled West Bengal 58.96 37.34 3.3 Tribes on all India basis. All 22.31 42.71 34.63Source: ‘Socio-economic status of Minorities”, survey conducted bythe Centre for Research Planning & Action, New Delhi, in the States of 14.5. As may be seen from the Table 3.17,Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh and West Bengal in 2006 52.71 percent of respondents belonging to different communities in these five States Table 3.16(B): Distribution of different Type lived in own houses and 36.10 percent in among different Communities rented houses. The ratio of those living in (in percent) rented houses was highest among Muslims Community Kutcha Semipucca Pucca (43.74 percent) followed by Christians (33.91) Muslim 34.63 41.2 23.76 percent and Sikhs (33.29 percent). Ownership Christian 22.58 49.67 27.26 of houses was highest among Parsis (75.13) Sikhs 6.68 53.34 39.97 percent followed by Sikhs (65.89 percent). A Buddhist 3.94 43.01 53.05 few had other arrangements, such as living Parsis 2.38 7.04 90.58 with relatives etc. As against this, Scheduled All 22.31 42.71 34.63 Castes and Scheduled Tribes with more thanSource: ‘Socio-economic status of Minorities”, survey conducted by theCentre for Research Planning & Action, New Delhi, in the States of 90 percent owning houses fare better onMaharashtra, Punjab, Tamil Nadu, Uttar Pradesh and West Bengal in2006 Table 3.17: Ownership of Houses by different Communities and Scheduled CasteBengal), only 34.63 percent of respondents had and Scheduled Tribespucca houses. Further, the availability of pucca (in percent)house varies from states to state ranging from Community/Caste Owned Rented3.3 percent in West Bengal to 56.93 percent in Muslim 45.03 43.74Maharashtra. Christian 51.64 33.91 Sikhs 65.89 33.2914.3. This may be seen from the Table 3.16B, Buddhist 45.52 23.3while 90.58 percent Parsis followed by 53.05 Parsis 75.13 19.05percent Buddhists were living in pucca All 52.71 36.10houses, share of pucca houses was lowest Scheduled Castes* 90.4 6.5among Muslims with 23.76 percent followed Scheduled Tribes* 90.7 6.0by Christians with 27.26 percent. Similarly, Source: Socio-economic status of Minorities”, Survey conducted by the Centre for Research Planning & Action, New Delhi, 2006 in the States42.71 percent of the respondent families of Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal and *Census 2001lived in semi-pucca houses and 22.31percent in kutcha houses. The percentageof households living in kutcha houses was an all India basis compared to the religioushighest among Muslims with 34.63 percent minorities.followed by Christians with 22.58 percent.Very few Sikhs, Buddhists and Parsis lived in Source of Lighting in the Houseskutcha houses, which indicates their better 14.6. Table 3.18 indicates the source of lightingeconomic status vis-à-vis Muslims and in the houses among different communitiesChristians. in five States of Maharashtra, Punjab, Tamil Religious Minorities and their Status
  • 28. 24 Table 3.18: Source of Lighting in Houses 55 percent Scheduled Castes depended on State-wise and Community/Caste-wise Kerosene. (in percent) Community/Caste Electricity Kerosene Water Supply in Houses Muslim 78.78 23.29 14.8. Table 3.19 reveals the status of water supply Christian 82.51 16.75 in the houses among different communities in Sikhs 88.81 15.83 five sample States and Scheduled Castes and Buddhist 88.89 11.83 Scheduled Tribes on all India basis. Parsis 99.21 0.79 All 83.72 17.75 14.9. The safe drinking water supply within Scheduled Castes* 44.3 54.7 the premises is one of the basic needs of the Scheduled Tribes* 36.5 61.9 people. It is seen from Table 3.19, that moreSource: Socio-economic status of Minorities” conducted by the Centre than 75 percent Parsis, Christians, Muslims andfor Research Planning & Action, New Delhi, 2006 in the States ofMaharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal and Sikhs had source of drinking water within or*Census 2001 near their house. The share of Buddhist households with water supply within or nearNadu, Uttar Pradesh and West Bengal and the house was only 67.38 percent. The dataScheduled Castes and Scheduled Tribes on shows that considerable effort needs to beall India basis. made to provide water to these communities at the premises where they live. The share14.7. Since all households contacted in the of Scheduled Castes and Scheduled Tribessurvey in five States were in urban areas, 83.72 having the source of their drinking water withinpercent were observed to have electricity. their premises is dismal, when compared toThis ratio was highest with 99.21 percent religious minorities.among Parsis and lowest with 78.78 percentamong Muslims. A large percentage of religious Availability of Toiletsminorities had electricity as compared to 14.10. According to the Report of the CentreScheduled Castes and Scheduled Tribes. As for Research Planning & Action, 77.97 percentmany as 62 percent Scheduled Tribes and of households surveyed had a toilet in the house. The availability of toilets was highestTable 3.19: Source of Drinking Water among among Parsis (98.41 percent) followed by different Communities, Scheduled Castes Sikhs (83.77 percent). Interestingly, Muslims and Scheduled Tribes had a higher percentage of households with toilets (80.33 percent) as compared with Community/ Within or Within Beyond Christians and Buddhists. The condition Caste near the 100-200 m 200 m house (Near (Away from of Scheduled Castes and Scheduled Tribes premises) premises) households is worse compared to religious Muslim 81.06 10.35 7.09 communities. 76 percent Scheduled Castes Christian 82.84 8.05 6.90 and 83 percent Scheduled Tribes had no Sikhs 76.13 7.78 14.87 toilets. Details in this regard are given in the Buddhist 67.38 22.22 8.60 Table 3.20. Parsis 87.04 0.79 5.82 Total 80.40 9.25 8.28 14.11. Analysis of the housing conditions of Scheduled 27.0 53.5 19.5 Caste* Minority Communities reveals that Parsis Scheduled 15.2 56.6 28.2 lived with better housing facilities followed Tribe* by Christians. The Scheduled Castes andSource: Socio-economic status of Minorities” conducted by the Centre Scheduled Tribes had the satisfaction thatfor Research Planning & Action, New Delhi, 2006 in the States ofMaharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal and they owned houses and did not depend on*Census 2001 rental accommodation, but they lacked the Report of the National Commission for Religious and Linguistic Minorities
  • 29. 25 Table 3.20: Toilet Facilities in the Houses Table 3.21: Population of Religiousamong different Communities and Scheduled Communities Living below the Poverty Line Castes and Scheduled Tribes Percent below Percent below (in percent) poverty line poverty line Community/Caste (Rural) (Urban) Muslim 80.33 Hindus 27.80 21.66 Christian 67.49 Muslims 27.22 36.92 Sikhs 83.77 Christians 19.82 11.84 Buddhist 64.52 Sikhs 2.95 10.86 Parsis 98.41 Others 33.05 18.51 All 77.97 Source: NSSO 55th Round, July 1999-june 2000. Scheduled castes* 23.7 Scheduled tribes* 17.1 percent and Christians at 39.7 percent. TheSource: Socio-economic status of Minorities” conducted by the Centre lowest work participation rate of 31.3 percentfor Research Planning & Action, New Delhi, 2006 in the States ofMaharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal and at the national level is seen for the Muslim*Census 2001 population preceded by Jains at 32.9 percent and Sikhs at 37.7 percent. Further, workfacilities of electricity, piped water supply participation rate of 9.2 percent among Jainand toilets. women and 14.1 percent for Muslim women is the lowest in the country. Table 3.22 indicatesPoverty and Employment the community-wise status:Poverty Category of Workers15. In 1999-2000, a survey was got conducted 15.2. Table 3.23 indicates the distributionby the Government of India for estimation of workers community-wise among variousof levels of poverty among various religious categories.communities and it was noted, therefore, thatpoverty as a phenomenon was more acute in 15.3. As is seen from the table 33.1 percent ofrural areas than urban areas for all religious Hindus are cultivators followed by 32.4 percentcommunities except Muslims and Sikhs as for Sikhs and 29.2 percent for Christians. Onlyshown in Table 3.21. one-fifth (20 percent) of the Muslims are cultivators while among Jains, this is only 11.7Work Participation Rate percent, much below the national average of15.1. According to Census 2001, work 31.7 percent. The highest percentage ofparticipation rate (WPR) or percentage of cultivators is 49.9 percent among the followersworkers to total population for all religions of ‘other religion category.is 39.1 percent. However, the group of ‘OtherReligions and Persuasions’ has higher work 15.4. Further, at the aggregated level, 26.5participation rate of 48.4 percent followed percent of workers are agricultural labourers.by the Buddhist at 40.6 percent, Hindus 40.4 The pattern among the six religious Table 3.22: Work Participation Rate among Religious Minority Communities (in percent) All Hindu Muslim Christian Buddhist Sikhs Jains Others Male 51.7 52.4 47.5 50.7 49.2 53.3 55.2 52.5 Female 25.6 27.5 14.1 28.7 31.7 20.2 9.2 44.2 Average 39.1 40.4 31.3 39.7 40.6 37.7 32.9 48.4Source: Census of India 2001 Religious Minorities and their Status
  • 30. 26 Table 3.23: Distribution of Category of Workers Community-wise (in percent) Workers by occupational category Cultivators Agricultural workers Household industrial workers Other workers All religions 31.7 26.5 4.2 37.6 Hindu 33.1 27.6 3.8 35.5 Muslim 20.7 22.0 8.1 49.1 Christian 29.2 15.3 2.7 52.8 Sikh 32.4 16.8 3.4 47.3 Buddhist 20.4 37.6 2.9 39.2 Jain 11.7 3.3 3.3 81.7 Others 49.9 32.6 3.2 14.3Source: Census of India 2001communities reveals that Buddhists with categories above. This includes workers in the37.6 percent have maximum workers as tertiary sector, such as services, manufacturing,agricultural labourers followed by ‘other trade & commerce and allied activities. Jainsreligion category’ with 32.6 percent and with 81.7 percent workers are classified asHindus with 27.6 percent. On the contrary, Other workers followed by 52.8 percentthe number of agricultural workers among Christians and 49.1 percent Muslims. AmongMuslims is 22.1 percent followed by Sikhs Hindus, Other Workers are 35.5 percent. The(16.8 percent) and Christians (15.3 percent). business character of Jain workers and theOnly 3.3 percent among Jains are in the service sector work of the Christians are evidentcategory of agricultural workers and fall in this data set.below the national average. To sum up, 82.5percent of population among the ‘other 15.7. The NSSO in their 61st Round of surveyreligion category’ is engaged in agricultural found that more than half of the workersactivities either as cultivators and/or in the rural areas were self-employed, theagricultural labourers, followed by Hindus proportion being the highest among the(60.7 percent) and Buddhists (58 percent). Muslim workers both Males (60 percent) andAmong Muslims, Sikhs and Jains this is below females (75 percent). In the urban areas also,50 percent indicating that a majority of them the same pattern is observed. The proportionare engaged in non-agricultural pursuits. of regular wage/salaried workers was highest among Christians in both rural and urban15.5. In the category of household industry areas among both males and females. Theworkers, artisan character of Muslims workers proportion of casual labourers was highestis reflected in the data, where 8.1 percent among Hindus for females in both rural (34Muslim workers are engaged. This is almost percent) and urban (18 percent) areas.double than the national average of 4.2 percent.Among Hindus, 3.8 percent workers and 15.8. About 37 percent of Hindu householdsaround 3 percent each among Sikh and Jain were dependent on ‘self-employment inworkers are in this category. Christian and agriculture’. The corresponding proportionBuddhist workers constitute 2.7 percent and was 35 percent for the Christians and 262.9 percent, respectively. percent for the Muslims. The proportions of households depending on ‘self-employment15.6. The Indian economic structure is showing in non-agriculture’ were 14 percent for thea shift towards non-agricultural sector. The Hindus, 28 percent for the Muslims and 15category of ‘Others Workers’ includes all those percent for the Christians. In the case of ‘ruralworkers who do not fall under the three distinct labour’ households, the proportions varied Report of the National Commission for Religious and Linguistic Minorities
  • 31. 27from 32 percent (Muslims) to 37 percent Table 3.25: Dependency Ratio among(Hindus). different Communities Community Dependency Ratio15.9. In urban areas the proportion of Hindu Young Oldhouseholds depending on ‘self-employment’, All religions 621 131‘regular wage/salary’ and ‘casual labour’ Hindu 604 133were 36 percent, 43 percent and 12 percent Muslim 778 109respectively, whereas the corresponding Christian 499 137shares for the Muslims were 49 percent, 30 Sikh 526 166percent and 14 percent respectively and for Buddhist 577 146 Jain 390 154the Christians 27 percent, 47 percent and 11 Others 706 118percent respectively. Source: Situation analysis by IIPS Mumbai in 2006Average Income15.10 . According to a study conducted by ratio of 778 and lowest dependency ratioCentre for Research, Planning & Action, of 109 which could be one of the possibleNew Delhi, in January 2006 in five states reasons for their economic backwardness(Maharashtra, Punjab, Tamil Nadu, Uttar as compared with averages for all religiousPradesh and West Bengal), average income communities. On the contrary, Jainsper family per month is estimated at Rs. 2,103. have shown lowest young personsThis is the highest at Rs. 3173 in Maharashtra dependency ratio of 390 followed by Christiansfollowed by Rs. 2274 in UP, Rs. 2155 in Punjab, with 499.Rs. 1449 in Tamil Nadu, Rs. 1324 in WestBengal. By religion, the highest income was 15.13. Summing up, more Muslim workersrecorded among Parsis at Rs. 3484 per month than any other religious community arefollowed by Rs. 2478 among Buddhists, involved in household industry work, whichRs. 2285 among Sikhs, Rs. 1906 among is indicative of their artisan nature. JainsChristians and Rs. 1832 among Muslims as have the lowest number of workers involvedshown in the Table 3.24. in agriculture, which is preceded by Muslims, Christians and Sikhs. Table 3.24: Average Family Income State-wise and Community-wise Visits to the States/UTs and Workshops (In Rs.) Sponsored by NCRLM State Income Religion Income 16. To examine the socio-economic status Maharashtra 3173.34 Muslim 1832.20 and other related issues of minorities, this Punjab 2155.39 Christian 1906.50 Commission visited 28 States and Union Uttar Pradesh 2274.60 Sikhs 2285.60 Territories and held discussions with the Tamil Nadu 1449.10 Buddhist 2477.90 political leaders, officials and non-officials, West Bengal 1324.15 Parsis 3483.80 All 2103.24 All 2103.24 community leaders, academicians etc. TheSource: Socio-economic status of Minorities” conducted by the Centre Commission also sponsored workshopsfor Research Planning & Action, New Delhi, 2006 in the States of on Muslims, Sikhs, Parsis, Buddhists andMaharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal Christians to familiarise itself with the social, economic and educational statusDependency Ratio of different minority communities. While15.11. Based on Census 2001, Table 3.25 gives Suggestions/Views of the States/UTs andthe details of dependency ratio among religious Recommendations emerged out of theminorities workshops have been furnished in Vol. II of the Report, important points are mentioned15.12. As may be seen from the above, Muslims below:have the highest young persons dependency Religious Minorities and their Status
  • 32. 28Parsis well-off being landowners, and in the rest ofi. The fertility rate among Parsis is very low the country largely comprising of converts and has affected its population. Reluctance after independence. of many couples to have children, in spite ii. Buddhists by and large are depending on of being healthy and economically well off agriculture and/or wage employment. was responsible for a low replenishment iii. Problem of landlessness among them is rate to the existing Parsi members which acute and wages paid to them are also quite when compounded with the increased low. longevity could hasten the shrinking of the iv. Since Buddhists do not have enough capital, community. they have not set up industries, businessii. The socio-economically disadvantaged enterprises, educational institutions or groups among Parsis are single woman hospitals. often elderly without family support or any means of income; families on Christians doles; rural based Parsi families without i. Christians have higher literacy rate as land and without able bodied persons, compared to other religious minorities as older couple without children, income/ well as national literacy percentage of 65 pension, or households and no earning percent. member, chasniwallas, (cleaners) in ii. Christians are generally engaged in service Agiaries (fire temples) and the nasselsalars sector except in Nagaland and Meghalaya (Pallbearers). where they are engaged in agriculturaliii. The Parsi mechanism of social control related work. is regulated by their three-tier system iii. Christians have higher per capita income. of traditional community councils viz. iv. Unemployment in Christian community is Anzuman at village level, Jangalvasi significantly lower than amongst Muslims Jarthosha Gambhar at regional level and and Sikhs. Parsi Panchayat at national level, which v. Christians are more concerned about health administer schools, housing projects, and have better infant mortality rate and orphanages, advance credits and scholarship child immunisation coverage. for post matric education in India as well as for higher studies abroad. Muslims i. Muslims are behind other religiousSikhs communities in the areas of literacy andi. Foeticide and declining sex ratios in infants education, industrial promotion and particularly female child are the major economic pursuits. They lack technical and social problems with the Sikh community. vocational education as well as training inii. Sikligar, Banjara, Labana and Ramgarhiah trades in demand. [Census 2001 and visit to communities are most backward socially, States] educationally and economically among the ii. The Villages, the Tehsils and the Districts Sikhs. having the concentration of Muslims com-iii. Educationally, the girl child among the munity many a time lack entrepreneurial Sikhs lag behind others and she requires ventures and market for their products. proper, protection and care till they qualify iii. The Muslims have not been able to avail secondary level of education. of the facilities of Waqf resources in the absence of proper management.Buddhists iv. The work participation rate among Muslimi. Two distinct classes of Buddhists – those women has been found to be low affecting inhibiting in the northern States from Leh to the quality of their life. Arunachal Pradesh who are comparatively v. Among Muslims those who are known as Report of the National Commission for Religious and Linguistic Minorities
  • 33. 29 Faqueer, Seengwala (traditional medicine 18.5. Literacy rate among Jains, Christians, practice), Arzals are both economically and Buddhists and Sikhs is more than the national socially backward. average of 64.8. However, it is less amongvi. Various artisanal classes such as Weavers Muslims (59.1). The female literacy rate is also etc. are still languishing due to their old very low among Muslims. The literacy rate techniques of spinning and weaving, among Muslims is better than the Scheduled thereby they are not able to compete with Castes and Scheduled Tribes. artisans of neighbouring countries. 18.6. It has been noticed that there has beenObservations of the Commission sharp decline in the number of students17. According to 1931 and 1941 censuses, the from primary school stage to secondary levelParsis and Jews were mainly urban, followed among Muslims, indicating higher dropoutby Muslims, Christians and Jains. In regard to rate among them. The issue of raising leveleducation, the Parsis, Jains, Jews and Christians of education and arresting drop out rate ofshowed higher percent of literacy in that order the students after the primary level needsduring 1891-1931 period. Thus, it is noticeable special focus. An effective workable planthat minority religions, except Muslims, showed for providing primary education to alla greater percent of literacy than majority children irrespective of religion or caste isreligions. Among Muslims, they have lower necessary.literacy where they are predominantly located,except Kerala. In regard to occupational 18.7. Religious communities have their ownstructure, the minorities, such as, Parsis, Jews religious educational institutions, such as,and Jains are comparatively more advanced Gurukuls by Hindus, Madarsas by Muslims,than others. Syrian Christians and Moplas Seminaries by Christians and Monasteries byamong Muslims in Kerala yield more influence Buddhists. Some of these institutions impartand power. normal education, in addition to religious and traditional education. Through regular18. Based on the data collected and analysed curricula, others give religious education.in the preceding paragraphs, following These institutions follow their own schoolobservations emerge: of thought and there is no commonality in their syllabus and teaching methodology.18.1. One fifth of the country’s population While the religious educational institutionsconsists of religious minorities. of Christians, Buddhists and Hindus are limited in number, and are attuned to18.2. Minority communities except Sikhs and training for employment and religious‘other religions’ are more urban based. institution and position. Madarsas are large in numbers with focus on religious18.3. Against the national sex ratio of 933 education through some provide facilitiesfemales for 1000 males, ratio among Christians for normal education at par with other State(1009) Buddhists (953) and Muslims (936) educated institutions.is higher. However, sex ratio among Sikhs(893) is lesser than the national average. 18.8. Extent of child marriages was noticedPopulation of females among Parsis (35, 652) more among Buddhists and Muslims amongis higher than males (33, 949) indicating fair the religious minorities.sex ratio. 18.9. While Total Fertility Rate has been reported18.4. Foeticide and declining sex ratios in to be more among Muslims, Scheduled Castesinfants particularly female child are the major and Scheduled Tribes, use of contraceptives issocial problems with the Sikh community. far less among them. Religious Minorities and their Status
  • 34. 3018.10. The fertility rate among Parsis is very 18.16. As regards occupational pattern, itlow and has affected its population. Reluctance has been observed that while Sikhs are betterof many couples to have children, in spite of placed on national map as cultivators, Muslimsbeing healthy and economically well off was are prominently engaged in Householdresponsible for a low replenishment rate Industries. Proportion of Buddhists isto the existing Parsi members which when significant among agriculture relatedcompounded with the increased longevity activities. The Christians have returnedcould hasten the shrinking of the community. themselves as working in non-agricultural and non-industrial activities, and perhaps,18.11. Average household size is bigger among they are engaged in occupations classifiedMuslims, and smaller among Parsis. as other activities. However, Christians in Nagaland and Meghalaya are18.12. Infant and child mortality rates among predominantly engaged in agriculturalMuslims are highest in so far as Minorities related work.are concerned but these rank lower thanScheduled Castes and Scheduled Tribes. 18.17. Incidence of poverty is more among Muslims and Sikhs in urban areas and among18.13. Housing conditions of minorities Christians in rural areas.reveal that Parsis lived with better facilitiesfollowed by Christians. The Scheduled Castes 18.18. Most significant aspect of Minorityand Scheduled Tribes have the satisfaction of population of India is declining population ofowning houses. But they lacked the facility of Parsis over the years. As against 76,382 personselectricity, piped drinking water supply and in 1991, their population has been returned astoilets. 69,601 in 2001 census. Fertility improvement measures need to be taken into consideration18.14. Among Minorities, about one-third rather than controls.Muslims are living in kutcha houses, which lackbasic facilities like drinking water, toilet etc. 18.19. Census of India 2001 in their publicationand likewise they live in rented houses. titled “The First Report on Religion Data” has brought out data on six religions only, namely,18.15. National Average of Work Participation Hindu, Muslim, Christian, Sikh, BuddhistRate is 39.1 percent and it is higher for and Jain. All other religions and persuasionsBuddhists (40.6 percent) and Christians have been grouped together in “Others”(39.7 percent) and less than national average category constituting approximately 0.6for Muslims (31.3 percent) and Sikhs (37.7 percent of total population (66,39,626), detailspercent). Further, as against all female WPR of which may be published State-wise, soof 25.6 percent, it is only 20.2 percent for that developmental project profiles could beSikh females and 14.14 percent for Muslim drawn.women. Report of the National Commission for Religious and Linguistic Minorities
  • 35. 31 Chapter 4 STATUS OF LINGUISTIC MINORITIES1. In order to enhance the socio-economic part representing less than half of the whole;status of the socially and economically a relatively small group of people, differingbackward amongst the religious and linguistic from others in race, religion, language orminorities and to suggest criteria for political persuasion.” According to theidentifying them and propose measures for Supreme Court judgment in DAV Collegetheir mainstreaming, it is important to know etc. v/s State of Punjab and others (SCR 688;who the ‘linguistic minorities’ are? Minorities AIR 1971 SC 1737 (5th May, 1971)) “a linguisticare generally understood as a group of people minority for the purpose of Article 30(1) is oneconstituting less than half the population which must at least have a separate spokenof a given society, who are differentiated by language; it is not necessary that the languagereligion or language and think of themselves should also have distinct script.”as a distinct group. The term “LinguisticMinorities” as such has not been defined in 3. Though not specially defined, severalthe Constitution or any other law. The term provisions of the Constitution are indicative‘Minority’ has been defined in Section 2 of the of the essential ingredients of minorities.National Commission for Minorities Act with Article 30 states “all minorities, whetherreference to the religious minorities only. based on religion or language, shall have the right to establish and administer educational2. A Special Sub-Committee on the protection institutions of their choice.” The specialof minority rights appointed by the UN characteristics of ‘religious and linguistic’Human Rights Commission in 1946 defined minorities are further elucidated by Supremethe minority as those non-dominant groups in Court through various judgments. The Hon’blea population which possess a wish to preserve Court in the matter of TA Pai Foundation andstable ethnic, religious and linguistic tradition Others vs State of Karnataka held as under:or characteristics markedly different from “Linguistic and religious minorities arethose of the rest of the population. Francesco covered by the expression “minority”Capotorti in his UN Sub-Commission under Article 30 of the Constitution. SinceStudy Report of 1977 defined minority as “a reorganisation of the States in India hasgroup numerically inferior to the rest of the been on linguistic lines for the purpose ofpopulation of a State, in a non-dominant determining the minority, the unit will beposition, whose members being national of the State and not the whole of India. Thus,the State possess ethnic, religious or linguistic religious and linguistic minorities havecharacteristics differing from those of the rest been put at par in Article 30 and have to beof the population and show, if only implicitly, a considered State-wise”.sense of solidarity directed towards preservingtheir culture, traditions, religion or language”. Further in Inamdar’s case (AIR 2005 SupremeThe Oxford Dictionary defines minority as Court, 3226) this definition has also been found“the smaller number or part; a number or to be wanting. The Apex Court has expressed Status of Linguistic Minorities
  • 36. 32the following view: exist, and at the same time, unite the people to “….. In this background arises the form one strong nation. complex question of trans-border operation of Article 30(1). Pai Foundation 6. Languages spoken in South-Asian Region has clearly ruled in favour of the State belong to at least four major language families: (or a province) being the unit for the Indo-European (most of which i.e. 74.24 purpose of deciding minority. By this percent speakers belong to its sub-branch declaration of law, certain consequences Indo-Aryan); Dravidian (with 23.86 percent follow. First, every community in India speakers); Austro-Asiatic (1.16%) and Sino- becomes a minority because in one or Tibetian (0.62%). The Wikipedia∗ figures are the other State of the country it will be slightly different with : 72 percent Indo-Aryan; in minority – linguistic or religious. What 25 percent Dravidian and only 3 percent would happen if a minority belonging people speaking Tibeto-Burman, Austro- to a particular State establishes an Asiatic and other languages. However, former educational institution in that State figures are generally endorsed by both Census and administers it but for the benefit reports and Ethanologue. Thus, biggest chunk of members belonging to that minority of languages and mother tongues belong to domiciled in the neighboring State where Indo-Aryan sub-family of Indo-European that community is in majority? Would it languages. Among the modern Indo-Aryan be a fraud on the Constitution?” languages, Hindi and Bangla happen to be the most well-known languages. The Western4. From the above, it is seen that the basic Hindi is a Midland Indo-Aryan language,characteristics of minority status are: spoken in the Gangetic plain and in the regionnumerical inferiority; non-dominant status immediately to its north and south. Aroundand stable features of distinct identity. it, on three sides are Punjabi, Gujarati and Rajasthani. The Eastern Hindi is spoken in Oudh and to its South. In the outer layer,Linguistic Demography of India there are languages such as Kashmiri, Lahnda, Sindhi, Gujarati, Marathi in the northern and5. Language is an instrument of culture and western regions and Oriya, Maithili, Bengaliidentity. It is a powerful master trait for group and Assamese in the east.identity. Therefore, language is essential inthe very survival of cultural communities. 7. While the Indian Constitution does notLanguages are also an important part of define or use the word minor or minorityany curriculum. The Constitution of India languages, (although there is a mention ofrecognises 22 major languages which put linguistic minority), as per Census of Indiatogether are spoken by a large majority of the –1961, different categories of languagespeople whereas hundreds of other languages documented in the country are listed inand dialects are spoken by the people in rural/ Table 4.1.tribal areas in the country. As against this, 1990-91 Census lists 216 motherThe essence of secularism in India is the tongues with a total number of speakersrecognition and preservation of the different 10,000 or more at all India level, grouped intotypes of people, with diverse languages and 114 languages of which 22 mentioned in thedifferent beliefs, and placing them together so Constitution are called scheduled languages.as to form a whole and united India. Articles The distribution of these languages is at once29 and 30 seek to preserve the differences that diverse, complex and unequal. Consequently,*Wikipedia – the free Encyclopedia Report of the National Commission for Religious and Linguistic Minorities
  • 37. 33 Table 4.1: Languages/Mother Tongues in the Country S.No. Description No. of Mother Total No. of Speakers Tongues 1. No. of mother tongues returns of the country. 1652 438,936,918 2. No. of mother tongues attested in Linguistic Survey 572 436,224,545 of India classification 3. No. of mother tongues not traced in Linguistic Survey 400 426,076 of India but tentatively classified. 4. No. of mother tongues attested in Linguistic Survey 50 1,908,399 of India but tentatively reclassified 5. No. of mother tongues considered unclassified. 527 62,432 6. Foreign mother tongues 103 315,466Source: Census - 1961some States irrespective of their size have 610, 320 - Census 2001). Language Census hasmore languages than others. In fact all the been a part of Indian Census and Census 1991States of India have linguistic minorities lists 216 mother tongues with a total numberand all languages are minority languages of speakers of 10000 or more at all India levelin some States, of course, of different types grouped into 114 languages. The question ofand according to the degrees of their reorganisation of States of the Indian Unionimportance. on linguistic basis led to the appointment of States’ Reorganisation Commission on8. The Census of 1990-91 has limited itself to 29.12.1953. Based on the report of thisonly those languages and/or variants that are Commission, a number of unilingual Statesspoken by 10000 or more in India and thus, were formed in the year 1956. It seems thehas left out many languages and its variants main motivating force behind this schemeout of reckoning. There are some languages of re-distribution of States’ territories wasthat are spoken by small number of speakers the idea of reducing the number of linguisticand for them this is the only language they minorities by bringing people together whoknow. Since, Article 350 A of the Constitution speak a common language. However, thedoes not distinguish between the languages reorganisation of States on linguistic basisspoken by less than 10000 persons and more could not solve all the problems of linguisticthan 10000 persons, the decision of the Census minorities simply because different States areto retain 10000 speakers as the benchmark basically multi-lingual as is evident from theis a deviation from the Constitution. For Table 4.2.example, in Minicoy Island of Lakshdweep,almost all persons speak Mahal though the 10. The reorganisation of States as politicalentire population of Minicoy Island is less and administrative units on linguistic basisthan 10000 or so are the number of speakers. also failed to reduce the conflict between theMahal, though distinct from all other majority language speakers and minoritylanguages in the region, does not find a language speakers. In fact, as reflected in themention in the Census report. First Report of the Commissioner for Linguistic Minorities:Linguistic Profile of the States and “The division of States on linguistic basisUnion Territories – some Statistics has given rise to the inevitable result that the regional language should gain prominence9. The Indian Union consists of 28 States and should in course of time become theand 7 Union Territories with a population of official language of the State. The otherapproximately more than one billion (1028, languages which are the mother-tongue Status of Linguistic Minorities
  • 38. 34 Table 4.2: Linguistic Profile of the States and UTs S.No. Name of the State/UT Main Language Minority Language 1. Arunachal Pradesh Hindi, Assamese, Adi, State Government claims that there no language Apatani, Bhoti, Champati has been recognised as a minority language. and Nishi 2. Andaman & Nicobar Hindi Bengali, Tamil, Telugu, Malayalam, Nicobari, Kurukh/Oraon 3. Assam Assamese Bengali, Sadri, Hindi, Manipuri, Mishing, Karbi, Garo, Bodo, Nepali, Hmar 4. Andhra Pradesh Telugu Urdu, Hindi, Oriya, Tamil, Kannad, Marathi. 5. Orissa Oriya Hindi, Telugu, Santhali, Kui, Urdu, Bengali, Gujarati 6. U.P. Hindi Urdu, Punjabi, Sindhi 7. Uttarakhand Hindi Urdu, Punjabi, Nepali 8. Karnataka Kannad Urdu, Telugu, Tamil, Malayalam, Marathi, Tulu, Lamani, Hindi, Konkani and Gujarati 9. Kerala Malayalam Tamil, Kannad, Konkani 10. Gujarat Gujarati Hindi, Marathi, Sindhi, Urdu, Telugu, Malayalam, Oriya, Tamil. 11. Goa Konkani Marathi, Hindi, Kannad, Urdu, Malayalam 12. Chhattisgarh Hindi Bengali, Oriya, Telugu, Marathi, Gondi, Kurukh, Halabi, Urdu 13. Jammu and Kashmir Dogri, Kashmiri Urdu, Hindi, Punjabi, Ladakhi, Balti 14. Jharkhand Hindi Bengali, Urdu, Santhali, Kharia, Mundari, Ho, Kurukh, Oriya, Kurmali, Khortha. 15. Tamil Nadu Tamil Telugu, Kannad, Urdu, Malayalam, Hindi, Gujarati 16. Tripura Bengali Hindi, Kokborok, Chakma, Mogh, Halam, Manipuri, Vishnu Priya Manipuri 17. West Bengal Bengali Hindi, Santhali, Urdu, Nepali, Oriya, Telugu. 18. Punjab Punjabi, Hindi Urdu 19. Bihar Hindi Urdu, Bengali 20. M.P. Hindi Bhili/Bhilodi,Gondi,Marathi, Urdu, Oriya 21. Manipur Manipuri Thado, Paite, Tongkhul, Hmar, Mizo, Hindi, Nepali, Mao, Kuki, Bengali 22. Maharashtra Marathi Urdu, Hindi, Gujarati, Kannad, Telugu, Bhili, Khandeshi 23. Mizoram Mizo Bengali, Tripuri, Nepali, Hindi, Hmar, Pawai, Chakma. 24. Meghalaya Garo, Khasi Assamese, Bengali, Hindi, Hajong, Nepali, Koch, Rabha, Sinteng. 25. Rajasthan Hindi Urdu, Punjabi, Sindhi, Gujarati, Bhili/Bhilodi 26. Sikkim Nepali Lepcha,Limbu,Bhotia,Hindi, Sherpa, Tamang, Newari, Gureng. 27. Haryana Hindi, Punjabi and Urdu 28. HP Hindi Lahuli, Bhoti, Punjabi, Kinnauri. 29. Chandigarh Hindi Punjabi 30. Daman & Diu Gujarati Hindi, Marathi 31. Dadra & Nagar Haveli Gujarati, Konkani Hindi, Marathi 32. Delhi Hindi Punjabi, Urdu, Sindhi, Telugu, Tamil, Bengali 33. Nagaland Ao Angami, Kuki, Lotha, Sema, Chokri, Konya 34. Pudducherry Tamil Hindi, Malayalam, French, Arabic, Telugu, Sanskrit 35. Lakshadweep Malayalam, Mahl, -----Source: Forty Second Report of the Commissioner Linguistic Minorities (2003-2004) Report of the National Commission for Religious and Linguistic Minorities
  • 39. 35 of the minority communities living in the when the constituent assembly adopted the State, naturally do not get equal prominence Constitution of India on 26th November, 1949. or status. The result is that those whose In 1951, besides the 14 languages recognised mother-tongue is the minority language in the Indian Constitution there were also have not only a sentimental grievance mentioned 23 major tribal languages and but also certain practical difficulties and 24 other minority languages in several other inconveniences from which they suffer”. official documents, including the Census. Each of these languages had over one lakh11. According to the Census of India – 1961 no speakers. However, in the later CensusState/UT in India has fewer than 12 mother documents, the population figure of 10,000tongues. The number of mother tongues in was taken as a bench mark. Since then, theredifferent States/UT ranges from 12 – 410. Thus, have been three amendments to the 8thwe find that different States of India might Schedule during the last 55 years as a resulthave been declared uni- or bilingual for political of which there are 22 languages in the 8thexigencies or administrative convenience, Schedule. Details of these languages togetherbut basically each of them is a multilingual with the number of speakers of each of theseand politically complex entity. Consequently, languages are given in Table 4.3.even if the State boundaries were drawnrigidly on the principle of uni- or bilingual Constitutional Provisions andcriteria, the problem of linguistic minorities Safeguards Promoting Linguisticwould remain unsolved. Diversity12. There were 14 languages listed in the 13. A number of provisions under the8th Schedule of the Indian Constitution Constitution provide protection of interest of Table 4.3: Scheduled Languages in Indian Constitution and their Speakers Sr.No. Languages Speakers Percentage 1. Assamese 13,079,696 1.55 2. Bengali 69,595,738 8.22 3. Bodo* 1,221,881 0.15 4. Dogri* 89,681 0.01 5. Gujarati 40,673,814 4.81 6. Hindi 337,272,114 39.85 7. Kannada 32,753,676 3.87 8. Kashmiri 56,693(outside J&K) N.A. (1991) 3,174,684 (1981 fig) 0.48% (1981) 9. Konkani 1,760,607 0.21 10. Malayalam 30,377,176 3.59 11. Manipuri 1,270,216 0.15 12. Marathi 62,481,681 7.38 13. Maithili* 7,766,597 0.93 14. Nepali 2,076,645 0.25 15. Oriya 28,061,313 3.32 16. Punjabi 2,33,78,744 2.76 17. Sanskrit 49,736 0.01 18. Santhali* 5,216,325 0.62 19. Sindhi 2,122,848 0.25 20. Tamil 53,006,368 6.26 21. Telugu 66,017,615 7.80 22. Urdu 43,406,932 5.13Source: Census of India, 1991* Bodo, Dogri, Maithili and Santhali which were Non-scheduled languages in 1991 were declared Scheduled languages in 2003 by 92ndAmendment) Status of Linguistic Minorities
  • 40. 36the linguistic minorities. These are: 15. Special provisions have also been made(1) Art. 345 of the Indian Constitution states under Articles 350A and 350B to provide smaller very clearly that “Subject to the provisions communities educational opportunities in of Articles 346 and 347, the Legislature of a their mother tongue and to appoint a special State may by law adopt any one or more of officer for linguistic minorities: the languages in use in the State or Hindi as (5) Art 350 A. Facilities for instruction in the language or languages to be used for all mother-tongue at primary stage – “It shall or any of the official purposes of that State”. be the endeavour of every State and of every (2) Article 347 is more explicit and states: local authority within the State to provide “On a demand made in that behalf, adequate facilities for instruction in the the President may, if he is satisfied mother-tongue at the primary stage of that a substantial proportion of education to children belonging to linguistic the population of the State desire minority groups; and the President may the use of any language spoken by issue such directions to any State as he them to be recognised by that State, considers necessary or proper for securing direct that such language shall also the provision of such facilities.” be officially recognised throughout (6). Art 350 B. Special Officer for linguistic that State or any part thereof for such minorities – (1) There shall be a Special purposes as he may specify.” Officer for linguistic minorities to be appointed by the President. (2) It shall be14. The right to conserve a minority language duty of the Special Officer to investigateis also provided in the Constitution under all matters relating to the safeguards“Cultural and Educational Rights” under provided for linguistic minorities under thisArticle 29 and Article 30 which read as under: Constitution and report to the President upon those matters at such intervals as theArt 29: Protection of interest of minorities: President may direct, and the President(1) Any section of the citizens residing in the shall cause all such reports to be laid before territory of India or any part thereof having each House of Parliament, and sent to the a distinct language, script or culture of its Governments of the States concerned. own shall have the right to conserve the same. 16. These provisions are unique in their(2) No citizen shall be denied admission into thoroughness and seek to accommodate any educational institution maintained by the interest of linguistic minorities. When the State or receiving aid out of State funds provisions under Articles 29 and 30 are on grounds only of religion, race, caste, considered along with other provisions in language or any of them. the Chapter of Fundamental Rights and(4) Art 30: Right of minorities to establish and elsewhere in the Constitution safeguarding administer educational institutions the rights of religious, linguistic and racial (1) All minorities, whether based on minorities, it becomes clear that the sole religion or language, shall have the purpose of these provisions is to give right to establish and administer linguistic minorities the right to preserve educational institutions of their and develop their language and to facilitate choice. teaching in mother tongue to their children (2) The State shall not, in granting aid to in early ages. But the minority status of the educational institutions, discriminate language in an area does not have a bearing any educational institution on on the social and economic status of those the ground that it is under the who speak the minority language. In fact management of a minority, whether every State has speakers of minority languages based on religion or language. though the percentage of speakers varies Report of the National Commission for Religious and Linguistic Minorities
  • 41. 37greatly from State to State. For example, 30 undermentioned five broad categories, from Apercent of the population of Tripura speaks to E as is shown in Table 4.4.minority languages but in Kerala theyconstitute a small percentage. Some States The ten States in set ‘A’ namely, Kerala, Punjab,have no regional/principal language. Thus, Gujarat, Haryana, U.P., Rajasthan, H.P., TamilNagaland and Arunachal Pradesh have a large Nadu, West Bengal and A.P. have negligiblenumber of languages but none of them is in a percentage of minor speech groups in termsposition to claim the title of regional/principal of population, with the majority languagelanguage. Meghalaya has two nearly balanced spoken by more than 85 percent inhabitantslanguages, Khasi and Garo, along with other of the State. Under set ‘B’ namely M.P., Bihar,minority languages. The States have usually Orissa, Mizoram and Maharashtra, the majoritydeclared the majority language as their official language groups are over 70 percent of thelanguage and a State may have more than one total population but one still finds a sizeableofficial language, with each language serving a linguistic minority. Set ‘C’ has States namelyspecifically designated purpose or being used Goa, Meghalaya, Tripura and Karnataka thatin a certain specified region. have been hot beds of the language tensions. In many cases this is due to the fact that they17. Based on the multi-lingual profile of have had a dominating linguistic minoritythe states, these can be grouped into the Table 4.4 Set States Major Lang. Minor Minor Others languages (Major + Two Minor) 1(%) (2%) Kerala 96.6 2.1 0.3 1.0 Malayalam (Tamil, Kannada) Punjab 92.2 7.3 0.1 0.4 Punjabi (Hindi, Urdu) Gujarat 91.5 2.9 1.7 3.9 Gujarati (Hindi, Sindhi) Haryana 91.0 7.1 1.6 0.3 Hindi (Punjabi, Urdu) U.P. 90.1 9.0 0.5 0.4 Hindi (Urdu, Punjabi) A. Rajasthan 89.6 5.0 2.2 3.2 Hindi (Bhili/Bhilodi, Urdu) H.P. 88.9 6.3 1.2 3.6 Hindi (Punjabi, Kinnauri) Tamil Nadu 86.7 7.1 2.2 4.0 Tamil (Telugu, Kannada) West Bengal 86.0 6.6 2.1 5.7 Bengali (Hindi, Urdu) A.P. 84.8 8.4 2.8 4.0 Telugu (Urdu, Hindi) M.P. 85.6 3.3 2.2 8.9 Hindi (Bhili/Bhilodi, Gondi) Bihar 80.9 9.9 2.9 6.3 Hindi (Urdu, Santali) B. Orissa 82.8 2.4 1.6 13.2 Oriya (Hindi, Telugu) Mizoram 75.1 8.6 3.3 13.0 Lushai (Bengali, Lakher) Maharashtra 73.3 7.8 7.4 11.5 Marathi (Hindi, Urdu) Goa 51.5 33.4 4.6 10.5 Konkani (Marathi, Kannada) Meghalaya 49.5 30.9 8.1 11.5 Khasi (Garo, Bengali) C. Tripura 68.9 23.5 1.7 5.9 Bengali (Tripuri, Hindi) Karnataka 66.2 10.0 7.4 16.4 Kannada (Urdu, Telugu) Sikkim 63.1 8.0 7.3 21.6 Nepali (Bhotia, Lepcha) D. Manipur 60.4 5.6 5.4 29.6 Manipuri (Thadou, Tangkhul) Assam 57.8 11.3 5.3 25.6 Assamese (Bengali, Boro/ Bodo) Arunachal 19.9 9.4 8.2 62.5 Nissi/Dafla (Nepali, Bengali) E Nagaland 14.0 12.6 11.4 52.0 AO (Sema, Konyak)Source: Census of India, 1991 Status of Linguistic Minorities
  • 42. 38group, such as Bengali speakers in Tripura, states; Kannada speaking hoteliers in Goa,Garo speaking in Meghalaya; Telugu speaking Andhra and Tamil Nadu; Hindi and Urduin Karnataka and Marathi community in speaking people in Andhra Pradesh etc.Goa. The tension in Karnataka came from Language cuts across social and economican unexpected quarter- particularly from barriers – people speaking languages enjoyingthe bordering speech community of Marathi the status of ‘majority’ or ‘minority’ can bespeakers and this as well as many other classified as socially and economically forwardtensions later had to do with control over or backward due to their differing levels ofscratch resources like Cauveri water sharing achievements. People speaking the samedispute with Tamil Nadu or land etc. Meghalaya language (linguistic minority) can be classifiedhad witnessed a similar tension due to large- under different castes, creeds, religions, etc.scale migration of Bengalis, Marwaris, Biharis For example in U.P. and Haryana where Hindiand Nepalise. In set ‘D’ States namely Assam, is spoken by majority and Urdu and PunjabiSikkim and Manipur, the linguistic tensions by minorities, the socially and economicallyhave been quite volatile due to their linguistic backwards are found among both i.e. incomposition as well as their inter group linguistic majority and linguistic minority.attitudes. Assam, unlike most of the North- Their ‘backward’ status is not due to theEast, was better integrated with mainstream language they speak, but is a net result of otherIndia prior to independence; but it has been reasons including the environment. Language,segmented number of times and has also therefore, cannot be an indicator of the socialwitnessed large scale migration of outsiders. and economic status of any community.Manipur has remained volatile and unstablebecause of a long border with Myanmar and 19. This Commission has been asked toalso due to ethnic - linguistic tensions, which suggest criterion for identifying the sociallymay be due to their linguistic composition as and economically backward classes amongstwell as inter-group attitudes. Set ‘E’ comprising the religious and linguistic minorities. AsStates of Arunachal Pradesh and Nagaland is language cuts across caste, religion, race andthe most variegated geo-space in India with people speaking the same language are foundnumerous tongues. in every socio-economic group, it cannot be taken as an indicator for backwardness.18. It is obvious from the foregoing that there is India is a multi-lingual country. It haslinguistic diversity in the country. Irrespective many languages and many more motherof the causes that have contributed to the tongues. Therefore, linguistic minoritiespresence of linguistic minorities in States, the are a unique feature of this country. As perfact remains that they have enriched the nation the Supreme Court judgment in TMA Paiculturally. However, as mentioned earlier, the Foundation and Others vs. State of Karnatakastatus of the language – minority or majority (8 (2002) SCC) linguistic minorities have to– does not determine the social and economic be determined Statewise. As the status ofstatus of those who speak the language. In the linguistic minority changes from State tofact migrant settlers belonging to a linguistic State, place to place, one family to another,minority are well to do and prosperous eg. language cannot determine the social and/Punjabi speaking migrants to District Udham or economic backwardness of the speaker.Singh Nagar of Uttarakhand; Hindi speaking Linguistic minority like the linguistic majorityMarwari traders of Rajasthan in Assam and in a State is a comprehensive whole and,other parts of North-East region, West therefore, comprises of people belonging toBengal etc; Sindhi businessmen in different each category and strata in the society. Itstates; Gujarati speaking Bohra Muslims cuts across the rich and the poor, the socially,in Maharashtra and Madhya Pradesh; Sikh economically and educationally backwardtransport operators in non-punjabi speaking and forward, the Brahmins and the Scheduled Report of the National Commission for Religious and Linguistic Minorities
  • 43. 39Castes and Scheduled Tribes and people on Linguistic Minorities was organised atbelonging to all religions. It is, therefore, Mysore by Central Institute of Indiandifficult to accept language as a criteria for Languages for the Commission. Various issuesdetermining the social and economic status pertaining to the Linguistic Minorities andof individuals or a group. minority languages were raised and discussed in the Workshop. Recommendations ofIssues Regarding Linguistic Workshop are annexed in Volume II of theMinorities Presented before the Report.Commission during State Visits Views of the Commission20. However, despite the above and unanimousview that socially and economically backwards 22. Unlike scheduled castes, scheduled tribes,cannot be identified on the basis of language, backward classes and religious minorities,this Commission in the course of its visits to linguistic minorities are not caste or class orvarious States and Union Territories made religion based. In fact, a majority community/a concerted effort to discuss the issues group in one State or district or taluka mayconcerning the linguistic minorities in each become a linguistic minority in another Stateof the State. Details of the issues raised and/ or district or taluka in the same or anotheror suggestions made by the States/UTs are State. This is basically due to migration of thecontained in the Summaries of the State Visits population from one place to the other in searchannexed in Volume II of the Report. Briefly, for a vocation or employment or otherwise.the issues raised by those representing the The persons thus migrating belong to variouslinguistic minorities in the States related to castes or communities including scheduledinadequate facilities for promoting minority castes, scheduled tribes, backward classes orlanguage in the State, vacancies in the schools of any religious group. Hence it is not possibleminority language teachers, lack of residential to prescribe any criteria based on languageschools teaching in the language of the for the identification of backward sectionsminority community etc. The absence among linguistic minorities as most of theof translators and typists in the minority backwards among them are already includedlanguage, delay in the disbursement of salaries as Scheduled Castes, Scheduled Tribes, Otherto teachers, lack of government programmes, Backward Classes or religious minoritieslack of books in the minority languages, need in each State. Other linguistic minoritiesfor inclusion of some minority languages in comprising highly educated, technical orthe 8th Schedule etc., were some of the issues skilled persons who have migrated forraised by representatives of linguistic minority employment or economic developmentcommunities across the States. or otherwise do not need any concession required by the backward sections of theThese issues relate to facilities and society. Therefore, if the benefits admissibleopportunities for development of the to the Scheduled Castes, Scheduled Tribeslanguages and not to the social and economic and backward castes available in a Statestatus of the linguistic minorities. are extended to them on their migration to another State, the problem encountered byRecommendations of Workshop on this section of the society on their migrationLinguistic Minorities held at Central to other State where they become linguisticInstitute of Indian Languages, minority will automatically get resolved. InMysore on 27 – 28 March, 2006 addition if the safeguards provided by the Constitution are implemented by the States,21. In order to ascertain the views of the the problems encountered by the linguisticexperts from across the country, a Workshop minorities will be taken care of. Status of Linguistic Minorities
  • 44. 4023. In view of the forgoing, while there is no years. Therefore, steps for enhancing the skillsjustification for making language as the basis to of the linguistic minorities including learning/determine the socio-economic backwardness teaching of the majority language need to beof the people, it was felt that in a multi-lingual emphasised. Those sections of populationsociety like ours, exclusive adherence to a whose mother-tongue is other than regional/minority language, which may be the mother- local language remain educationally backwardtongue of a section of population, does affect the and need to be given special attention forsocio-economic and educational development enhancing their educational status andof that linguistic minority specially in the initial communication skills. Report of the National Commission for Religious and Linguistic Minorities
  • 45. 41 Chapter 5 STATUS OF WOMEN AMONG MINORITIESIntroduction implementing programmes and schemes. Further, India is a signatory to all principal1. Women in India have made significant international covenants and conventions suchstrides during the past six decades entering as the Universal Declaration of Human Rightsevery field of education, and taking on the (1948) and the UN Declaration of the Rights ofchallenge of various professions. However, the Child (1959); the UN Convention on themasses of women still remain restricted by the Elimination of All Forms of Discriminationvicious circles of family expectations, gender- against Women (CEDAW) (1979); and therole discrimination, social stereotypes and Convention on the Rights of the Child (1989).stigma. Women from different socio-economicstrata have a great deal of disparity in their 3. The Indian women appear to have comelife-situations. There are also significant a long way from an obscurantist past anddifferences in women’s specific status across complete subordination to a position whereregions, caste and class, communities and theoretically they are the equals of menreligions. Status of women is a composite and there is a vast array of laws, policiesof their achievements according to various and programmes trying to contend with theindices – economic, educational, social cumulative disadvantage of women arisingand political and is also determined by the out of the predominant patriarchal family anddevelopmental status of the area. kinship structures, customs, traditions and beliefs. Yet at the level of reality, the promise2. The Constitution of India not only grants of equality and dignity remains an unfinishedequality to women but empowers the State agenda. There are gains in educationalto take special measures for protecting and participation and literacy but the gender gapsadvancing their interests in all walks of life are substantial. Women have higher longevityand making necessary legal provisions to this now but tremendously high MMR and highereffect. Accordingly, the State not only took female infant and child mortality persists inprotective discrimination/ affirmative action most parts of the country. Millions of girls andfor removing the cumulative disadvantage women are missing between each census. Theof women but also played a pro-active role child sex ratio (females per thousand males )in organising women for action. In the last in the age group 0-6 years, has touched an all60 years, the women’s status has received a time low and the entire north western regionlot of attention as reflected in the national has turned out to be a major killer of females-policies, plans, programmes and schemes born and unborn. Crimes against women areresulting in advancement of women in all on the increase with more and more laws butfields. Besides, special committees and negligible enforcement. Women are makingcommissions on women have been set up a mark in all fields among the middle classesfrom time to time resulting in policy changes and the elite. At the grass root level, the electedand setting up of institutional structures for women’s representatives are coming into their Status of Women among Minorities
  • 46. 42own, slowly but surely, but the Parliament and more alarming is the sharper decline in thethe State legislatures remain a male bastion. proportion in the age group 0-6 years. There are 0.6 crores fewer girls in this age group.4. Underdevelopment of rural areas and Besides, women and girls do more work thancertain other regions are the principal factors males but get much less than their legitimatefor educational and social backwardness of share in food, health, education and training.the socially and economically weaker amongst The traditional socialisation practices of aScheduled Castes, Scheduled Tribes, Other society with a marked son preference areBackward Classes and minorities in general highly discriminatory to the girl child not onlyand of women and girls in particular. Girls in matters of food, health care, education andand women belonging to these communities play but also succeed in making her believeare way behind their urban elite middle class that she is inferior and less competent thancounterparts. There are still wide inter and her male counterparts.intra regional disparities in development perse. There are islands of affluence (Punjab, 6. Religion acts as an important cultural factor,Haryana, Delhi) in the Indo Gangetic plains which reinforces the traditional perceptionwhich also account for bulk of the poor and the of women as subordinate to males and underilliterate of the country (Uttar Pradesh, Bihar, male control. The unequal position of womenRajasthan, Madhya Pradesh, Chhattisgarh, in the family is determined and reinforced byWest Bengal). These islands of affluence also the dictates of the organised religion. None ofdot the western coastal areas, central India the major religions – Hinduism, Buddhism,and the southern peninsula where industry Islam and Christianity ever concededis concentrated and new services are complete equality to women and have ingrowing in the information technology and fact institutionalised the secondary positionother sectors. Bulk of the higher, technical of women versus men through written andand professional educational institutions oral interpretations by the male clergy. Theare located in the south and the west, ideal of womanhood is still modelled on thewith Maharashtra, Karnataka, Andhra Brahmanical tradition and linked to a stronglyPradesh and Tamil Nadu accounting for the patriarchal culture assigning a secondarymajority of these institutions. This uneven position to women. Also within each of thedistribution of resources and opportunities religious groups, there is no homogeneity asbetween different regions gets reflected in regards women’s status. Women belonging tolarge inter and intra group disparities of the same religion might yet have very differentgender, caste, ethnicity and religion between conditions of life, which are influenced byand among regions. their earning capacity, employment, rural- urban setup, educational level, and so on.5. Apartheid of gender continues to stare at Within every minority groups, some womenus despite proactive policies and laws for girls subsist below the poverty line (BPL), whileand women. The lives of girls and women others enjoy a higher standard of living.continue to be controlled by the patriarchalbelief systems and structures which use Constitutional Provisions Regardingprescriptions and proscriptions and even Rights of Womennaked force to keep women in their place.All decisions are taken by men and all assets 7. In post independence India, a largeare owned by them. The process of gender number of constitutional and legislativediscrimination begins even before birth and measures and many forward looking policiescontinues throughout the life of a female. and programmes have been directed atThat there are 3.6 crores fewer females in the integrating all women in the mainstreampopulation of India is disturbing but even of national development. The Constitution Report of the National Commission for Religious and Linguistic Minorities
  • 47. 43of India provides certain safeguards for Directive Principles of State Policythe protection of women’s rights. These The Directive Principles of State Policy haveConstitutional provisions are intended for been the guiding beacons for social policiesthe well-being and all round development of and legislation.women of all the communities. Our laws arenot gender discriminatory and are equally Article 39 (a) - states that the State shall directapplicable both to males and females. its policy towards securing all citizens, men and women equally, have the right to an adequateFundamental Rights and Duties means of livelihood.Article 14 - confers on men and women equalrights and opportunities in the political, Article 39 (d) - directs the State to ensure equaleconomic and social spheres. pay for equal work for men and women.Article 15 - prohibits discrimination against Article 39 (e) - ensures that the health andany citizen on the grounds of religion, race, strength of workers, men and women, and thecaste and sex. tender age of children are not abused.Article 15 (3) - makes a special provision Article 39 (f ) - stipulates that children areenabling the State to make affirmative given opportunities and facilities to developdiscrimination in favour of women. in a healthy manner and in conditions of freedom and dignity and that childhood andArticle 16 - provides for equality of youth are protected against exploitation andopportunities in matters of public against moral and material abandonment.appointment for all. Article 21 provides forprotection of life and personal liberty. Article 41 - deals with right to work, to education and to public assistance in certain cases.Article 21 A - (86th Constitutional AmendmentAct 2002) makes education a fundamental Article 42 - enjoins the State to ensure just andright of all children of the age of 6-14 years. humane conditions of work and maternity relief.Article 23 - prohibits traffic in human beingsand forced labour. Article 45 - (amended in 2002) gives a directive to the State to provide early childhood careArticle 24 - prohibits employment of children and education for all children till they attainin factories etc. the age of six years.Article 51- makes it a fundamental duty Through Article 47 - the State is furtherof all Indian citizens to promote harmony committed to raising the nutritional levels,and the spirit of common brotherhood health and living standard for the people.amongst all the people of India transcendingreligious, linguistic and regional and sectional 8. It may be seen from the above, India has onediversities, to renounce practices derogatory of the most impressive sets of laws for womento the dignity of women. and children/girls and yet little is known about them either by women themselves or by men.Article 51 A - (k) in part IV-A makes it a duty ofa parent or a guardian to provide opportunities 9. Laws in India by and large cover thefor education to his child or, as the case may be, women belonging to each and every religiousward between the age of 6 and 14 years. community. However, there is one notable Status of Women among Minorities
  • 48. 44exception. This is in the realm of personal method adopted by the Commission to hearlaws, that is the laws governing marriage, individual grievances. Out of 41 pieces ofdivorce, inheritance, child custody and legislation having direct bearing on women,maintenance etc. Since different religious the Commission reviewed and suggestedcommunities display wide variations in their remedial legislative measures in 32 Acts andpersonal beliefs and customs, it was considered forwarded the same to the Government forappropriate to respect the differences and necessary action, besides drafting a Bill onmake personal laws commensurate with the Sexual Harassment at the Work Places andcustomary practices within each community. a Bill on SAARC Regional Convention forThese laws have been framed keeping in mind Prevention and Combating Traffickingthe varied religious beliefs, since India is a in Women and Children. The NCWmulti-religious country. From time to time, has suggested a draft Bill entitledthere are some changes in the personal laws ‘Compulsory Registration of Marriages Bill,governing different communities. Often, these 2005’, for consideration to the Government.changes are suggested by members of the It has also proposed amendments to the lawscommunities themselves, including women of relating to rape.the communities. Human rights organisationsand women’s groups have suggested Ministry of Women and Childappropriate changes in the various personal Developmentlaws. A Common Civil Code governing personal 11. The Ministry of Women and Childlaws for all the communities has been mooted Development is the nodal agency forin the Directive Principles of State Policy all matters pertaining to the welfare,(Article 44). This is a sensitive issue and has not development and empowerment of womenbeen handled adequately by any government and children in the country and is responsibleso far. Registration of all marriages is perhaps for the formulation and implementation ofthe very first step in ensuring justice to women women specific programmes in the areas ofwho are at times not even able to establish the economic rehabilitation of women from thevalidity of a religious marriage. weaker sections of society through training and employment; better employmentInstitutional Arrangements to avenues for women to bring them intoSafeguard the Interest of Women the mainstream of national development; provision of short stay homes for women inNational Commission for Women difficulties, together with support services10. The National Commission for Women of counselling, medical care, guidance and(NCW), a statutory body set up in 1992, treatment and development of skills; andsafeguards the rights and interests of women. provision of preventive and rehabilitativeIt continues to pursue its mandated role services to women and children who areand activities; viz. safeguarding women’s victims of atrocities and exploitation. Therights through investigations into individual schemes/programmes of the Ministry arecomplaints of atrocities; sexual harassment implemented mainly with the support ofof women at the work place; conducting State Governments, other GovernmentParivarik/Mahila Lok Adalats, legal awareness agencies and non-Governmentalcamps; review of women-specific and women- organisations The thrust of all theserelated legislation; investigation into denial programmes is two pronged. Firstly, it isof rights etc., and takes suo moto remedial specific in the sense that certain programmesaction to restore women’s legitimate rights. cater to women only as beneficiaries.Ensuring custodial justice is another Secondly, there are other programmes thatimportant function. Open Adalats (public help in mainstreaming and integrating themhearing) is the most innovative and effective into society. Report of the National Commission for Religious and Linguistic Minorities
  • 49. 45Demographic Profile of Women Sikhs, Buddhists and Jains maintainedAmong Minorities a reverse trend of declining proportion of females (within total population of females12. The Demographic Profiles of Women of minority groups). Between 1961 and 2001,Among Minorities indicate their growth in the this ratio decreased from 15.6 to 12.9 percentpopulation, sex ratio, literacy and education for Christian women; from 10.5 to 9.6 percentstatus, livelihood patterns and health status for Sikh women; from 4.7 to 4.1 percent foras per the details given in the succeeding Buddhist women; and from 2.8 to 2.2 percentparagraphs. for Jain women. The increasing share of Muslim women (within total populationPopulation Growth of women of minority groups) could beTable 5.1 shows the growth of Women attributable to the relatively high fertilitypopulation community-wise from 1961 to rate among Muslims, as well as the better sex2001. ratio in the Muslim community as compared to the sex ratio figures for ‘all religious13. As is evident from Table 5.1, population communities’.of women belonging to Religious Minoritieshas been on increase and gone up from 14. With the exception of Parsis, all the other16.1 percent in 1961 to 18.9 percent in minority groups have shown an increasing2001. However, community-wise analysis trend in their absolute numbers, while theirindicates that there have been variations percentages within the Religious Minoritiesfrom decade to decade. Among Muslim varied from group to group and decade tofemales, from 1971 onwards there is a trend decade. In the case of Zoroastrians (Parsis),of increasing percentage share in the total the figure of around 76382 in the 1991 Censusfemale population of minority groups. has come down to 69601 in the 2001 Census,The share of Muslims females (within comprising of 33949 males and 35652total population of females of minority females. There is a clear visible but extremelygroups) rose from 66.3 percent in 1971 to 71.1 unfortunate decline of a rich civilization ofpercent in 2001. As against this, Christians, Zoroastrians and its people.Table 5.1: Growth of Women Population Community-wise from 1961 to 2001 along with their Percentage to the Population of their Community (figures in crores) Females 1961 1971 1981 1991 2001 Number Percen- Number Percen- Number Percen- Number Percen- Number Percen- tage tage tage tage tage All 21.29 - 26.40 - 32.13 - 40.33 - 49.64 - Communities Religious 3.41 16.1 4.44 16.8 5.45 16.9 7.11 17.6 9.39 18.9 Minorities Muslims 2.26 66.3 2.94 66.3 3.65 66.9 4.89 68.8 6.68 71.1 Christians 0.53 15.6 0.70 15.9 0.80 14.8 0.97 13.8 1.20 12.9 Sikhs 0.36 10.5 0.48 10.8 0.61 11.2 0.76 10.8 0.90 9.6 Buddhists 0.16 4.7 0.18 4.2 0.23 4.2 0.31 4.4 0.39 4.1 Jains 0.10 2.8 0.12 2.8 0.15 2.8 0.16 2.3 0.20 2.2 Zoroastrians - - - - - - - 0.01 - 0.007 (Parsis)Source: Census 2001 Status of Women among Minorities
  • 50. 46Sex Ratio Literacy Rate 17. While Table 5.3 indicates the overall literacy Table 5.2: Sex Ratios Community-wise rate and female literacy rate of different (per thousand population) communities/castes, Table 5.4 gives female 0-6 Years literacy details in rural and urban areas. All Ages All Communities 933 927 18. Literacy and education attainment levels Hindus 931 925 of education among women belonging to Muslims 936 950 different communities vary and are the highest Christians 1,009 964 among Jains followed by Christians, Sikhs, Sikhs 893 786 Buddhists and lowest among the Muslims. Buddhists 953 942 Jains 940 870 Table 5.3: Overall Literacy Rate and Female Other religions 992 976 Literacy Rate among different CommunitiesSource: Census 2001 (in percent)15. Data from Census 2001 as indicated in Religion Overall Female Community/castes Literacy Rate Literacy RateTable 5.2 shows that Christians account forthe highest sex ratio of 1009 females to 1000 All India 64.84 53.67males in ‘All Age’ groups at ‘All India’ level, Hindu 65.09 53.21while Sikhs have the lowest sex ratio of 893. Muslim 59.13 50.09The other minorities i.e. Muslims, Buddhists Christian 80.25 76.19and Jains maintain levels slightly above Sikh 69.45 63.09the national average of 933 — that is, 936 Buddhist 72.66 61.69for Muslims, 953 for Buddhists and 940 for Jain 94.08 90.58Jains. The category ‘Other Religions’ exhibits Other religions 47.02 33.19a high sex ratio i.e. 992. However, those Scheduled Castes 54.7 41.9belonging to the majority religion, i.e. Hindus, Scheduled Tribes 47.1 34.76exhibit the lowest sex ratio i.e., 931. Source: Census 200116. In respect of child sex ratio (number of Table 5.4 : Overall Literacy Rate and Femalefemale to male children in the age group Literacy Rate among different Communities0-6 years), the ‘All India’ figure is 927. The in Rural and Urban Areas2001 Census reveals the alarming trend of (in percent)declining child sex ratio. This trend is present Communities Literacy Rate Literacy Ratein all the communities, though there are (Urban) (Rural)marked variations. Among the minorities, the Overall Female Overall FemaleChristians claim the highest child sex ratio Literacy Literacy Literacy Literacyof 964, while Sikhs reveal the lowest ie 786. Rate Rate Rate RateThe 0-6 sex ratios among Muslims and All India 58.74 46.13 79.92 72.86Buddhists are higher than the national Hindu 59.06 45.75 81.32 73.90average of 927 – it is 950 among Muslims, and Muslim 52.73 42.66 70.07 63.17942 among Buddhists. For Jains, however, the Christian 74.55 69.65 90.90 88.260-6 sex ratio is 870, which is much lower than Sikh 64.21 57.15 83.56 79.18the national average. Hindus have reported a Buddhist 66.93 54.56 81.60 72.91child sex ratio of 925, which is a little lower Jain 87.47 80.34 96.13 93.75 than the national average. The ‘Other Religions’, Others 43.85 29.52 75.29 66.48however, have a child sex ratio of 976, which is religionsthe highest among all the categories. Source: Census 2001 Report of the National Commission for Religious and Linguistic Minorities
  • 51. 47The Jains have the highest overall literacy is highest (27.11 percent) comprising 17.33rate of 94.08 percent and among women percent in urban areas and 28.65 percent inof this community literacy rate is 90.58 rural areas. Among the six major religions atpercent. As against this, overall literacy rate of the national level, the maximum gender gapMuslims is 59.13 percent and their female between male and female literacy is amongliteracy rate is 50.09 percent. However, among Hindus (23 percent) followed by Buddhistsother religion category the overall literacy (21.4 percent) and Muslims (17.5 percent).rate (47.02 percent) as well as female literacyrate (33.19 percent) and overall literacy rate Education Levelof Scheduled Castes and Scheduled Tribes are 21. As is seen from the Table 5.6 educationalalso lower than Muslims. levels among women of different communities and castes reveal that in upto Primary Level,19. Further, the literacy rate among women of women belonging to other religion categorydifferent communities is higher in urban areas have the highest rate (92.5 percent), followedand lower in rural areas. This may be due to by Scheduled Tribes (89.39 percent), Muslimsbetter educational facilities and infrastructure (87.97 percent), Scheduled Castes (85.9available in urban areas. percent) and Buddhists (79.31 percent). Women belonging to Jains (42.52 percent) have theGender Gap in Literacy Rate lowest rate, followed by Sikhs (55.95 percent).20. Table 5.5 indicates the Gender Gap in the At the Secondary Level, women belongingLiteracy Rate in Rural and Urban Areas. The to Jains have highest rate (20.73 percent),overall gap in male and female literacy rate followed by Sikhs (18.75 percent) and Christiansof all communities as per Census 2001 is 21.5 (17.19 percent). The lowest rate is amongpercent comprising 24.57 percent in rural women of Scheduled Tribes (6.00 percent),areas and 13.41 percent in urban areas. Both followed by Scheduled Castes (7.66 percent)men and women among Jains have very high and other religion category (9.36 percent).literacy rate of 97.4 percent and 90.6 percentrespectively at the national level and the Table 5.6: Educational Levels among Womenoverall gender gap in this community is lowest of different Communities Castes and Tribes(6.82 percent) followed by Christians (8.18 (in percent)percent) and Sikhs (12.14 percent). As against Womenthis in other religion category gender gap Community/ Upto Secondary Senior Castes Primary Level secondary Level@ LevelTable 5.5: Gender Gap in the Literacy Rate in All religions 75.77 12.5 5.9 Rural & Urban Areas Hindus 75.6 12.51 5.95 (in percent) Muslims 87.97 9.53 3.85 Communities/ Overall Gender Gender Christians 60.76 17.19 9.47 Castes Gender Gap in Gap in Sikhs 55.95 18.75 7.38 Gap Rural Urban Areas Areas Buddhists 79.31 12.55 6.28 All Communities 21.59 24.57 13.41 Jains 42.52 20.73 12.76 Hindu 22.95 25.90 14.04 Other religions 92.5 9.36 3.6 Muslim 17.47 19.67 13.11 Scheduled 85.9 7.66 3.49 Castes* Christian 8.18 9.83 5.38 Scheduled 89.39 6.00 2.45 Sikh 12.14 13.49 8.32 Tribes* Buddhist 21.44 24.25 16.91 Source: Census 2001 Jain 6.82 13.89 4.64 *SC & ST figures are based on Selected Educational Statistics: 2003- 2004 Other religion 27.61 28.65 17.33 @ Includes Literate Without Education, below Primary level and PrimarySource: Census 2001 level Status of Women among Minorities
  • 52. 4822. At the Senior Secondary level, the highest Table 5.7: Work Participation Rate amongrate is among Jain women (12.76 percent), different Communitiesfollowed by Christians (9.47 percent) and Sikhs (in percent)(7.38 percent). The lowest percentage is among Communities/ Male Femalewomen belonging to Scheduled Tribes (2.45 Castespercent), followed by other religion category (3.6 All Communities 51.7 25.6percent) and Scheduled Castes (3.49 percent). Hindus 52.4 27.5 Muslims 47.5 14.1Drop-out Rates Christians 50.7 28.723. The drop-out rate indicates the wastage Sikhs 53.3 20.2of school education and tends to undermine Buddhists 49.2 31.7benefits of increased enrolments. According to Jains 55.2 9.2the “Educational Statistics”, published by the Other religions 52.5 44.2Ministry of Human Resource Development, Source: Census 2001during 1999-2000, out of students enrolledin classes I to V, over 40 percent dropped out.Similarly, out of students enrolled in classes I to As is evident from the Table 5.7, femaleVIII over 55 percent dropped out. The drop out Work Participation Rates are uniformly lowerrate in classes I-X was over 68 percent. Further, than males and their proportion also variesthe drop out rate has been higher for girls. community-wise.24. Main reasons for dropping out from The proportionate share of differentschools could be inability of students to cope Minority Communities among differentup with the studies or lack of interest among category of workers is indicated inparents in the education of their children or Table 5.8.economic considerations, like compulsion towork for augmenting family income or need 26. It is seen from the Table 5.8 that amongfor looking after younger siblings or unfriendly Jains (55.50 percent) and Buddhists (51.46atmosphere in the schools etc. Among girls in percent), there is a high proportion of femalerural areas, these factors mostly accounted for agricultural labourers, followed by Christianshigh dropouts. (46.08 percent). Sikhs (29.66 percent) and Christians (29.13 percent) constitute largeWork Participation Rate numbers of women workers in other category,25. According to Census 2001,Work Participation followed by Buddhists (21.85 percent).Rate among Women or percentage of women Christians (41.86 percent) and Buddhistsworkers to total population for all religious (41.52 percent) comprise women cultivatorscommunities is 25.6 percent. However, the on own land. In the household industry, Sikhsother religion category has higher work (76.55 percent), Christians (59.51 percent)participation rate of 44.2 percent among and Buddhists (59.35 percent) women havewomen followed by Buddhists (31.7 percent), higher proportion, followed by MuslimChristians (28.7 percent), Hindus (27.5 women (51.48 percent). In other religionpercent) and Sikhs (20.2 percent). The lowest category, majority of the women are engagedwork participation rate among women is in in household industry (63.10 percent) andthe Jain communities (9.2 percent) followed as agricultural labourers (56.95 percent).by Muslims (14.1 percent). The community- Comparatively large number of womenwise work participation rate among women workers in other workers category belongof different communities is indicated in to Sikhs (29.66 percent), Christians (29.13Table 5.7 percent) and Buddhists (21.85 percent). Report of the National Commission for Religious and Linguistic Minorities
  • 53. 49 Table 5.8: Distribution of Category of Women Workers among different Communities (in percent) Communities Cultivators in own Agricultural Household Industry Other Workers land (CL) labourers (AL) (HHI) (OW) All Religious 32.91 46.31 48.43 18.30 communities Hindu 33.69 48.00 47.22 18.57 Muslim 23.04 30.38 51.48 12.37 Christians 41.86 46.08 59.51 29.13 Sikhs 15.15 28.02 76.55 29.66 Buddhists 41.52 51.46 59.35 21.85 Jains 26.00 55.50 33.42 9.27 Other religions 41.62 56.95 63.10 28.96Source: Census 2001Health Status and Other Backward Classes (76.0 percent).Infant and Child Mortality Rate Among Hindus, infant mortality rate is 77.127. Infant and child mortality rate among percent. However, the Census figures fordifferent communities and caste are indicated infant mortality rate in 2001 are very high,vide Table 5.9. compared to NFHS-II (1988-89) data, i.e. 99 for Hindus, 95 for Muslims, 77 for Christians28. Among religious communities, Jains have and 82 for Sikhs. The position in respectthe lowest infant mortality rate (46.7 percent), of child mortality rates among differentfollowed by Christians (49.2 percent), Buddhist/ communities/castes also reflect similarNeo-Buddhist (53.6 percent) and Muslims picture. Mortality rate differentials may be due(58.8 percent). Infant Mortality Rate is to factors other than religion alone e.g. urbanhighest among Scheduled Castes (83.0 or rural residence or economic conditionspercent), Scheduled Tribes (84.2 percent), of the family or availability of health amenities, etc. Table 5.9: Infant and Child Mortality Rate 29. According to Table 5.10, Kerala (14) indicates among different Communities and Castes the lowest Infant Mortality Rate, followed by (in percent) Mizoram (19), Goa (21), Pudducherry (22) Community/Caste Infant Child and Manipur (25). Orissa has the highest mortality mortality rate Infant Mortality Rate (97), followed by rate Madhya Pradesh (90), Uttar Pradesh (84) and Hindu 77.1 32.4 Chhattisgarh (78). Muslim 58.8 25.4 Christian 49.2 19.7 30. Generally, it may be inferred that Infant Sikh 53.3 12.3 Mortality Rate has gone down due to improved Jain *(46.7) *(11.3) access to immunisation, health care and Buddhist/Neo-Buddhist 53.6 14.1 nutrition. Integrated Child Development No religion *(77.6) *(77.2) Services (ICDS) Programmes have contributed Scheduled castes 83.0 39.5 significantly in arresting infant mortality through Scheduled tribes 84.2 46.3 strong inputs of Universal Immunisation Other Backward Class 76.0 29.3 Programme (UIP) and Mother and Child HealthSource: NFHS-II 1998-99 Services.*Based on 250-499 children surviving to the beginning of the ageinterval Status of Women among Minorities
  • 54. 50Table 5.10: State-wise and Area-wise Details Maternal Mortality Ratio of Infant Mortality Rate 1999 31. According to World Health Organisation, S. Name of the Urban Rural Total worldwide about 5 lakh women die every year No. State Infant Infant Infant from pregnancy and childbirth related causes Mortality Mortality Mortality and most of these deaths occur in developing Rate Rate Rate countries. 1. Andhra 37 75 66 Pradesh 2. Assam 36 79 76 32. According to National Family Health 3. Bihar 55 64 63 Survey – II (NFHS-II) Maternal Mortality 4. Gujarat 45 70 63 Ratio is 540 deaths for 1 lakh live births as 5. Haryana 58 70 68 against Maternal Mortality Ratio of 424 deaths 6. Karnataka 24 69 58 for 1 lakh live birth reported in National 7. Kerala 16 14 14 Family Health Survey-I (NFHS-I), suggesting 8. Madhya 55 96 90 a considerable increase in the Maternal Pradesh Mortality Ratio in the country. 9. Maharashtra 31 58 48 10. Orissa 65 100 97 33. Further, in both National Family Health 11. Punjab 39 57 53 Survey-I (NFHS-I) and National Family Health 12. Rajasthan 59 85 81 Survey-II (NFHS-II), the rural Maternal 13. Tamil Nadu 39 58 52 Mortality Ratio is much higher than urban 14. Uttar Pradesh 66 88 84 Maternal Mortality Ratio (434 compared with 15. West Bengal 40 55 52 385 in National Family Health Survey-I and 619 16. Arunachal 10 45 43 compared with 267 in National Family Health Pradesh Survey-II). This finding suggests the need for 17. Chhattisgarh 47 95 78 ensuring that all pregnant women receive 18. Goa 17 23 21 adequate antenatal care during pregnancy 19. Jharkhand 48 76 71 and that deliveries take place under hygienic 20. Himachal 38 63 62 condition with assistance of trained medical Pradesh practitioners. 21. Jammu & N.A. N.A. N.A. Kashmir 22. Manipur 24 22 25 34. Presently, the average Maternal Mortality Ratio is 407 deaths per one lakh live births. 23. Meghalaya 33 59 56 NFHS-II speaks of the devastating neglect, 24. Mizoram 14 22 19 inadequate structures and institutions for safe 25. Nagaland 16 N.A. N.A. delivery. Major causes of maternal mortality 26. Sikkim 33 50 49 are associated with unsafe abortions, ante- 27. Tripura 33 43 42 partum and post-partum haemorrhage, 28. Uttarakhand 27 75 52 anemia, obstructed labour, hypertensive 29. Andaman & 9 30 25 Nicobar disorders and post-partum sepsis. 30. Chandigarh 27 36 28 31. Dadar & 7 61 56 35. Another contemporary health related Nagar Haveli issue is that of HIV-AIDS which are reportedly 32. Daman & Diu 36 34 35 spreading rapidly in the country. Currently, 33. Delhi 31 33 31 HIV infection in the general population is 34. Lakshdweep 37 26 32 seen in all States both in the urban and 35. Pudducherry 15 32 22 rural areas. Available data from sentinel Total 44 75 70 surveillance suggests that over the last twoSource: Director of Census operation, Chennai-1999 decades, there has been a slow but progressive Report of the National Commission for Religious and Linguistic Minorities
  • 55. 51rise in the prevalence of infection in all groups Place of Deliveryin all States. The estimated number of HIV 38. As may be seen from the Table 5.12, amonginfected persons rose from 3.5 million in 1998 Hindus, Muslims, Sikhs, no religion category,and to 3.9 million in 2000 and to 5.3 million Scheduled Caste, Scheduled Tribes and Otherin 2003, of whom more than 50 percent of Backward Classes, more than 50 percentinfected persons are women and children. deliveries took place at home. Against this,Every year, approximately 30,000 deliveries in among Christians and Jains most deliveriesIndia occur among sero-positive women and took place at Health Facility Centresbetween 6,000 and 8,000 infants are perinatally comprising both government hospitals andinfected with HIV. private institutions. Large number of deliveries in private institutions may be due to the betterAntenatal Check-ups economic conditions of these communities or36. Based on NFHS II Survey of 1998-99, because of their being urban based. Amongstatus of ante-natal check-up among different those who remained at home for deliverycommunities/castes is given in Table 5.11. without the care of medical personnel, proportion was more among Scheduled37. As may be seen from the above, more Tribes, no religion Category, Scheduledthan one-third of women among Scheduled Castes, Muslims, Hindus and Other BackwardTribes, Scheduled Castes, Muslims, no Classes.religion category, Other Backward Classes andHindus have not gone for antenatal checkups. Nutritional Status of WomenFacility of doctors has been availed of by all 39. The weight and height data were usedthe communities and castes but largely by by NFHS-II to assess the nutritional statusJains, Buddhists and Christians. As against of women among different communities asthis, facility of other health professional and indicated in Table 5.13.traditional birth attendants has been availedof by all communities and castes, though by a 40. The height of an adult is an outcome of severalsmall percentage of population. factors including nutrition during childhood Table 5.11: Status of Antenatal Check-ups among Different Communities and Castes (in percent) Antenatal Antenatal check-up outside home No Missing Total Check up from: Antenatal only at Doctor Other Traditional check up home health birth from professional attendant, Health other WorkerHindu 6.2 47.2 11.2 0.2 34.5 0.6 100Muslim 3.3 50.7 8.5 0.4 36.4 0.7 100 Christian 3.0 73.4 7.5 0.2 15.4 0.4 100Sikh 1.3 44.7 29.0 0.0 24.9 0.1 100Jain 3.1 84.7 6.5 0.0 5.7 0.0 100Buddhist/Neo-Buddhist 1.4 74.9 9.2 0.0 14.5 0.0 100No religion 10.0 53.7 0.7 0.0 35.6 0.0 100Scheduled Castes 5.9 41.7 13.3 0.2 38.2 0.6 100Scheduled Tribes 10.0 34.7 11.5 0.3 43.1 0.4 100Other Backward 5.9 48.9 9.6 0.2 34.8 0.6 100ClassesSource: NFHS-II 1998-99 Status of Women among Minorities
  • 56. 52 Table 5.12: Details Regarding Place of Delivery among different Communities, Scheduled Castes and Scheduled Tribes (in percent) Community/Caste Place of delivery Total Health facility/institution Home Public NGO/trust Private Own home Parents’ Other home Hindu 16.4 0.6 15.9 53.5 12.5 1.1 100. Muslim 14.1 0.9 16.5 55.7 11.8 1.0 100. Christian 19.8 2.6 32.0 35.0 10.2 0.4 100. Sikh 10.8 0.9 35.3 45.4 7.3 0.4 100. Jain 12.4 1.6 57.6 25.5 3.0 0.0 100. Buddhist/Neo- 38.9 0.0 16.3 30.5 14.0 0.4 100. Buddhist No religion 7.9 0.0 11.1 78.5 2.6 0.0 100. Scheduled Castes 16.0 0.5 10.3 60.1 12.0 1.1 100. Scheduled Tribes 10.7 0.7 5.7 70.4 11.4 1.1 100. Other Backward 16.3 0.8 19.0 49.8 13.0 1.1 100. ClassesSource: NFHS-II 1998-99 Table 5.13: Nutritional Status of Women among different Religious Communities and Castes Community/Caste Height Weight for height Mean height (cm) Percentage below Mean Body Mass Percentage with BMI 145 cm Index (BMI) below 18.5 kg/m2 Hindu 151.1 13.5 20.1 36.9 Muslim 151.5 12.3 20.5 34.1 Christian 152.1 10.3 21.4 24.6 Sikh 155.0 3.9 23.0 16.4 Jain 153.6 7.6 23.4 15.8 Buddhist/Neo- 149.9 17.3 20.4 33.3 Buddhist No religion 149.8 24.1 20.6 34.5 Scheduled Castes 150.3 17.0 19.5 42.1 Scheduled Tribes 150.8 13.5 19.1 46.3 Other Backward 151.0 13.5 20.2 35.8 ClassesSource: NHFS-II 1998-9and adolescence. While the cut off point for Jain women are taller, on average, than womenheight below which a woman can be identified in any other group. Though, 13 percent of theas nutritionally at risk, varies among population, women in different age groups are under 145it is usually considered to be in the range of 140- cms in height, yet the percentage of women150 centimeters. NFHS-II found 151 centimeters who are below 145 cms varies most by religion,as mean height for women in India. The mean ranging from 4-8 percent for Sikhs and Jains toheight varied only slightly (between 150-155 24-25 percent for women with other religions/nocms) for women in different population groups, religions. By caste/tribe, 17 percent of Scheduledas is clear from the Table 5.13. Sikh women and Castes women are likely to be short. Report of the National Commission for Religious and Linguistic Minorities
  • 57. 5341. The Body Mass Index (BMI) defined as Table 5.14: Use of Contraceptives bythe weight in kilograms divided by the height different Communities Scheduled Castes,in meters squared (kg/m2), for women in Scheduled Tribes and OtherIndia is 20.3 (varying within narrow range of Backward Classes (in percent)19-23 for different groups). Chronic energydeficiency is usually indicated by a BMI of less Community/ Any Female Malethan 18.5. More than 36 percent of women in Caste method sterilisation sterilisationdifferent age groups have a BMI of less than Hindu 49.2 36.2 2.118.5, indicating a high prevalence of nutritional Muslim 37.0 19.6 0.8deficiency. As is evident from the Table 5.13, Christian 52.4 36.5 2.1nutritional problems are particularly serious Sikh 65.2 30.2 1.6among women from ‘other’ religions, Muslims, Jain 65.1 42.3 1.4Buddhists, Scheduled Castes, Scheduled Buddhist/ Neo- 64.7 52.5 5.0Tribes and Other Backward Classes. Buddhist No religion 30.1 16.7 0.0Use of Contraceptives Scheduled 44.6 34.4 1.9 Castes42. Based on NFHS – II Survey, 1998-99, status Scheduled 39.1 28.8 3.1of use of contraceptives among different Tribescommunities and castes is given in Table 5.14. Other 46.8 37.2 1.6 Backward Classes43. As may be seen from the above, use of Source: NFHS-II 1998-99contraceptive is more among Sikhs, Jains,Buddhists and Christians. As against this,use of contraceptives is least among Muslims Similarly, average number of children everfollowed by no religion category, Scheduled born to married women of 40-49 years areTribes, Scheduled Castes, Other Backward highest among Muslims (5.72) followed byClasses and Hindus. Further, male sterilisation Scheduled Castes (4.85), Scheduled Tribesis adopted by very few among all communities (4.74), Other Backward Classes (4.43), Hindusand castes. However, male as well as female (4.34), and Buddhists (4.05) with lowest figuresterilisation is lowest among no religion of 3.32 among Jains.category and Muslims as compared to highestfemale sterilisation among Buddhists. 46. Based on the analysis in the preceding paragraphs, the following observationsFertility Rate among different Religious emerge:Communities/Castes44. The Total Fertility Rate (TFR), and the 46.1. The population of women belonging tomean number of children ever born to women religious minorities has been on increase andof age 40–49 by religious communities and gone up from 16.1 percent in 1961 to 18.9 percentcastes are given in Table 5.15. in 2001. Community-wise analysis indicates that there have been variations from decade45. As is evident from the data in Table 5.15, to decade. While the share of Muslim femalestotal fertility rate is very high, among no in the total women population of minoritiesreligion category (3.91 percent) Muslims (3.59 has increased from 66.3 percent in 1971 topercent), Scheduled Castes (3.15 percent) and 71.1 percent in 2001, there has been declineScheduled Tribes (3.06 percent). Total fertility in the share of female population belonging torate is lowest among Jains (1.9 percent). In Christians, Sikhs, Buddhists and Jains.other communities, total fertility rate rangesbetween 2.26 percent among Sikhs to 2.83 46.2. Among Parsis there has been declinepercent among Other Backward Classes. in their total population as well as women Status of Women among Minorities
  • 58. 54 Table 5.15: Total Fertility Rate among 46.6. Work participation rate among Buddhist different Communities, Scheduled Castes, women is highest (31.7 percent) and lowest Scheduled Tribes, etc. among Jains (9.2 percent) against the average (in percent) for all religious communities (25.6 percent). Community/Caste Total Mean number Female Work participation rates are lower Fertility Rate of children ever than male work participation rate and born to ever married women their proportion varies from community to age 40–49 community. years Hindu 2.78 4.34 46.7. Out of the women belonging to minority Muslim 3.59 5.72 communities, percentage of women of Christian 2.44 3.47 other religious categories is (41.62 percent), Sikh 2.26 3.59 followed by Christian women (41.86 percent) Jain 1.90 3.32 and Buddhist women (41.52 percent) are Buddhist/Neo- 2.13 4.05 cultivators in own land. Majority of the Buddhist women from other religions (56.95 percent) No religion 3.91 *(5.62) followed by Jain women (55.50 percent) Scheduled Castes 3.15 4.85 and Buddhist women (51.46 percent) are Scheduled Tribes 3.06 4.74 agricultural labourers. Highest number of Other Backward 2.83 4.43 Sikh women (76.55 percent), followed by Classes Christian women (59.51 percent), BuddhistSource: NFHS-II 1998-99*Based on 25-49 unweighted cases (59.35 percent) and Muslim women (51.48 percent) are engaged in household industries.population from 76382 in 1991 (Males – 37736, In other works category the highest number isFemales – 38646) to 69601 in 2001 (Males – that of Sikh women (29.66 percent), followed33949, Females – 35652). by Christian women (29.13 percent), other religion women (28.96 percent) and Buddhist46.3. Christians account for highest sex ratio of women (21.85 percent).1009 for females to 1000 males in all age groups.However, in 0-6 years age group other religions 46.8. Among Hindus, infant and childhave highest sex ratio of 976 girls to 1000 boys. mortality rates are higher (77.1 percentLowest sex ratio is among Sikhs – 893 females to and 32.4 percent respectively) than other1000 males in all age group and 786 girls to 1000 communities. Christians account for lowestboys in 0-6 years age group. infant and child mortality rates (49.2 percent and 19.7 percent respectively). Among Muslims,46.4. Jains have the highest female literacy infant mortality rate (58.8 percent) and Childrate of 90.58 percent comprising 93.75 in Mortality Rate (25.4 percent) are higher thanurban areas and 80.34 percent in rural areas. other minorities. However, infant mortalityAs against this, other religions have the lowest rate and child mortality rates are higher amongfemale literacy rate of 33.19 percent. The Scheduled Castes (83.0 percent and 39.5female literacy rate among Muslim is 50.09 percent respectively) and Scheduled Tribespercent which is higher than other religions, (84.2 percent and 46.3 percent respectively).Scheduled Castes and Scheduled Tribes. Persons belonging to other backward class and no religion group also exhibit higher46.5. The gender gap in literacy rate is highest infant mortality rate and child mortality rate asamong other religious (27.61 percent) and compared to other communities.lowest among Jains (6.82 percent), followed byChristians (8.18 percent). Gender gap in literacy 46.9. The status of Total Fertility Rate (TFR)rate is higher in rural areas than urban areas. among different communities, Scheduled Report of the National Commission for Religious and Linguistic Minorities
  • 59. 55Castes and Scheduled Tribes, etc. indicates of other health professional and traditionalthat Total Fertility Rate is highest among no birth attendants these have been availed of byreligion category (3.91 percent), followed by communities/castes though their percentage isMuslims (3.59 percent), Scheduled Castes (3.15 quite low.percent) and Scheduled Tribes (3.06 percent).Jains registered the lowest total fertility rate 46.12. As regards child birth deliveries,(1.90 percent), followed by Buddhists (2.13 Christians and Jains preferred health facilitypercent) and Sikhs (2.26 percent). As regards centres/hospitals. More than 50 percent ofaverage number of children ever born to ever deliveries of other communities took place atmarried women of 40-49 years age, Muslims home. This was proportionately more amongindicate the highest percentage (5.72 percent), Scheduled Castes, Scheduled Tribes, no religionfollowed by no religion category (5.62 percent), category, Muslims, Hindus and Other BackwardScheduled Castes (4.85 percent) and Scheduled Classes category.Tribes (4.43 percent) 46.13. Use of contraceptive is more among46.10. Nutritional status of women belonging Sikhs, Jains, Buddhists and Christians andto Christian, Sikh and Jain communities is least among Muslims, followed by no religiongenerally better than others. Sikh women have category, Scheduled Tribes, Scheduled Castes,the highest mean height of 155.0 cm followed Other Backward Castes and Hindus. Femaleby Jain (153.6 cm) and Christian (152.1 cm) sterilisation is highest among Buddhists.women. Women below 145 cm in height are Male and female sterilisation is lowest amonglowest among Sikhs (3.9 percent) followed by no religion category and Muslims. TotalJain (7.6 percent) and Christian (10.3 percent). fertility rate and number of children born isNutritional status of women belonging to highest among Muslims, no religion category,Buddhists and no religion category is worse. Scheduled Castes and Scheduled Tribes. This figure is lowest among Jains, Buddhists and46.11. Status regarding ante-natal check ups Hindus.among different communities is not veryencouraging. More than one-third of women 46.14. It is stated that the estimated numberbelonging to Scheduled Castes, Scheduled of HIV infected persons rose from 3.5 millionTribes, Muslims and no religion category do in 1998 and to 3.9 million in 2000 and to 5.3not avail such check-ups. Facilities of Doctors million in 2003, of whom more than 50 percentfor ante-natal check-ups have, however, been of infected persons are women and children.availed of by all communities though this is Every year, approximately 30,000 deliveries inmarkedly higher among Jains (84.7 percent), India occur among sero-positive women andBuddhists (74.9 percent) and Christians (73.4 between 6,000 and 8,000 infants are perinatallypercent). As regards making use of facilities infected with HIV. Status of Women among Minorities
  • 60. 56Chapter 6 CRITERIA FOR IDENTIFICATION OF BACKWARD SECTIONS AMONG RELIGIOUS MINORITIES1. India is a multi-racial, multi-religious and 4. It was in view of these considerationsmulti-lingual country with wide variations that our Constitution makers made specialand inequalities amongst people which have provisions under Article 15(4), 16(4) andbeen accentuated by regional, traditional 46 etc. to protect the interests of Scheduleddisparities over a period of time. The State has Castes, Scheduled Tribes and socially andbeen conscious of these inherent inequalities educationally Backward Classes and weakerin the society. There is, therefore a long sections. It was obligatory on the part of thehistory of affirmative action for the backward State to take positive steps to lift backwardcommunities with a view to ensure equity sections to a level from where they can takeand social justice. After taking note of the advantage on equal footing. The identificationinitiative taken prior to independence, the of victims of the practice of untouchability,need for identifying and providing for those residents of inaccessible and isolateddiscriminated against and/or socially and hill areas, the socially, educationally andeconomically backward was acknowledged by economically backward classes of people andthe Constitution framers. other weaker sections of society was necessary in order to focus on the interventions for their2. Equality before the law is a basic advancement.Fundamental Right guaranteed under Article14 of the Constitution. It places the strong and 5. In order to suggest criteria for identifyingthe handicapped on the same footing in the the socially and economically backwardrace of life. It is a dictum of social justice that among the religious minorities, it is importantthere is equality only among equals. To treat to examine the adequacy and effectiveness ofunequals as equals is to perpetuate inequality. the existing criteria in reaching out to them.The humaneness of a society is determined It would be helpful to examine the strategiesby the degree of protection it provides to adopted for identifying different categories ofits weaker, handicapped and less gifted backward.members. Different Approaches Adopted3. ‘Equality of opportunity’ and ‘equality of to Identify SCs/STs and Othertreatment’ places the weak and the strong on par Backward Classesand to that extent, it amounts to denial of socialjustice. In fact, it is ‘equality of results’ which is 6. In keeping with the diversities of peoplethe acid test of society’s egalitarian protections. and different causes for backwardness,In a highly unequal society like ours, it is only three distinct groups were recognised in theby giving special protection and privileges to Constitution for making special provisions forthe under-privileged sections of society that we their advancement. These were:can enable the socially and economically weak (i) Scheduled Castesto resist exploitation by the strong. (ii) Scheduled Tribes Report of the National Commission for Religious and Linguistic Minorities
  • 61. 57(iii) Socially and educationally backward classes Scheduled Tribes – 15 (4) 11. The criteria for recognition of a separate(iv) Any Backward Class – 16(4) category of ‘Scheduled Tribes’ was the(v) Weaker Sections - 46 geographical isolation of tribals living in inaccessible areas which led to their7. The groups at (ii) and (v) above were all backwardness.inclusive and do not discriminate on the basisof religion or caste. Religious minorities form 12. The first notification, specifying 240a part of these. Group at (i) is religion and communities as Scheduled Tribes was issuedcaste based and arises out of the practices for 12 States in 1950. As on date the number ofof untouchability among Hindus, Sikhs and Scheduled Tribes communities in India standsBuddhists while even ignoring the same among at 628 as against 240 in 1950. The increaseMuslims and Christians. in Scheduled Tribes lists during the last five decades is nearly 156 percent or say one and8. Different parameters were adopted for half times and exclusions are barely 15 inidentifying them and for accelerating their number. Tribals inter-alia includes minoritiesprogress through policies and programmes as the criterion for identifying the Scheduledwhich can be termed ‘affirmative action’ or Tribes are religion and caste neutral. Christians,‘positive discrimination. Buddhists in the NE and other tribal areas and Muslims residing in remote tribal areasScheduled Castes are all entitled to the benefits available to the9. The Scheduled Castes numbering 429 Scheduled Tribes.recognised as a special group titled ‘DepressedClasses’ in the 1931 Census were notified for 13. For the protection, care and developmentthe first time as “Scheduled Castes” in the of Scheduled Tribes, special provisions haveGovernment of India Act, 1935. Government been incorporated in the Constitution of Indiaof India (Scheduled Castes) Order was, in Articles 16, 46, 164, 243, 244, 275(1), 330, 332,however issued in April 1936. The criteria 334, 335, 338A and 342.adopted for purposes of specifying theScheduled Castes was based on the obnoxious Socially, Educationally and Economicallypractice of untouchability. The test applied Backward Classeswas the social, educational and economic 14. The Constitution recognised thatbackwardness arising out of the historical in addition to Scheduled Castes andcustom of untouchability. The Constitution Scheduled Tribes there may be other socially,of India in 1950 adopted the list drawn in 1936. educationally and economically backwardNo survey or investigation was undertaken to classes who may require special attentionexamine the eligibility of any caste included under Article 15, 16(4) and 46. Initiatives takenin the 1936 list. The first notification issued by the Government in this regard since 1953in 1950 included 607 communities which give a clear picture of strategies and criteriahave now been raised to 1109 by 2002 with evolved to identify the socially, educationallyinclusion of 502 more castes. As against this and economically backward.33 communities over the years have beenexcluded. 15. Under Article 340, the Constitution of India provided for the Appointment of a10. Specific provisions for the protection Commission to investigate the conditionsand development of Scheduled Castes are of backward classes in accordance with theenshrined in Articles 16, 17, 46, 243, 330, above provision. The first Backward Classes332, 334, 335, 338 and 341 of the Constitution Commission headed by Kaka Saheb Kalelkarof India. was appointed by Government of India in Criteria for Identification of Backward Sections among Religious Minorities
  • 62. 581953 to determine the criteria for treating any of the Commissions such as, Gajendragadkarsections of the people, other than the SCs and Commission of Jammu & Kashmir, BakshiSTs, as socially and educationally backward. Commission in Gujarat, and HavanurThe Commission in its report submitted in Commission in Karnataka varied. But briefly1955 laid down four criteria for identifying they were the following:socially and educationally backward classes, (i) Social backwardness, low caste status ornamely: inferiority associated with castes making(i) Low social position in the traditional caste difficult for them to have access to cultural hierarchy of Hindu society; training, religious and secular education,(ii) Lack of general educational advancement resulting in apathy for education etc. among the major section of a caste or (ii) Economic backwardness, poverty-leading community; to incapability of owning land, house(iii) Inadequate or no representation in or other property, household income, Government services; employment status-current occupation,(iv) Inadequate representation in the field of traditional occupation considered inferior, trade, commerce and industry. unremunerative or unclean, and whether depend only on manual labour.16. The Government of India did not accept (iii) Educational backwardnessthe recommendations of the Kalelkar (iv) Poor habitation and type of house,Commission and elicited the views of the residence in rural, isolated and segregatedState Governments on the issue. The State areas, ownership of house site.Governments differed in their views and (v) Participation of women in supportingsuggested criteria which varied substantially family incomefrom each other. The suggestions included (vi) Families where child marriages areidentification of backward areas rather than prevalent.backward classes; adoption of economicbackwardness as a criterion; continuation 18. The lists prepared State-wise of OBCsof the existing caste based lists of OBCs etc. were religion and caste neutral MinorityThe Central Government took the view that communities such as neo-Buddhists, SCthere was no legal compulsion to draw up converted to Christianity and Muslims in manyan All-India list of socially and educationally States were included in these lists.backward classes. The Central Governmentinformed the State Governments in 1961 that 19. The reports of the State Commissionsthey had “after careful consideration, decided generated considerable litigation. In a numbernot to draw up any All-India list of backward of cases the courts decided against theirclasses (other than the existing list of SCs and recommendations. In this background, theSTs) and while the State Governments had Government of India appointed the secondthe discretion to choose their own criteria Backward Classes Commission headed byfor defining backwardness, it would be better Shri B. P. Mandal in 1979 to suggest theto apply economic tests than to go by caste.” criteria to identify socially and educationallyThe State Governments were asked to prepare backwards other than SCs, STs. This Commissionlists of backward classes on the basis of their suggested 11 “criteria” or “indicators”, namely:own criteria. Social17. In pursuance of the above, State level (i) Castes/Classes considered as sociallyCommissions were appointed by several State backward by othersGovernments and their recommendations in (ii) Castes/Classes which mainly depend ondetermining the criteria for listing of OBCs manual labour for their livelihoodwere accepted. The Criteria suggested by some (iii) Castes/Classes where at least 25 percent Report of the National Commission for Religious and Linguistic Minorities
  • 63. 59 females and 10 percent males above the would be clear from the statement. Statement – State average get married at an age below 17 state-wise number of castes lists with religion- years in rural areas and at least 10 percent wise break up. females and 5 percent males do so in urban areas 21. The report of the Mandal Commission(iv) Castes/Classes where participation of received in 1980 was however, not females in work is at least 25 percent above implemented until 1993. The Government the State average notified 1238 classes in the Central list comprising of classes common to MandalEducational Commission and states.(i) Castes/Classes where the number of children in the age group of 5-15 years who 22. In view of the several earlier judgments never attended school is at least 25 percent of the Supreme Court the setting up of a above the State average. Special Bench of nine-judges by the Supreme(ii) Castes/Classes where the rate of student Court became necessary in the case of drop-out in the age group of 5-15 years is at Indira Sawhney and Others vs. Government least 25 percent above the State average. of India (1992) for finally settling the legal(iii) Castes/Classes amongst whom the criteria relating to reservations. In this case, proportion of matriculates is at least 25 the bench opined that the backwardness percent below the State average. contemplated by Article 16(4) is social backwardness, which leads to educationalEconomic and economic backwardness (para 85). It(i) Castes/Classes where the average value of is apparent that there are inter-linked and family assets is at least 25 percent below the economic backwardness results from social State average. and educational backwardness. As regards(ii) Castes/Classes where the number of the procedure for identification, the Bench families living in Kutcha houses is at least opined that: 25 percent above the State average. (i) Neither the Constitution nor the law d(iii) Castes/Classes where the source of drinking escribes the procedure or method of water is beyond half a kilometer for more identification of backward classes. Nor than 50 percent of the households. it is possible or advisable for the court to(iv) Castes/Classes where the number of lay down any such procedure or method. households having taken consumption It must be left to the authority appointed loan is at least 25 percent above the State to identify. It can adopt such method/ average. procedure as it thinks convenient so long as its survey covers the entire populace20. The Mandal Commission gave separate of castes among, and along with, otherweightage to the 11 indicators in the social, occupational groups, classes and sectionseducational and economic groups by giving of people. One can start the process eitherweightage of 3 points to each of the four with occupational groups or with castes or“indicators” in the social group, a weightage with some other groups. Thus, one can startof 2 points to each of the three educational the process with the castes wherever they“indicators” and 1 point to each of the four are found, apply the criteria (evolved foreconomic “indicators”. On the basis of the determining backwardness) and find outweightage given to the “indicators” those whether it satisfies the criteria. If it does,castes/communities, which scored more than what emerges is a ‘backward class of citizens’50 percent, were listed as backward classes. within the meaning of and for the purposesMandal Commission identified backward of Article 16(4). Similar process can beclasses which included religious minorities as adopted in the case of other occupational Criteria for Identification of Backward Sections among Religious Minorities
  • 64. 60 groups, communities and classes, so as (2) (i) Castes and communities, which mainly to cover the entire populace. The central depend on agricultural and/or other idea and overall objective should be to manual labour for their livelihood and consider all available groups, sections and are lacking any significant resource classes in society. Since caste represents base. an existing, identifiable social group/class (ii) Castes and communities, which, for encompassing an overwhelming majority their livelihood, mainly depend on of the country’s population, one can well agricultural and/or other manual begin with it and then go to other groups, labour for wage and are lacking any sections and classes. significant resource base.(ii) The term ‘backwardness’ has not been (iii) Caste and communities, the women defined anywhere in the Constitution of of which, as a general practice, are, India. It is wide enough to include all kinds for their/family’s livelihood, engaged of backwardness-social, educational, in agricultural and/or other manual economic or of any other kind. The State is labour, for wage. the sole authority to classify certain sections (iv) Castes and communities, the children of the society as ‘backward classes’. of which, as a general practice, are, for family’s livelihood or for supplementing23. Following the directions of the Supreme family’s low income, mainly engaged inCourt in Indira Sawhney judgment in 1992, agricultural and/or manual labour.Central Govt. and the State Governments set (v) Castes and communities, which inup Commissions/Committees to identify terms of the caste system, are identifiedBackward Classes, which later decided with traditional crafts or traditional orseparately, and on their own, the criteria or hereditary occupations considered toindicators, which would be used by them for be lowly or undignified.identifying Backward Classes and prepared their (vi) Castes and communities, whichown guidelines. By and large they followed the in terms of the caste system, areformat of the Mandal Commission under which identified with traditional or hereditary11 indicators were grouped under three heads, occupations considered to be ‘unclean’namely, Social, Educational and Economic or stigmatised.criteria – Mandal Commission identified (vii) Nomadic and semi-nomadic castesbackward classes which include religious and communities.minorities as is clear from the statement. (viii) Denotified or Vimukta Jati castes and communities1.24. Pursuant to the Indira Sawhney judgment,the National Commission for Backward (3) Castes and communities, having noClasses was set up under the National representation or poor representationCommission for Backward Classes (NCBC) in the State Legislative Assembly and/orAct 1993 to investigate the conditions and district-level Panchayati Raj institutionsthe difficulties faced by the socially and (during the ten years preceding the date ofeducationally backward classes and to make the application)2.appropriate recommendations. The NCBChave formulated the following guidelines for 1 This term refers to castes/communities which had beenconsidering requests for inclusion in the list of categorised as Criminal Tribes under the Criminal Tribes Act, 1924,Other Backward Classes: (Act No. VI of 1924), passed by the Indian Legislature and repealed by the Criminal Tribes (Repeal) Act. 1952, (Act No. XXIV of 1952) and subsequently referred to as Denotified or Vimukta Jatis.Social 2 This is only intended to measure, as an indicator, the presence of a caste or community in these bodies. The term “poor representation”(1) Castes and communities generally may be taken to refer to a caste or community, whose presence in considered as socially backward. the body is less than 25% of its proportion in the population. Report of the National Commission for Religious and Linguistic Minorities
  • 65. 61Educational 26. The first notification specifying the lists(4) Caste and communities, whose literacy rate of Other Backward Classes was notified by is at least 8 percent less than the State or the then Ministry of Welfare, Government of district average. India on 13.9.1993 for 1238 communities in 14 States. As of now the list has 2159 communities.(5) Castes and communities of which the Classes belonging to religious minorities are proportion of matriculates is at least included in many States. 20 percent less than the State or district average. (a) In the Central list with religion-wise break up, the number is Hindu 2083, Muslims 52,(6) Castes and communities, of which the Christians 22, and Sikhs 2; Total 2159. proportion of graduates is at least 20 percent (b) State list with religion-wise break up is less than the State or district average. Hindu 2123, Muslim 163, Christians 38, Buddhist 2, and Sikh 6; Total 2332. TheEconomic representation of minority groups among(7) Castes and communities, a significant the OBCs in the Central & State lists is not in proportion of whose members reside only proportion to the population. in kutcha houses. Criteria: its Effectiveness(8) Castes and communities, the share of 27. The effectiveness of the parameters whose members in number of cases and prescribed depends on several factors. Firstly, in extent of agricultural lands surrendered it must help in identifying the eligible and under the Agricultural Land Ceiling Act of deserving which is the basic objective of the the State, is ‘nil’ or significantly low. exercise. Parameters should, therefore, have a scientific basis which makes the process of(9) Castes and communities, the share of identification rational and judicious so that the whose members in State Government posts chances of its abuse and advantages being taken and services of Groups A& B/Classes 1 & II, by non-eligible is minimal. Secondly, It must is not equal to the population-equivalent provide for a constant review and exclusion of proportion of the caste/community. those who are able to ‘rise’ above the levels that determine backwardness. The following will help(10)In addition to the above, arising from Article us to judge the efficacy/suitability of existing 16 (4) the following condition has also to be criteria in identifying the socially, educationally fulfilled: and economically backward classes.Castes and communities, which are not/are Procedure Adopted for Preparationinadequately, represented in the Central of Lists of Backward CommunitiesGovernment posts & services of Groups A & B. by the Mandal Commission and theEach Group/Class should be taken separately. National Commission for Backward ClassesImplementation of the ExistingCriteria 28. The Mandal Commission report was based on a limited survey and faulty sample size.25. In compliance with the guidelines issued Data collected for Other Backward Classes byby the NCBC and adopted by the States the Mandal Commission therefore had its ownGovernments with or without notifications limitations. For e.g.lists of backward classes including religiousminorities were notified by the Central (i) Collection of data from two villages perGovernment and the States. district and one urban Block per district Criteria for Identification of Backward Sections among Religious Minorities
  • 66. 62 in 405 districts cannot be said to be a unsuitable because of the emphasis representative sample as a large number on primary education through special of castes which are numerically small were initiatives and also because caste-wise totally left out. literacy rates are not collected.(ii) The norms of caste-based criteria were not suited to non-Hindus. Uniform parameters Procedure for Inclusion/Exclusion which were both religion and caste- 29. The procedure prescribed for inclusion/ netural should have been identified to exclusion is unscientific, ad hoc and ensure that the socially, educationally and subjection. Procedure prescribed for economically backward of all communities inclusion of SCs/STs differs from that applied irrespective of religion, caste etc., are to the OBCs. The common factor, perhaps is equally included. that in both cases it rests more on subjective assessments than scientific principles. In the(iii) Indices that are unstable unscientific and absence of any large scale surveys, it needs difficult to implement and for which no to be mentioned that the only caste based firm data available: data on backward classes is available 1931 (a) Castes/classes considered backward Census only. No record on the basis of caste by others the criteria is subjective and is available thereafter and in the absence of not scientific. caste based data it is difficult to accept any (b) Castes/classes where at least 25 enumeration, on the basis of caste as a criteria percent females and 10 percent males for backward classes, as foolproof. Similarly above the state average get married it would be difficult to accept the projections at an age below 17 years in rural of the percentage of population made on the areas and at least 10 percent females basis of data which is not available. and 5 percent males do so in urban areas. Caste/classes are dispersed, no 30. A review of the criteria laid down for the detailed household caste-wise data is Scheduled Castes, Scheduled Tribes and available, and hence these criteria are Backward Classes reveal many inconsistencies, non-implementable. some of which may be summarised as (c) Castes/classes where the source follows: of drinking water is beyond half a (i) Whereas identification of Scheduled Castes kilometer for more than 50 percent and Scheduled Tribes is made by the of the households (would require a Parliament and Notification issued as a detailed house to house village wise Constitutional Order, in the case of Other survey). Backward Classes, the resolution is notified (d) Castes/classes where the number of as an Executive order. households having taken consumption (ii) Whereas the lists of SC and ST can be loan is at least 25 percent above to modified by the Parliament only, in case of state average. OBC, changes can be recommended by the (e) Castes and communities, the share Commission, known as Backward Classes of whose members in the State Commission. Government posts and services of (iii) Whereas SC and ST lists are State/UT groups A&B/Class I and II is equal to specific, there are two lists for OBCs, one the population equivalent proportion state specific, and the other known as of the caste/community – caste/class central list. A community could be specified wise data not available nor compiled. for a part of the State also. (f) The three criteria adopted for determining educational 31. In this regard it may be mentioned that backwardness of a Caste/class – the National Commission for Backward Report of the National Commission for Religious and Linguistic Minorities
  • 67. 63Classes was asked to review communities for agencies. Some of them detailed below wouldexclusion as required under the Act, every ten give an idea of the anomalies pointed out:years. The Chairman National Commissionfor Backward Classes in his letter dated 33.1. The first Commissioner for Scheduled5.8.2003 addressed to the Union Minister for Castes and Scheduled Tribes, GovernmentSocial Justice and Empowerment observed: of India, Shri L.M. Shrikant had pointed out that the process adopted for listing“in the absence of the data the Commission the communities as Scheduled Castes orrequires to identify castes/communities that Scheduled Tribes was not rigorous enoughhave ceased to be backward, none of the to ensure that the communities included incastes/communities notified in the Central the schedules did satisfy the criteria or hadlists may be deleted at this stage” the requisite characteristics in the entire State in which they were scheduled. He also32. From the above, it is apparent that the wrote that if the ultimate goal of classless andnumber of castes/classes included far exceed casteless society is to be attained, the list ofthose excluded from the lists. The point to Scheduled Castes and Scheduled Tribes andbe noted is that the number of OBCs has even of Other Backward Classes will have toincreased manifold. No assessment of be reduced from year to year and replaced inpopulation which is likely to be added is made due course by a list based on the criteria ofwhile recommending inclusion. It is a fact income-cum-merit (1957-58).that the number of backward classes in thelists has increased despite the investments in 33.2. Estimates Committee (Forty-eighthdevelopmental activities and special provisions, Report for the year 1958-59) of the Parliamentinitiatives and policy for positive discrimination also observed that preference be given to thein favour of Scheduled Castes, Scheduled less advanced among the Scheduled Castes andTribes, Other Backward Classes and Minorities Scheduled Tribes in provision of all facilities.followed by the Government in the last several The tendency on the part of some castes anddecades. This by itself is indicative of the fact tribes to get themselves listed as backwardthat the considerations other than actual merely to get concessions is undesirable andsocio-economic backwardness of classes are must be discouraged.perhaps responsible for increasing tendency ofcommunities and governments for recognising 33.3. Lokur Committee (Shri B.N. Lokurnew castes/classes. Political considerations was Secretary to the G.O.I., Ministry of Law)clubbed with vested interest in remaining considered the revision of SC and ST lists andbackward due to advantages available is submitted a report to the Government of Indiaperhaps largely responsible for this situation. in 1965.Ordinarily, more ‘classes’ or castes and tribesbecoming ‘Backward’ should raise serious 33.4. The report pointed out that in severaldoubts about the efficacy of the strategies, States, we have come across a multitude ofpolicies, programmes evolved and being organisations of castes and tribes whose mainimplemented for raising the socio-economic object is to secure or retain a place in the listsstatus of backward and weaker communities of Scheduled Castes and Scheduled Tribes andfor the last 50 years. It is indicative of failure to that the more advanced communities regardreach out to the deserving. the reservation of seats in the Legislatures as the most attractive of these facilities.Anomalies in Identification of Backwards33. Anomalies and loopholes in identification 33.5. He also pointed out it has been inof the eligible due to procedure adopted was evidence for some time that a lion’s share of thepointed out from the very beginning by various various benefits and concessions earmarked Criteria for Identification of Backward Sections among Religious Minorities
  • 68. 64for the Scheduled Castes and Scheduled Tribes and legislators may be appointed, as andis appropriated by the numerically larger and when necessary, to draw up a revised list ofpolitically well-organised communities. Time Scheduled Tribes on a scientific basis.has come to do away gradually with theseprivileged classes. Problems of False Caste /Community Certificates33.6. Emphasis should be on the gradual 35. In many parts of the country members ofelimination of the larger and more advanced certain Hindu Castes and classes, religiouscommunities from these lists, and on focusing minorities try to identify themselves as SCsgreater attention on the really backward or STs persons and thereby fraudulently availsections, preferably by applying an economic of the benefits intended for the categories toyardstick. which they are actually not entitled. In this endeavor phonetic similarities between the33.7. Weaker sections of society should be names of their communities and those ofdefined and criteria for special assistance laid certain Scheduled Tribes come to their help.down on the basis of economic status andeducational and social backwardness. This 36. Use of area nomenclatures in the lists of SCswould result in larger and larger sections of and STs has created other serious problems.society passing out of the category requiring For example, the list of the Scheduled Tribes ofspecial assistance and enable them to attain Himachal Pradesh includes Kanaura/Kinnarasocial equality, while safeguarding the interests based on the name of Kinnaur District. Besidesof those who are still in need of such special any permanent resident of that district, even ifassistance. he is a non-tribal, can claim to be a Scheduled Tribe person on account of the vulnerable33.8. The time has come when the question nomenclature used in the list. Similarly, theof de-scheduling of relatively advanced list of the Scheduled Tribes of Uttar Pradeshcommunities should receive serious and urgent (now Uttaranchal) includes ‘Jaunsari’ basedconsideration. A deadline may be fixed when on the name of Jaunsar Pargana of Dehra Dunthe lists of Scheduled Castes and Scheduled District. They are divided into several castes,Tribes are totally dispensed with. viz., Brahmin, Rajput (Khash), Badi, Bajgi and Kolta. The last two communities are custom33.9. State-wise 171 Scheduled Castes and 131 treated as ‘untouchables’ and the conditionScheduled Tribes were identified by the Lokur of Koltas is particularly depressing. It is onlyCommittee for exclusion. Koltas and Bajgis who really deserve the Scheduled Tribes or Scheduled Caste status.34. Similarly the Study Team on Tribal They stand little chance of availing of anyDevelopment Programmes Committee on benefits, which are monopolised by BrahminsPlan Projects, (Planning Commission 1969) - and Rajputs in the name of Jaunsaris. The areaP. Shilu Ao suggested be taken to deschedule name adopted for the communities livingon the one hand the more advanced tribal therein was based on the premise that all thecommunities and on the other, to exclude people living in that area had a common socialcommunities which ought never to have system and could be reasonably classified asbeen included in the list of Scheduled Tribes. such. But the fact is that the status of peopleCertain anomalies have arisen largely because living within an areas varies from family toof the absence of clearly defined principles or family. When this anomalous situation camecriteria governing the classification of tribes. to the notice of the Government, a legalThe Committee suggested that a high powered interpretation followed which entitled all theseCommission, consisting among others, of outsiders the privilege of the Scheduled Tribeanthropologists, social workers, administrators status at the cost of the deserving. Report of the National Commission for Religious and Linguistic Minorities
  • 69. 6537. Of late issue of false SC/ST certificates has the field of education, health, agriculture,assumed alarming proportions in several rural development and income generationStates. This is also due to the fact that there programmes. Besides infrastructure andis a stake in ‘backwardness’. The unscientific communications development have impactedbasis for inclusion and exclusion, the highly favourably everywhere and all areas, groupssubjective manner of identification and have been exposed to improved technologyparameters which cannot be assessed have and better opportunities. The pace of socialleft the field open for the ineligible to obtain change has quickened since independence andcaste/class certificates for syphoning benefits there has been significant improvement in theiravailable to the backwards. level of literacy and reduction in poverty line indices. No reasonable person can claim that38. It is apparent from modifications social, educational and economic position ofcarried out in the SC, ST and OBC lists, that any non-SC or non-ST has deteriorated to suchGovernment gave weightage for inclusion an extent as to justify a fresh claim for specialof communities rather than excluding treatment as a ‘Backward Class’ of a group notthem. The task of inclusion and exclusion of included.communities has not been evenly balancedand the additions to the lists have been Inclusion as a Class/ Goup/Caste/Tribeincreasing though they should have been on 40. Additionally, the inclusion of an entirethe decrease due to large scale investments caste, tribe or class in the list, is contrary tofor these categories. This trend has been the principle of social justice. No ‘caste’, orgoing on marginalising the deprived and the class or tribe suffer from social, economic andpoor. Unfortunately, the benefits available educational deprivations as a whole. The last 60have led to communities perceiving a stake in years have seen substantial changes in terms of‘backwardness’. The people at the bottom of exposure and development in rural and urbanIndian society have remained isolated even areas. Access to education, health and otherafter nearly six decades of independence services, market economy due to developmentalof our country. It would be difficult to initiatives, industrialisation and spread ofjustify increase in the number of ‘backward communications networks have bridged theclasses’ after decades of concerted action for gaps between these areas and reduced theimproving their lot through interventions differences between various categories offor their development. It is apparent that people. They have also accentuated differencesin making additions to this category, the within communities, castes, tribes to ancauses have been other than their social and extent that it is no longer possible to identifyeconomical backwardness. Vested interests any group or class as a homogenous group inand political consideration have been terms of social, economic and educationalresponsible for inclusion. backwardness on the basis of criterion adopted for identifying them. Class or caste or tribe as39. The practice of untouchability is forbidden a criterion identifying the socio-economicunder Article 17 of the Constitution. There backward has become totally irrelevant. Theis adequate evidence to establish that in only option is to identify families that arethe last 60 years the nature and extent of socially and economically backward and deviseuntouchability as a practice in cities and towns criteria that are implementable.has considerably changed and is visible in adiluted form. In fact demarcation between the Observations of the Commissionhigh castes and low castes in cities speciallyis public places has become meaningless. 41. From the foregoing it is apparent that theThe SCs, STs and OBCs have benefited from existing criteria for identifying the sociallydevelopmental programmes, particularly in and economically backward whether based Criteria for Identification of Backward Sections among Religious Minorities
  • 70. 66on caste or tribe or class has not been totally desired. There is a growing dissatisfactionsatisfactory for several reasons. The reliability amongst all categories – SCs, STs, OBCsof the lists prepared is highly questionable as and minorities with existing dispensation.it is not based on any scientific data. In the Dissensions are growing within communitiesabsence of reliable data, a large-scale survey since the poorest and most backward in eachshould perhaps have been undertaken before category whether included in the list or notthe lists were prepared. Neither in the case of have not been able to benefit from the servicesSCs, nor of STs such a survey was undertaken and facilities being provided for amelioratingeither before or after independence. The OBC their poverty and enhancing their socio-lists which were prepared by the Mandal economic status for various reasons. TheCommission and thereafter by the NCBC and better off or socio–economically betterState Governments on the basis of limited have taken advantage of the opportunitiesinformation and relied heavily on subjective provided through programmes. Duringassessments. The procedure adopted for the tours of the Commission to various‘inclusion’ has been unduly easy specially States, strong views were expressed both byin the case of OBCs and has had little to do Government representatives and NGOs, andwith the social and economic backwardness experts that the need for excluding the creamyof these included. Both at the Central level layer effectively was urgent as the benefitsand in States instances can be cited to from programmes are not percolating toestablish that political considerations have the poor backward as the creamy layers arelargely guided ‘inclusions’. The dynamics for accessing them. It was felt that creamy layer,inclusion suggests that whether it be ‘Jats’ or should be excluded from all lists includingVokkalingars’ contingencies arising out of that of SCs and STs. There was also a nearpolitical compulsions have guided inclusion consensus that ‘religion’ or ‘castes’ do notrather than the concern for the backward determine ‘socio-economic backwardness.or the need for reaching out to that segment Poverty is not religion or caste based and theof the community. The lack of a system to socially, economically backward should beregularly assess the impact on castes, tribes or identified on uniformity applicable criterionclasses enlisted of schemes and programme throughout the country irrespective of caste,under implementation, to exclude categories creed / religion affirmatives.either wrongly included in the list or no longerbeing eligible, has further complicated the 43. In fact questions were often raised on thesituation. Non-exclusion of the ineligible has commitment of the political and executivemarginalised the poorest and most backward leadership over the years towards the poorestamongst various categories including the and not backward.minorities. It is little wonder, therefore thatthe tensions between groups are increasing 44. During the visit to States/UTs, theand the demand for exclusion of the ‘creamy Commission sought the views of Governors,layer’ is gaining ground amongst all groups. Chief Ministers, Political Leaders besides NGOs and academicians on the criteria for42. On account of the inherent deficiencies in determining backwardness among the religiousthe existing lists and the yardsticks adopted minorities.and applied in implementing programmes forbackward castes and classes, the efforts made 45. This Commission was informed by thethrough planned developmental initiatives State representatives that in the absence offor improving the socio-economic status any authentic survey, real picture cannot beof socially, educationally and economically obtained. It is very difficult to know how manybackward segments of society has not been families of a particular caste lived in slumsachieved uniformly and leaves much to be and were deprived of basic needs of drinking Report of the National Commission for Religious and Linguistic Minorities
  • 71. 67water, toilets and electricity. There is no record 47. The population of religious minoritiesin the district office to assess the persons who living Below Poverty Line is available in thedropped out of educational institutions and 55th round collected by NSSO in July, 1999-at what levels. Income of the family varies 2000 is also indicative of the backwardness andfrom year to year and there is no mechanism poverty of various communities (Statement).by which it is computed and authenticated. While in the rural areas the percentage ofHowever, the following suggestions were made families Below Poverty Line is approximate byfor determining backwardness: same for the Hindus and Muslims; it is higher(a) Religion does not make any one backward. for Muslims for the urban areas. As against Separate criteria for identifying poor on 21.66 percent Hindus living Below Poverty the basis of religion are therefore, not Line, 36.92 percent of Muslims living in urban required. areas belong to the Below Poverty Line group.(b) In India of 21st century, neither ‘caste’ nor More Christians (19.82%) are poor in the rural class is a homogenous unit and therefore areas as against urban (11.84%). There are ‘Family’ should be considered as a basic few Sikhs (2.95%) living Below Poverty Line unit. The poorest of the poor families should in the rural areas though almost 11 percent of get opportunities for advancement. Those their population living in Urban areas forms a falling in the creamy layer category should part of the Below Poverty Line. Of the other be excluded from the lists of backwards. religions 33 percent live Below Poverty Line(c) Familywise data should be collected and in Rural areas and 18.5 percent Below Poverty treated as valid for at least ten years and Line in the Urban areas. renewed periodically.(d) A family which does not have any 48. The causes for poverty and socio-economic member with an educational level of High backwardness vary between the Rural and school may be considered educationally Urban areas. These differ on account of type backward. Likewise, Level of education of trade and activities, which are perused by of girls in a family may also be taken into families, as also due to access to services, consideration. opportunities for self employment etc.,(e) Social backwardness should include people For example the Urban areas offer greater hailing from geographically isolated and opportunities for self employment and wage remote areas. employment as also in the services sector. In(f ) Benefits of reservations should be made the Rural areas the families depend more on time-bound and for one generation only or agriculture related activities and poverty line for not more than 50 years. is determined by assets owned by way of land(g) Misuse of the benefits by those submitting etc. or otherwise. The cost of living also varies false/fake certificates should be dealt with between the Rural and Urban areas on account seriously. of various factors. It is therefore, necessary to have different scales for identifying the socially46. The population of religious minorities and economically backward, in the Rural andin the Urban areas is substantial while Sikhs Urban areas. While the criteria applied inare more or less equally divided between the rural areas is determined by the social andRural and Urban areas; Muslims, Christians, economic status in the areas, in urban areas,Buddhists and Jains are more urban based the determinants have to be more economicthan rural based. Substantial portion of the than social.population of religious minorities describedas other religions and persuasion’s is rural 49. It is apparent from the above that thebased. The majority community of Hindus is criterion for identifying the socially andmore rural based though almost 76 percent of economically backward should satisfy thethem live in the Urban areas. following norms: Criteria for Identification of Backward Sections among Religious Minorities
  • 72. 68(i) Religion, caste or class do not determine Identification of Families below ‘Backwardness’ and therefore, there is a Poverty Line need for evolving a uniform criterion.(ii) Caste, religion, class are no longer 52. Article 46 however also mentioned another homogenous groups. They include both category of weaker sections which like tribals the backward and forward categories and OBCs are caste and religion neutral. literate and illiterate, socially and In order to reach out to the weak and poor. economically advanced and backward Government evolved a strategy of identifying also. Hence, the socially and economically people living below poverty line. The aim backward amongst all categories should is to identify the poor on the basis of social, be identified on the basis of a uniform educational and economic determinants for criteria. backwardness with a view to improve their economic status.50. We have already examined the criteriaadopted for identifying the OBCs on the 53. To reach out to the weaker and the poorbasis of class/caste and pointed out the the Government has evolved a strategy ofcontradictions and anomalies that hinder identifying people living below poverty line.the identifications of the socially and The aim is to identify the poor families oneconomically backward of all categories the basis of social, educational and economicincluding the minorities. The existing determinants of backwardness with a view tocriteria for identifying the backward classes improve their economic status as that holdsamong the minorities based on the criteria the key to social and educational developmentsuggested by the National Commission for as well.Backward Classes is therefore, not suitableor appropriate. No separate criteria has 54. Though the Ministry of Rural Developmentbeen laid down for identifying the minorities at the Government of India level hasamongst the backward communities. The been implementing the integrated ruralgovernment of India has, however, followed development programme since 1980 on thea multi-pronged policy. While ensuring basis of poverty line estimates defined byaccess to social, economical and educational the Planning Commission, during the 8thprogrammes to the minorities through General Five Year Plan period (1992-97) the need forschemes, greater thrust for accelerated growth a systematic survey of BPL families was feltis provided through special programmes for because of the feed back received through theeducational and economic development concurrent evaluation. The evaluation reportwhich are implemented through specialised had brought out that a significant portion ofagencies for the socially and economically the benefits of the programme had gone tobackward amongst them. They are selected either ineligible categories or to the non-pooron the same criteria as is applied to similarly pointing out the discrepancies in identifyingplaced others groups. the poor.51. Recognising the fact the special 55. The BPL Survey undertaken for the 8th Planprogramme for SC/ST/OBCs and Minorities revealed large scale discrepancies between themay still not reach the poor amongst these survey results and official State-wise Povertycategories. The Constitution under Article Estimates made by the Planning Commission46 provides that the state shall promote with based on the Consumer Expenditure Surveyspecial care the educational and economic of NSSO. In order to prevent a situation ofinterests of all the weaker sections. The ineligible households getting the benefits ofweaker sections are caste and religion the programmes of the Ministry exclusionneutral. criteria was incorporated. The Expert Group Report of the National Commission for Religious and Linguistic Minorities
  • 73. 69set up for BPL Census 2002 recommended the basis of Caste/Tribes, or that adopted formethodology of Score Based Ranking of each identifying the Other Backward Classes. Somehousehold indicating their quality of life. For of the reasons for this are:this purpose, 13 socio-economic parameters (1) The Parameters adopted are religion andwhich included size of land holding, type of caste neutral and identify families whichhouses, food security, sanitation, ownership are socially and economically backwardof consumer durables, literacy status, means on a uniform scale. It is, therefore, moreof livelihood, indebtedness and migration rational and just.etc. were adopted. (2) The identification is better because it is based on household survey which takes56. The Ministry of Rural Development into account the status of each family. It is,observed that while finalising the therefore more focused on the socially andmethodology for BPL Census 2002, it was economically poor and deserving.acknowledged that identification of poor is (3) The coverage under the programme isa much more complex and sensitive process better and all inclusive as a large percentageas compared to poverty estimation. There of Below Poverty Line families constituteare many factors such as geographical other than Scheduled Castes and Scheduledposition, climatic conditions, and cultures Tribes as it apparent from the Table 6.1etc., which influence the poverty level and prepared only with reference to States fromquality of life of the people. Broadly, the which information is available.methodology suggested for the BPL Census The large percentage of Non SC/ST Below2002 was appreciated and considered to be Poverty Line Families indicates that thean improvement over the methodologies Minorities are inter-alia covered under thefollowed during the previous BPL Surveys programme.mainly on account of the fact that it was (4) The procedure is more scientific, rationalmore objective, transparent and provided and transparent as it provides forflexibility to the States to decide the number corrections. It is based on house to houseof BPL households after taking into account survey and makes provision for dealingthe local factors. However, the States had with complaint regarding exclusion andsome reservations on adoption of uniform inclusion at the field level.criteria through out the country. (5) It provides for regular revision of the list every five years, which would automatically57. The 13 parameters are (1) Land, (2) House, exclude families which may have risen(3) Clothing, (4) Food security, (5) Sanitation, above poverty line and include those that(6) Consumer durables, (7) Literacy, (8) Labour may need special support.force, (9) Means of Livelihood, (10) Status of (6) In the absence of data with regard to incomechildren, (11) Indebtedness, (12) Migration etc. especially in rural areas, the procedureand (13) Preference of Assistance. A copy of the adopted for obtaining approval of theschedule indicating socio-economic scorable Gram Sabha, reduces chances of abuse to aparameters prescribed for BPL Census 2002 is minimum. It, therefore, provides for checksat Appendix 7.1. Each of the 13 parameters has and balances which fix responsibilitybeen given four points making a total of 52. One and accountability at the level at whichwho scores the least is the poorest. knowledge about status of all families is maximum.58. The criteria for identifying the BelowPoverty Line families is better for identifying 59. However, the applicability of the 13the socially and economically backward Parameters prescribed still needs to bethan any other existing criteria adopted assessed. The inclusion of basic needs likefor identifying the backwards either on the house, sanitation facilities, drinking water Criteria for Identification of Backward Sections among Religious Minorities
  • 74. 70 Table 6.1: State-wise Details on BPL SC, ST, and Non SC/ST Families: 1997 S.No. State No. of Rural Below % SC ST Non % Families Poverty Below BPL BPL SC/ST Non SC/ST Line Poverty Families Families BPL BPL Families Line Families Families 1. Andhra 10484028 4184627 39.91 1117654 465829 2601144 62.16 Pradesh 2. Assam 3607241 2164416 60.00 282424 467757 1414235 65.34 3. Bihar 18933813 9399281 49.64 2413764 1054226 5931291 63.10 4. Goa 135816 23101 17.00 645 9 22447 97.17 5. Gujarat 5587768 1980879 35.45 190.260 745584 1045035 52.76 6. Haryana 2074615 503019 24.25 245416 - 257603 51.21 7. Himachal 1036996 286112 27.59 107057 19105 159950 55.90 Pradesh 8. Jammu & 297125 299125 100.00 6000 128379 164746 55.08 Kashmir 9. Karnataka 6479832 2202756 34.00 650232 314993 1237531 56.18 10. Kerala 4714295 1723556 36.56 335280 46847 1341429 77.83 11. Madhya 11651082 5111874 43.87 980450 180287 3951137 77.29 Pradesh 12. Maharashtra 11010022 3860675 35.07 776399 970863 2113440 54.74 13. Manipur 365670 246980 67.54 11747 178210 57023 23.09 14. Punjab 1460536 339028 23.12 206966 404 129750 38.27 15. Rajasthan 6768541 2097560 30.99 537941 661596 898023 42.81 16. Tamil Nadu NA 2737921 NA 974523 69177 1694221 61.88 17. Uttar Pradesh 20430204 7541494 36.91 3248063 26907 4266524 56.57 18. West Bengal 11076686 4914296 44.40 887655 139447 3887194 79.10 19. Dadar & 26237 17231 65.67 215 16617 399 2.32 Nagar Haveli 20. Daman & Diu 10235 395 38.59 30 129 236 59.75 21. Lakshadweep 8625 885 10.26 - 885 00 00 22. Pudducherry 133555 63262 47.36 22562 - 40700 64.34Source: NSSO Table 6.2: Levels of Poverty Community-etc. for determining backwardness of poverty wise in Rural and Urban Areasrequires assessment as these become counterproductive as they have the potential to negate % Below % Below Poverty Poverty (Rural) Line (Urban)or dampen the desire for improving the living Hindu 27.80 21.66standards by investing in them. Muslims 27.22 36.92 Christians 19.82 11.8460. The BPL criteria discussed above relates Sikhs 2.95 10.86to the rural poor. A substantial population ofpoor lives in urban areas also. The percentage Others 33.05 18.51of population below poverty line by States/ Source: Planning Commission: 1999-2000UTs for the year 1999-2000, on the basis of30 days recall period, was estimated by the poverty in each State among various religiousPlanning Commission to be 27.09 percent in communities. The findings of the survey are asrural areas and 23.62 percent in urban areas. given in Table 6.2.In 1999-2000 the Planning Commission gota survey conducted to estimate the levels of 61. There is no regular household survey Report of the National Commission for Religious and Linguistic Minorities
  • 75. 71undertaken for identifying the socio being implemented in Andhra Pradesh foreconomically backward poor in the urban identifying the poorest amongst the ruralareas. Estimation of poverty and identification poor. Participation of the community in bothof poor, though closely related, are not one Kudumbashree and Velugu projects is crucialand the same. While estimation of poverty in identifying the poor.helps in assessing the magnitude of poverty,identification of the specific households 64. For evolving criteria for identifyingliving “Below the Poverty Line” is necessary both urban and rural poor and sociallyfor targeting them under various poverty and economically backward irrespective ofalleviation programmes. caste, class and creed etc. different norms will have to be evolved keeping in view the62. The Planning Commission has been social, economic and educational status ofestimating the incidence of poverty at national the households and the local conditions. Thisand State levels using the methodology can only be evolved by an Expert Committeecontained in the report of the Expert Group on representing different disciplines on theestimation of proportion and number of poor basis of evaluation study which must first(Lakdawala Committee) and applying it to be undertaken to assess the adequacy andconsumption expenditure data from the large suitability of the existing criterion. Appendicessample surveys on consumer expenditure 7.2 and 7.3 give brief descriptions of variousconducted periodically by the National parameters adopted for identifying for theSample Survey Organisation (NSSO). Poverty poor households by the Rural Developmentestimates made on this basis are released by Ministry, Urban Development and Povertythe Government of India, periodically. Alleviation Ministry and the Velugu and Kudumbashree projects referred to above.63. Both the Planning Commission and UnionMinistry of Housing and Urban Poverty 65. In view of the foregoing, it is apparent thatAlleviation were consulted. They were of all lists (SC/ST/OBC) have been preparedthe view that household survey at regular without any scientific basis (no data baseintervals needs to be taken up for all urban as no surveys undertaken), the anomaliesareas and the parameters should comprise in ‘identification’ and ‘inclusion’ of castes,both economic and non-economic indices. tribes, classes have arisen from subjectivityThough no uniform pattern for identifying and political consideration which havethe poor has been adopted which would denied benefits of ‘schemes’ and programmesapply to all urban poor, various Departments approved for their upliftment to be reallyhave evolved criteria for identifying the poor backward. In order to ensure that ‘benefits’beneficiaries under various urban poverty reach the poorest and weakest, it is necessaryalleviation schemes being implemented by that those who have reaped advantage fromthe Ministry. For e.g. in the Swarna Jayanti Government programmes are excluded on aShahari Rozgar Yojana a seven parameter regular basis and criteria evolved which takescriteria has been adopted. Kerala State under into account the local condition, the family’sits State Poverty Eradication Mission called social and economic status and responsibilitiesKudumbashree Mission has adopted nine and in no way either encourages a stakeparameter criteria which indicates risk levels in backwardness or adversely impacts onof the families covering both urban and an individual or household’s initiative orrural populations. The Velugu programme is investments necessary for enhancing status. Criteria for Identification of Backward Sections among Religious Minorities
  • 76. 72Chapter 7 MEASURES FOR WELFARE AND DEVELOPMENT OF MINORITIESApproach towards Welfare and a conscious policy of state intervention intoDevelopment of Minorities the highly iniquitous social stratification structures. India’s development planning rests1. India is a multi cultural society comprising on the twin planks of growth and justice andseveral major and minor religions, languages is aimed at raising the quality of life of herand ethnic groups. An ancient society but a people.young state, India has upheld a long traditionof coexistence among people of different 3. The Constitution of India provides a strongstocks, different religions, faiths and cultural framework for socio legal action for removalbeliefs, customs and languages. What holds of disparities (a) by writing in the equalitythis marvellously diverse society is the dictum clauses prohibiting discrimination on theof unity Vasudeva Kutumbhakam that we are basis of religion, race, caste, sex, or place ofall but one family of human beings and our birth, and (b) empowering the State to makebeing together and staying together is what special provisions for women and childrencan add to our rich multicoloured cultural and for the historically disadvantaged sectionsfabric and heritage. The Constitution of of population, the scheduled castes (SC) andIndia has not only upheld the long secular scheduled tribes (ST) and other backwardtradition where people of many faiths have classes (OBC) (protective discrimination) inlived together in harmony but also makes violation of the fundamental obligation ofspecial provisions to protect the educational non discrimination. This was considered toand cultural rights of all minorities, religious ensure de facto equality through strong equityand linguistic. Articles 29 and 30 of the measures and policies. In post independenceConstitution of India guarantee the rights India, a large number of constitutional andof the minorities, religious and linguistic. legislative measures and many forward lookingArticles 29 and 30 of the Constitution of policies and programmes have been directedIndia guarantee the rights of the minorities at integrating the historically disadvantagedto conserve the language, script and culture sections of society to include the Scheduledand to establish and administer education Castes (SC), Scheduled Tribes, Minoritiesinstitutions of their choice whether based on and Women in the mainstream of nationalreligion or language. development.Removal of Disparities and Inequalities 4. Welfare and development of weaker2. India took the road to planned development sections, including the SCs, STs, OBCs,keeping in view the vast regional and inter minorities and those below the poverty line (group disparities at the time of Independence. BPL), has been a priority on the developmentalIt was considered necessary to take up national agenda. A large number of welfare measuresinitiatives for socio economic development for have been taken specifically for the benefitremoving the distortions of the past through of weaker sections, primarily targeting the Report of the National Commission for Religious and Linguistic Minorities
  • 77. 73scheduled castes (SCs), scheduled tribes (STs), Electrification, Rural telephony, Waterother backward classes (OBCs), and the people Conservation Ground Water Management,who subsist below the poverty line (BPL). Rain Water Harvesting, Micro Irrigation);From time to time, a special thrust has been National Rural Employment Guaranteeprovided for the minorities. It is important to Programmes/Act, The National Commissionappreciate that a very significant proportion of On Farmers, National Horticulture Mission,members of minority communities fall within Joint Forest Management; Access To Credit &the above mentioned categories. There are Risk Management, Focus On Priority Sectorminorities within the BPL category, and within Lending, Micro Credit; Micro Small andST and OBC categories as well. The overall Medium Development Act of 2006; Stateaim of these welfare measures is to bring Financial Corporations; SIDBI, NABARD,about social justice and empowerment of the National Highway Development Programme,weaker sections, through ensuring equitable among others. However, keeping in viewopportunities at every level. The minorities the specific problems and requirements ofwere expected to benefit equally from the some groups and areas, separate provisionslarge number of developmental programs and are made through enactment and specialtargeted schemes, enacted and implemented programmes/ interventions, as in the casefor weaker sections of society. of SC, ST, OBC/Minorities, Women, Children backward regions/districts, the unemployed5. In analysing the welfare measures that and the poor among all.affect the status of minorities, efforts madeby the central and state governments to reach 7. Social justice requires that fundamentaleducation, health services, subsidised food, human rights of the members of all communitiesdrinking water, shelter, and other basic needs are protected by the State.To promote inter-faithto the people have to be included. Several harmony and a secular ethos in all parts of theschemes are being implemented for poverty country, central and state governments fromalleviation, rural and urban employment, time to time pro-actively encourage trainingformation of self help groups (SHGs) aiming for the police, armed forces, administratorsat income generation, and so on. All these and other functionaries, to sensitise them toschemes have an impact on the well being of the relevant issues. Efforts are being made tothe citizens of India, irrespective of religion. promote citizens’ inter-faith groups, meetingsSince socially and economically backward with religious leaders of all communities,among the minorities are part of weaker neighbourhood peace committees, and othersections, such schemes are expected to have a similar measures, particularly in areas that arepositive impact on their status and well being. prone to communal tension. The New 15-Point Program for Minorities outlines a framework6. Prominent among programmes, schemes within which the welfare of minorities can beand institutions available to all populations ensured through due democratic processes,currently are: ICDS and Early Childhood Care with the involvement of civil society groupsand Education (ECCE), Sarvshiksha Abhiyan and enlightened members of minority as wellwith focus on SC, ST, BPL, OBC, Minorities and as majority groups.Girls; Swrnajayanti Gram Swarozgar Yojana(SGSY), Swrnajayanti Sahari Rozgar Yojana 8. Secularism can best be implemented when(SSRY), Sampoorna Grameen Rozgar Yojana people are committed to principles of equality,(SGRY), National Rural Health Commission, social justice and respect for diversities.Jawaharlal Nehru Urban Renewal Mission, Indian secularism emphasises absolute andNational Slum Development Programme, unconditional equality of all religious faithsThe Bharat Nirman Programme (Irrigation, in the country. The framework of religiousRural Housing, Rural Water Supply, Rural and cultural pluralism is being consciously Measures for Welfare and Development of Minorities
  • 78. 74preserved, so that India continues to have two included them amongst the targeteda mosaic of different religions, cultures and beneficiaries.languages. Preserving the composite culture,and promoting harmony and the spirit of 11. The Ninth Plan (1997-2002) envisagedcommon brotherhood, is enjoined on all effective implementation of various policiescitizens and the State. and developmental schemes to bring the underprivileged groups on par with the restPlanned Development of Minorities: of society. It is noteworthy that right fromPolicies, Programs and Statutory the start of developmental planning, India,Mechanisms being a Welfare State, made provision for food security through the Public DistributionFive Year Plans System, for health through a network of9. The process of planned development, guided institutional infrastructure for health services,by the Constitution and framed by Five-Year provision for nation-wide school educationPlans, has affected every section of the Indian with scholarships and free ships for poor,population, irrespective of community, caste SC, ST, girl children etc. (different provisionsor class. In the initial years, a separate focus in different states). The Integrated Childon minorities was not considered necessary, Development Services (ICDS) was launchedsince developmental planning in India (in 1975) to cater to nutritional, health andunleashed a process of growth and all-round ECCE (early childhood care and education) ofdevelopment, which had an effect on the children from rural as well as urban low-incomeminority groups as well. All the weaker sections areas. A number of schemes were launched forof society benefited from welfare measures women’s welfare and development.launched for SCs, STs, OBCs, schemes forartisans, educational and health programs, 12. The Tenth Plan (2002-07) recognised thatschemes for underdeveloped regions, and the economic growth must be accompanied bypoverty-alleviation schemes. However, from enhancement of human well being. Thistime to time, a special thrust was provided would be reflected through achievementsfor minorities as well. This additional thrust in key indicators of human developmenthas become more prominent in the previous to include poverty reduction, expansiondecade, particularly since 2001, and with the of employment opportunities, universalTenth Five Year Plan (2002-07). This is because primary education, increase in literacy rates,by then some issues of access emerged, with reduction in gender gaps in literacy and wagesome gaps showing up in the achievements rates, reduction in population growth rate,with regard to minorities. infant mortality and maternal mortality rates, and universal access to drinking water. The10. In the Eighth Plan (1992-97), three development strategy adopted in the Tenthnational-level apex bodies were set up to give Plan took into account the fact that despitea greater thrust to the economic development overall growth, “a large number of our peopleof weaker sections of society. These apex-level continue to live in abject poverty and there arebodies were: (i) The National Backward Classes alarming gaps in social attainments” (TenthFinance and Development Corporation Plan document). Aiming at equity and social(NBCFDC, set up in 1992); (ii) The National justice, the Tenth Plan strategy emphasisedMinorities Development and Finance agricultural development as a core element,Corporation (NMDFC, set up in 1994-95); and underlying the need for rapid growth of the(iii) National Safai Karamchari Finance and sectors likely to create gainful employmentDevelopment Corporation (NSKFDC, set up opportunities including agriculture, small-in 1996-97). While NMDFC was specifically scale industries (SSI) with a thrust on specialmeant for the religious minorities, the other programmes for target groups that may not Report of the National Commission for Religious and Linguistic Minorities
  • 79. 75benefit sufficiently from the mainstream inclusive growth. It is designed to reducegrowth process. poverty and focuses on bridging the various divides that continue to fragment our society.13. The Tenth Plan (2002-2007) explicitly The 11th Plan aims at putting the economyformulated programmes for social and on a sustainable growth trajectory with aeconomic empowerment of SCs, STs, OBCs and growth rate of approximately 10 percentMinorities in the framework of growth and social by the end of the Plan period. It envisagesjustice . Education, health and participation productive employment at a faster pacein governance were emphasised as effective than before, and targets robust agricultureinstruments for social empowerment of the growth at 4 percent per year. It also aimsweaker sections. Economic empowerment to reduce disparities across region andthrough specifically designed programmes communities by ensuring access to basicbest suited to their skills and requirements, physical infrastructure as well as health andwould be re-invigorated. The Tenth Plan education services to all. Thus, the 11thoutlined specific protective and promotional Plan is committed to ‘Bringing on Par: SCs,measures for minorities in educational STs, Minorities and others left behind’ in lineand economic spheres. Provision of basic with our constitutional commitment.amenities and services to backward minorityconcentrated pockets were to be ensured. 16. Education is the one of the most effectiveModernisation of education, technical and instruments of social empowerment andvocational education, appropriate technology is vital for securing horizontal and verticaland development of entrepreneurship along mobility. Schemes for the educationalwith necessary financial support would be enlistment of the SCs and STs have bornekey strategies during the Tenth Plan, leading fruit although the gap between the generalto social and economic empowerment of the population and the SCs and STs is still atminorities. unacceptable levels and need more vigorous efforts. Educational programmes need to be14. Exclusive efforts in the Tenth Plan were continued with redoubled vigour among allto be made to promote the educational other backward sections including minorities,development of Muslims, specially of their particularly among poor Muslims, who havewomen and girl children by modernising fallen far behind the national average in alland mainstreaming their traditional aspects, particularly in the field of education.educational system and institutions viz. Areas dominated by backward communitiesMadarsas, through adopting syllabi being like poor Muslims will require specialfollowed in the regular education system. focus in the Social sector and schemes forBoth protective and promotional measures creating infrastructural facilities will haveas per the constitutional provisions in favour to be properly implemented in these areas.of minorities were to be taken in order to Further, the Plan will explore ways of creatinginculcate a sense of security and prevent incentives for students belonging to thesemarginalisation and isolation of minorities communities and work towards the economicby mainstreaming and generating responsive and political empowerment of Muslim womenawareness amongst civil society. by increasing their access to credit and ensuring their presence in decision-makingVision for the Eleventh Plan ( 2007- bodies. A 15 point programme for the welfare12): Towards Faster and More Inclusive of minorities has been circulated to all stateGrowth governments which reflects a new beginning15. The 11th Plan provides an opportunity and has the potential of improving the qualityto restructure policies to achieve new of life of Muslim population. An effort shouldvision based on fast, more broad-based and be made to ensure that state governments and Measures for Welfare and Development of Minorities
  • 80. 76central Ministries/departments implement educational institutions to train persons tothis programme. The Planning Commission compete successfully in these examinations.may develop appropriate guidelines to ensure Likewise, acquisition of technical skills bythat Plan schemes in the relevant areas are those minorities who are lagging behindconsistent with this intention. need to be enhanced as in the long run it would also help in national development.Initiatives taken for Development of Arrangements should be made to set up ITIsMinorities and Polytechnics by government or private agencies in predominantly minority areas toHigh Power Panel under the encourage admission in such institutions ofChairmanship of Dr Gopal Singh adequate number of persons belonging to17. In 1983 a High Power Panel was appointed these communities.by the Ministry of Home Affairs headed byDr. Gopal Singh. This Committee identified The National Policy on Education, 1986Muslims and Neo-Buddhists as two 19. The need to take special steps toeducationally backward minorities at the advance education of Muslims was notednational level and proposed special efforts in the National Policy of Education 1986for bringing them at par with the rest of the its Programme of Action ( Revised in 1992)society. Neo Buddhists have since been placed and led to formulation of the Area Intensiveat par with the SC population for receiving Educational Development as a Centralall the benefits. For Muslim minority, forty Government Scheme of the Ministry offour districts with concentration of Muslims, Human Resource Development. The Nationalbased on 1981 Census, were identified for Policy on Education,1986 states the followingspecial attention. with regard to minorities: “ some minority groups are educationally backward orThe 15-Point Programme for Minorities, deprived. Greater attention will be paid to the1983 education of these groups in the interest of18. In May 1983, the then Prime Minister equality and social justice. This will naturallyIndira Gandhi issued a 15-Point Directive include the constitutional guarantees givenon welfare of minorities. The 15-Point to them to establish and administer their ownProgramme for Minorities announced educational institutions, and protection toin 1983 focused on priority areas such their languages and culture. Simultaneously,as: the need to tackle the situation arising objectivity will be reflected in the preparationout of communal riots and preventing of textbooks and in all school activities, andfurther communal riots; ensure adequate all possible measures will be taken to promoterepresentation of minority communities in integration based on appreciation of commonemployment under Central and State as well national goals and ideas, in conformity withas Public Sector Undertakings; ensuring flow the core curriculum” This has been reiteratedof benefits to the minority communities under in the Revised Policy Formulations, 1992.various development programmes such asmaintenance and development of religious 20. The Programme of Action, 1992, firstplaces, Wakf properties and redressal of took note of the existing programmes forgrievances of the minorities. It was felt that the Muslim Minorities and suggested a largein many areas recruitment is done through number of short term, medium term and long-competitive examinations and often minority term measures to promote their educationgroups are unable to take advantage of the and technical skills and for their integrationeducational system to compete on equal terms. in the mainstream though measures suchTherefore, steps should be taken to encourage as systematic evaluation of textbooks fromthe starting of coaching classes in minority standpoint of national integration by the Report of the National Commission for Religious and Linguistic Minorities
  • 81. 77NCERT and intensification of orientation 23. The scheme for Modernisation ofprogrammes for the Principals/Managers Madrasa Education, 1992, aimed to provideand training programmes for teachers from mainstream education to children studyingminority educational institutions. The in madrasas, a traditional institution forProgramme of Action proposed revamping and educating children among the Muslimexpanding UGC Scheme of Coaching Centres community. During the Tenth Plan periodfor students belonging to educationally this scheme was merged with anotherbackward minorities to cover more minority scheme, namely, the Area Intensive Programconcentrated areas; a crash programme for for Educationally Backward Minorities.school improvement to be implemented The revised scheme, known as the Areaon priority basis in minority concentrated Intensive Madrasa Modernisation Programareas and the need to establish monitoring (AIMMP), retains the major objectives of themechanisms for monitoring of various previous schemes, i.e. modernising Madrasaprogrammes for the minorities; location of education so that the children can be part ofschools in minority concentrated areas for the national mainstream; and infrastructureimproved access and facility of Urdu medium development of identified institutionsschools and teaching of Urdu in all schools catering to educationally backwardwith required number of students belonging to minorities.the Muslim minority. The Women CommunityPolytechnics need to be set up in minority High level Committee on Social,concentrated areas on priority area. Economic and Educational Status of Muslim Community in India (Sachar21. Major schemes proposed in the Programme Committee)of Action 1992 include the Centrally sponsored 24. A High level Committee on Social,scheme of Area Intensive Programme for Economic and Educational Status of MuslimEducationally backward minorities; the Community in India was set up in 2005 underCentrally sponsored Scheme of Modernisation the Chairmanship of Justice Rajinder Sacharof Madarsa education by introduction of Science, by the Prime Minister and the CommitteeMathematics, English/Hindi in traditional submitted its report in November, 2006. ThisMadarsas and Maktabs on voluntary basis; A Committee noted with concern the low socioCentrally Sponsored scheme of appointment economic status with higher poverty, lowerof Urdu teachers in the states where Urdu is literacy and educational attainments, higherspoken by substantial numbers; and a Centrally unemployment rates, lower availability ofSponsored Scheme of language teachers funded infrastructure and lower representation inby the Government of India to encourage States civil services including police, judiciary and inin achieving the targets in respect of minority elected bodies among Muslim minority.education. New 15-Point Programme for the Welfare22. The Programme of Action also suggested of Minorities, 2006a number of other schemes e.g. a scheme of 25. A need was felt to review and recast the 15-in-service training for teachers from minority point programme for Minorities, to sharplymanaged institutions in Science, Mathematics, focus action on issues intimately linked toSocial Science, English and Career Guidance the social, educational and economic upliftthrough SCERTs and other Resource Centres; of the minorities. While points relatingScheme of appointment of regional language to prevention of communal riots andteachers in minority institutions for national provision of relief to riot victims continueintegration and implementation of three to have an important place in the revisedlanguage formula; a scheme of remedial programme, there are additional pointscoaching in minority institutions. more closely linked with the development of Measures for Welfare and Development of Minorities
  • 82. 78backward minorities, relating specifically to from minority communities: A scheme foremployment, education and improved living Pre-Matriculation and Post-Matriculationconditions. It was felt that the new 15-point Scholarships for students from minorityprogramme was to be necessary because of communities will be formulated andthe gaps in the previous programme with implemented, to ensure that povertyregard to amelioration of socio-economic does not impede continuation of studiesconditions and enhancement of socio- of meritorious students from minorityeconomic status of the minority groups. With communities.a view to removing this lacuna and having (6) Improving educational infrastructurea more comprehensive programme for through the Maulana Azad Educationminorities, the Prime Minister’s new 15-point Foundation: Government shall provideProgramme for Welfare of Minorities was all possible assistance to the MAEF, toformulated, and approved by the Cabinet on enable it to expand its activities with the22 June 2006. This programme includes: aim of promoting education amongst the educationally backward minorities.25.1. Enhancing opportunities for education:Education is seen as a necessary intervention 25.2. Equitable share in economic activitiesto address problems of backwardness of any and employment: All communities and groupscommunity. Opportunities will be enhanced constituting a nation should have equal sharethrough the following measures: in economic opportunities and employment.(1) Equitable availability of ICDS services: Proactive measures are necessary if one or The ICDS aims at holistic development of more communities lag behind and become children and lactating/pregnant mothers increasingly marginalised. Undermentioned from disadvantaged sections through Government programs then need to focus nutritional and educational inputs. Blocks/ towards these communities, with earmarking villages with substantial population of of targets: minority communities will be covered through ensuring a certain percentage of (1) Self-employment and Wage employment ICDS projects/centres in such areas. for the poor(2) Improving access to school education: a) Swarnajayanti Gram Swarozgar Yojana Elementary schools are being opened (SGSY), primary self-employment in localities/villages across the country programme for rural areas, will have where substantial population of minority a certain percentage of physical community lives, under the Sarva Shiksha and financial targets earmarked for Abhiyan, Kasturba Gandhi Balika Vidyalaya beneficiaries belonging to the minority Scheme and other similar government communities living below the poverty schemes. line.(3) Greater resources for teaching Urdu: Central b) Swarnajayanti Shahari Rozgar Yojana assistance will be provided for recruitment (SSRY), the equivalent programme of Urdu language teachers in primary for the urban areas, will have a certain and upper primary schools that serve a percentage under both its major population in which at least one-fourth components (Urban Self-Employment belong to that language group. Programme and Urban Wage(4) Modernising Madrasa education: The Employment Programme) earmarked Central Plan Scheme of Area Intensive and to benefit people from the minority Madrasa Modernisation Programme will be communities living below the poverty substantially strengthened and effectively line. implemented. c) Sampoorna Grameen Rozgar Yojana(5) Scholarships for meritorious students (SGRY), aimed at providing additional Report of the National Commission for Religious and Linguistic Minorities
  • 83. 79 wage employment in rural areas, will coaching for competitive examinations in have a certain percentage earmarked government and private institutions for for beneficiaries from minority candidates from minority communities. communities living below the poverty Government will also provide funds to pay line. A certain percentage of allocation the fees on behalf of meritorious candidates will also be earmarked for creation of from minority communities. infrastructure in villages that have a substantial minority population. 25.4. Improving the conditions of living of(2) Upgradation of skills through technical minorities: A large number of people belonging training: Provision of technical training to the to minority communities live in slums in urban large population of minority communities areas; and are often amongst the poorest of engaged in low-level technical work or the poor in the urban areas, without access to in handicrafts would upgrade their skills proper housing. Measures indicated below will and earning capacities. A proportion of all ensure: new ITIs will therefore be located in areas (a) Equitable share in rural housing scheme: predominantly inhabited by minorities, The Indira Awas Yojana, which provides and a proportion of the existing will be financial assistance for shelter to the upgraded to ‘Centres of Excellence’ on the rural poor living below the poverty line, same basis. will have a certain percentage of physical(3) Enhanced credit support to economic and financial targets earmarked for the activities: minority community beneficiaries. a) The National Minorities Development (b) Improvement in conditions of slums and Finance Corporation (NMDFC) inhabited by minority communities: will be strengthened by government A certain percentage of physical and provision of greater equity support to financial targets under the National Slum enable it to fully achieve its objectives. Development Programme (NSDP) will b) Bank credit, essential for creating and be earmarked for slums predominantly sustaining self-employment initiatives, inhabited by the minority communities. will have a target of 40 percent (of net Under NSDP the Central government bank credit from domestic banks) fixed provides assistance to State governments for priority sector lending. The priority for developing urban slums through sector includes agricultural loans, provision of physical amenities, loans to small-scale industries and community infrastructure and social small businesses, loans to retail traders, amenities. professionals and self-employed persons, educational loans and micro- 25.5. Prevention and control of communal credit. A certain percentage of priority- riots: The welfare of minority communities is sector lending in all categories will be linked to the effectiveness of measures adopted targeted for the minority communities. to address the issue of prevention and control of communal riots as under:25.3. Recruitment to State and Central (a) Prevention of communal incidents: Inservices: Recruitment of personnel for areas identified as communally sensitivepolice personnel at State and Central levels and riot prone, police officers of knownwill be advised to give special consideration efficiency, impartiality and secularto minorities. In the case of Railways, record must be posted. The preventionNationalised banks and the Public sector of communal tension should be oneenterprises, such special consideration will of the primary duties of the police andalso be ensured. Also an exclusive scheme administrative officers.will be launched to provide pre-examination (b) Prosecution for communal offences: Measures for Welfare and Development of Minorities
  • 84. 80 Special courts should be set up so that earmarked for pre-Matric scholarships, Rs. offenders who incite communal tensions 90 crore for post-matric scholarships and Rs. or take part in communal violence are 48.60 crore for merit-cum-means scholarships speedily tried and punishment meted at undergraduate and PG levels. out.(c) Rehabilitation of victims of communal Institutional Structures for the riots: Victims of communal violence Development of Minorities should be provided immediate relief and prompt and adequate financial assistance 28. At the national level, the Minorities for rehabilitation. Commission was set up in 1978. It was a non- statutory body until 1992, when Parliament26. The 15-point Programme also provides enacted the National Commission forthat care shall be taken to ensure that wherever Minorities Act, and set up the first statutoryapplicable, there is separate earmarking of the commission in 1993, called the Nationalphysical and financial targets for the minority Commission for Minorities (NCM). The maincommunities under each programme/ objective of NCM is to safeguard the interestsscheme, preferably in the ratio of the all-India of minorities. The state governments ofpopulation of each minority community. A.P., Assam, Bihar, Chhattisgarh, Karnataka,Thereafter these targets shall be further split Jharkhand, M.P., Manipur, Maharashtra,State-wise for each minority community in Rajasthan, Tamil Nadu, U.P., West Bengal,the ratio of the population of the minority Uttaranchal and Delhi have also set up Statecommunity in that State. This will ensure Minorities Commissions. The Nationalthat the benefits necessarily reach the target Minority Commission is actively engaged ingroup in the proportion of the population of looking into the interests and welfare of thethe group in each State. Minorities.Budgetary Support For 29. The National Minorities DevelopmentOperationalisation of New 15 Point and Finance Corporation (NMDFC) was setProgramme up in 1994, to provide special focus to the27. The Budget sends a clear signal that the economic development of Minorities. Thewelfare of minorities as a targeted social main objective of the NMDFC is to promotegroup has been put on the same pedestal as economic and development activities for thethat of SCs/STs and OBCs, worthy of specially benefit of the ‘ backward sections’ amongdesigned schemes and exclusive provisions. minorities, giving preference to women andIn a way, it marks the continuation of the occupational groups. The NMDFC providesapproach which saw the responsibility of funds for self employment at concessional“minority welfare” being carved out of the rates to minorities living close to poverty linesocial justice ministry to be entrusted to the (families with an annual income of less thanjust-created ministry of minority affairs. An Rs. 40,000 in rural and Rs. 55,000 in urbanallocation of Rs. 63 crore has been made for the areas. By the end of the 10th Plan, the NMDFCNational Minorities Development and Finance is projected to distribute Rs 1065 crores toCorporation over last year’s Rs. 16.47 crore. cover 3.01 lakh beneficiaries, with an outreachThe Budget also makes a special allocation of 2.19 percent of the eligible ( Double Belowof Rs. 108 crore for multi-sector development Poverty Line families). The National Minoritiesprogrammes for minority-dominated districts. Development Finance Corporation reachesThe number of districts with at least 25 percent the beneficiaries through State Channnelisingminority population is estimated at 103. Three Agencies (SCAs) nominated by the States anddifferent scholarships have been introduced through Non Governmental Organisationsfor minority students. Rs. 72 crore has been (NGOs). Presently, the NMDFC has 35 SCAs Report of the National Commission for Religious and Linguistic Minorities
  • 85. 81in 25 states and two union territories and a training to about 250 women in the trades ofnetwork of more than 150 NGOs throughout Cutting, Tailoring, Textile Designing, Arts &the country. Mainly Term Loans of up to Rs. Crafts etc.5 lakhs and Micro Finance of Rs. 25,000 perbeneficiary are provided through the SCAs 31. The Central Wakf Council, a statutory body,and the NGOs which have benefited 3.41 implements various charity and educationallakh beneficiaries so far. These two schemes programmes for weaker sections of Muslims.cover about 96 percent and 3 percent of the A wide variety of charitable activities,loan funds disbursed by the NMDFC. While including establishment of public hospitals,Muslims and other minorities have benefited asylums, libraries and caravan/serais,from the activities of the NMFDC, the total flow children’s education, care and rehabilitationof credit from the NMFDC in comparison to of physically disabled people, stipends for theother financial institutions is extremely small. poor and destitute, have traditionally beenThis limits the impact of NMDFC assistance carried out under the auspices of the Wakfon the economic progress of minorities. (i.e. endowment of property for charitableMoreover, obtaining a guarantee from the purposes). The Wakf Act, 1995, provides forState government remains the biggest hurdle better administration and supervision of Wakfsto getting a loan from the NMDFC. Also, due to through State Wakf Boards, which have beenfinancial constraints, the state government are constituted in 23 States and 5 UTs so far. Thereluctant to guarantee loans. Central Wakf Council looks after development of urban Wakf properties, and implements30. The Maulana Azad Education Foundation the educational and charitable programmes(MAEF), set up in 1989 and funded by for welfare of weaker sections. The CouncilMinistry of Minority Affairs, promotes also participates in developmental work byeducation among educationally backward implementing certain schemes, with grant-in-minorities. It provides financial assistance aid from the Central Govt. It received grant-for establishment and expansion of schools, in-aid amounting to Rs. 28.20 crore up to theresidential schools/colleges and laboratory year 2005-06. In turn, the Council extendedand infrastructure facilities, establishment of loans of Rs 28.47 crore to 14 States up tocomputer and vocational centres, construction March 2005. Through its Education Fund, theof hostel buildings, and Maulana Azad National Council implements scholarship programmesScholarships for Meritorious Girl Students, for poor students pursuing technical/as well as Maulana Azad Literacy Awards. The professional courses, grants to poor students,Foundation has a corpus fund of Rs. 200 crore. matching grants to State Wakf Boards forSince inception, the Foundation has sanctioned providing scholarships to school students andgrant-in-aid of Rs. 93.42 crore to 718 NGOs all establishment of vocational training centres inover the country. Muslims and Buddhists have Muslim concentrated areas. Up to March 2006,been the main beneficiaries as educationally a total of 10802 scholarships were awarded bybackward minorities. During 2005-06, the Council to students of technical degreethe Foundation has released scholarships courses. However, there is scope for greateramounting to Rs. 10.82 crore covering 10832 interventions for educational and economicbeneficiaries. The Foundation also awards empowerment though better management ofliterary awards for outstanding performance for Wakf properties.promoting education amongst educationallybackward minorities and organises in-service 32. The National Council for Promotion ofteacher training programmes in the states of Urdu Language, a registered society under theRajasthan, U.P., Maharashtra and Jharkhand. Ministry of Human Resource Development,The Foundation is also running a vocational is responsible for promotion of the Urdutraining centre at Ajmeri Gate, Delhi, imparting language. It helps to establish a link between Measures for Welfare and Development of Minorities
  • 86. 82the Urdu-speaking population with technical meeting periodically since then. A Standingand vocational education. It has established Committee established within the NMCME has228 Computer Application and Multi-lingual visited the States of Uttar Pradesh, Maharashtra,DTP Centres out of which nineteen Centres Andhra Pradesh, Karnataka and Kerala forare exclusively for girls. This programme has discussions with representatives of minorityproduced 13,161 girl students as medium communities, minority educational institutions,level professionals during the last five years. state governments and a cross-section of theThe Council has launched a Diploma in people. Thereafter it has submitted its ReportCalligraphy and Graphic Design in 12 Centres to the Government in November 2005. Itsincluding three exclusively for girls. A national recommendations are under examination inprogramme of Urdu learning through Hindi the concerned ministries, departments or stateand English medium on distance mode has governments for further action.been launched as also a Diploma Course inFunctional Arabic. The Council has received Achievements & Impact of Planneda grant of Rs. 82.21 crore from the GoI since Strategies for Weaker Sections/1996. Minorities33. The National Commission for Minority 35. For assessing the impact of developmentalEducational Institutions set up in 2004 to programmes and statutory measures on theadvise the Centre and state governments minorities, a comparison between physicalon any matter regarding the education of and financial targets and achievementsminorities as also to establish and administer thereof in various sectors is being made toeducational institutions of their choice. The identify gaps and obtain a realistic pictureNational Minority Educational Institutions of the challenges ahead in the succeedingCommission Act, 2004 allows for direct paragraphs.affiliation of minority educational institutionsto central universities. According to this, any Empowerment through Educationminority educational institution seeking 35.1. After independence, the Government ofaffiliation to a central university will be granted India took a number of steps to strengthensuch affiliation. The Commission can also look the educational base of weaker sectionsinto specific complaints regarding violation of society. While most of the relevantof the constitutional protection guaranteed educational programs are designed andto minorities to establish and administer implemented by the Ministry of Humaneducational institutions of their choice, and Resource Development, some are within thealso any dispute regarding affiliation to a purview of the Ministry for Social Justicescheduled central university. Within one year and Empowerment, Ministry of Minorityof establishment, the Commission received Affairs and yet others in the Ministry of Tribalover 250 complaints, petitions and several Affairs.suggestions. The Act was extensively amendedin 2006 empowering the Commission to enquire 35.1.1. The National Literacy Mission (NLM),into complaints regarding deprivation of or set up in 1988, aimed at attaining aviolation of rights of minority institutions and high and sustainable literacy level foralso disputes between minority educational the Indian population, by means of aninstitutions and a university relating to its integrated approach. While, total Literacyaffiliation. Campaigns, which are time-bound, participative, and outcome-oriented are34. The National Monitoring Committee for adopted as the chief strategy for impartingMinorities Education: This Committee was literacy, the Post Literacy and Continuingreconstituted in August 2004, and has been Education programmes consolidate the Report of the National Commission for Religious and Linguistic Minorities
  • 87. 83 initial learning. Under NLM, the following percent (from 37.41 percent to 54.69 achievements are noteworthy: percent). Similarly, the literacy rate of STs,  Over-all Literacy rate increased from which was 29.6 percent in 1991, rose to 47.1 52.21 percent in 1991 to 64.85 percent percent in 2001 (a 17.5 percent increase in in 2001. As regards minorities, their ten years). literacy rate has also gone upto 70.30 percent in 2001. 35.1.3. As per Census 2001, Literacy status of  Over-all gap in male-female literacy rate different communities, separately for decreased from 24.84 percent in 1991 to urban and rural population, sex-wise is 18.94 percent in 2001. About 60 percent given in Table 7.1. of the beneficiaries are women. Among minorities, gender gap in literacy has 35.1.4. At the all India level except for Muslims also come down to 12.56 percent in (59.1 percent), all other religious groups 2001. have higher literacy rates than the Hindus  597 out of the total 600 districts in the (65.1 percent). Jains have the highest country have been covered by NLM literacy rate of 94.1 percent, followed by literacy programs Christians (80.3 percent); Buddhists (72.7  Significant decline in absolute number percent); Sikhs (69.4 percent). Further, of illiterates from 328.88 million in 1991 in 2001, Female literacy rate of Muslim to 304 million in 2001. women was 50.1 percent compared to 53.7 percent for all communities. For35.1.2. Literacy campaigns have had an Muslim males, the literacy rate was 67.6 enormous impact on other social sectors. percent, in comparison to 75.3 percent They have served the cause of promoting for all communities. The literacy rates are equity and social justice in society, much higher, if the SC/ST and Muslim and fostering a scientific temper and a population is excluded from the total sense of belonging. It is noteworthy that population. Male female disparities in economically and socially weaker groups literacy rates is 22 percent for India as a were the ones plagued by high levels of whole; it is 23 percent amongst Hindus; illiteracy. Between 1991-92 and 2001, the 17.5 percent amongst Muslims and 24.6 literacy rates of SCs increased by 17.28 percent amongst the SC/ST. Regional Table 7.1: Literacy Rate of Population 7+ by Religion, Caste and Rural Urban Residence Area All Hindu SC ST Muslims Christians Sikh Buddhists Jain 1 2 3 4 5 6 7 8 9 10 All areas Total 64.8 65.1 54.79 47.1 59.1 80.3 69.4 72.7 94.1 Male 75.3 76.2 66.6 59.2 67.6 84.4 75.2 83.1 97.4 Female 53.7 53.2 41.9 34.7 50.1 76.2 63.1 61.7 90.6 Rural Total 58.7 59.1 51.2 45.0 52.7 74.5 64.2 66.9 87.5 Male 70.7 71.7 63.7 57.4 62.3 79.5 70.6 78.8 94.2 Female 46.1 45.7 37.8 32.4 42.7 69.7 57.2 54.6 80.3 Urban Total 79.9 81.3 68.1 69.1 70.1 90.9 83.6 81.6 96.1 Male 86.3 87.9 77.9 77.8 76.3 93.6 87.5 89.8 98.4 Female 72.9 73.9 57.5 59.9 63.2 88.3 79.2 72.9 93.8Source: Census of India( Primary Census Abstract) Measures for Welfare and Development of Minorities
  • 88. 84 variations are tremendous making in every religious group. Muslims are development a crucial variable. Rural not way behind in overall literacy but the urban literacy differentials are marked for distribution of literates by educational all groups; the gap is the widest amongst levels shows concentration of Muslims Hindus and lowest among the Muslims. at the lower levels but their attainment levels decline much sharper than other35.2. Religion wise Educational attainment groups.levels of religious communities at All India  Among all persons literates 7+, 21.5Level is given in the Table 7.2. percent Jains have education upto graduation and above, followed by35.2.1. As may be seen from Table 7.2, Christians( 8.7 percent); Hindus(7.01 educational attainment levels of percent); Sikhs (6.9 percent); Buddhists different social groups vary. Educational come next (5.7 percent) and Muslims attainment levels are the highest at 3.6 percent. Among male literates amongst Jains, followed by Christians, 7+ again Jains lead with 24 percent Sikhs, Hindus, Buddhists and the lowest followed by Christians( 8.8 percent); amongst the Muslims. Gender gap exists Hindus (7.9 percent); Buddhists come Table 7.2: Educational Attainment Levels of different Communities including Gender Gap Community Upto Primary level* Middle Secondary Senior Diploma Graduation Secondary All Religion 55.57 16.09 14.13 6.74 0.80 6.72 Hindus 54.91 16.18 14.25 6.92 0.80 7.01 Muslims 65.31 15.14 10.96 4.53 0.41 3.60 Christians 45.79 17.13 17.48 8.70 2.19 8.71 Sikhs 46.70 16.93 20.94 7.57 0.90 6.94 Buddhists 54.69 17.52 14.09 7.65 0.35 5.70 Jains 29.51 12.27 21.87 13.84 1.03 21.47 Others 62.12 17.48 11.24 4.55 0.26 4.35 Male All Religion 52.30 16.60 15.20 7.30 1.00 7.60 Hindus 51.50 16.70 15.40 7.60 1.00 7.90 Muslims 62.20 15.80 12.00 5.00 0.50 4.40 Christians 45.40 17.60 17.70 8.00 1.90 8.80 Sikhs 44.30 17.50 22.60 7.70 1.00 6.90 Buddhists 51.00 17.60 15.20 8.60 0.50 7.00 Jains 25.30 11.50 22.90 14.80 1.50 24.00 Others 59.40 18.40 12.30 4.90 0.30 4.60 Female All Religion 60.50 15.30 12.50 5.90 0.40 5.40 Hindus 60.20 15.40 12.50 5.90 0.30 5.60 Muslims 69.80 14.20 9.50 3.90 0.20 2.40 Christians 46.20 16.60 17.20 9.50 3.70 8.60 Sikhs 49.90 16.10 18.80 7.40 0.80 7.00 Buddhists 59.90 17.40 12.50 6.30 0.10 3.80 Jains 34.20 13.20 20.70 12.80 0.50 18.60 Others 67.10 15.70 9.40 3.90 0.10 3.80*includes literates without education, below primary level and primary levelSource: Census 2001 Report of the National Commission for Religious and Linguistic Minorities
  • 89. 85 next (7 percent), followed by Sikhs duration varying from 6 months to 2 years. (6.9 percent); and Muslims at 4.4 These include courses in various Crafts, Health percent. Among female literates 7+ again and Paramedical; Horticulture, Agriculture, Jains lead with 18.6 percent followed by Fisheries; Insurance Sector and Office related Christians( 8.6 percent); followed by activities; Computer science, Computer Sikhs (7 percent); Hindus(5.6 percent); hardware repair and maintenance; Rural Buddhists come next ( 3.8 percent); and marketing; International marketing, Home Muslims at 2.4 percent. science, etc. The NCERT (National Council of Educational Research and Training) from35.3. Mid-day Meal scheme (National Program time to time evaluates these courses and theirof Nutritional Support to Primary Education), relevance in the context of emerging needslaunched in 1995, covers nearly 12 crore in technology and changing global economy.children in over 8 lakh primary schools. This New courses on Bee keeping, Mushroomscheme is serving a dual purpose – raising the production, Life skills, Homeopathy, Ruralnutritional level of children, and enhancing health for women (in Hindi), Two Wheelerschool admission and retention levels. Each mechanics, and Radiography also are expectedchild is provided cooked mid-day meal with to be added to meet the requirement. In allminimum 300 calories and 8-12 gm of protein the new vocational courses, the concept ofcontent. The Mid-day Meal is a successful entrepreneurship has been incorporated.incentive programme. It covers all students, The pass outs are encouraged to establishincluding SCs/STs of primary classes in all their own production/service units. Emphasisschools in the country. is being laid on collaborative ventures in vocational education with industries, through35.4. Kendriya Vidyalayas (KVs) and the CII (Confederation of Indian Industries)Navodaya Vidyalayas (NVs) and National and others. In November 2005 NIOS andInstitute of Open Schooling (NIOS) reserve CII held a meeting to explore possibilitiesseats in favour of children belonging to SCs of partnership with CISCO and Microsoftand STs, in proportion to their population for conduct of Information Technology (IT)in the concerned district to a maximum of courses. Similarly, a meeting of NIOS and the50 percent. The National Institute of Open Rehabilitation Council of India in DecemberSchooling gives concession in admission 2005 discussed possibilities of developingfees to SC/ST students for bridge courses vocational education courses for differentlyand for senior secondary courses. NIOS is abled children. The NIOS is also streamliningthe largest open schooling system in the and strengthening its courses, in order toworld. During 2005-06, it had more than 13 provide opportunities for human resourcelakh students on its rolls at the secondary development aimed at youth employmentand senior secondary stages. NIOS has been and entrepreneurship. It seeks to equippursuing its mission to reach the unreached learners with appropriate skills for sustainableby providing opportunities for schooling to livelihoods and create a pool of technologicallythose who missed opportunities to complete qualified human resources.schooling. 35.6. The vocational education should inter35.5. Vocational Education: Vocational alia include:education is a distinct stream at the higher i. The courses offered should be modular,secondary stage in the national education competency based, with multi point entrysystem. It intends to prepare students for and exit.identified occupations spanning several areas ii. These courses should be demand drivenof activities. NIOS offers about 107 distinct and based on the needs’ surveys conductedVocational Education (VE) courses with their for industries /user organisations. Measures for Welfare and Development of Minorities
  • 90. 86iii. Recognition and equivalence of the courses students and upgradation of Merit Scheme for should be provided based on the National Scheduled Caste students. Hostel assistance is Vocational Education Qualification and also provided to Scheduled Caste/Scheduled Certification Framework. Tribe and Other Backward Class includingiv. A system of testing of skill and bridge minority students at middle, higher secondary courses should be developed to facilitate and college level. people without any formal education to get enrolled in the regular system of courses 35.9. Special pre-examination coaching is and nationally recognised certification may also provided to weaker sections including be provided by the National Competency Scheduled Castes/Scheduled Tribes/Other Testing Agency. Backward Classes and Minorities for admission to technical and vocational institutions and35.7. In addition to the general educational services related courses as well as prospectiveschemes available to all sections of society, job-seekers in government and private sector.there are certain schemes specifically designedfor financial assistance to Scheduled Castes/ 35.10. Higher and Technical Education: TheScheduled Tribes/Other Backward Classes University Grants Commission (UGC) hasand Minorities. These include (i) post-Matric earmarked quota of 15 percent for SCs and 7.5Scholarships to provide financial support percent for STs in appointments, in teachingto Scheduled Caste/Scheduled Tribe and and non-teaching posts, admissions, hostelOther Backward Class students to pursue accommodation etc, in universities/collegesstudies beyond Matriculation; (ii) pre-Matric administered by the Central government. TheScholarship meant for Scheduled Caste/ State universities follow reservation policies asScheduled Tribe students and implemented prescribed by the respective state governments.by State Government. However, the Central UGC also provides financial assistance forGovernment provides funds for this scheme Remedial Coaching to SC and ST students forfor children of those engaged in unclean undergraduate and postgraduate students,occupations. Scholarships to OBC students are and for preparation for the NET (Nationalawarded to those whose parents’ income does Eligibility Test). The UGC’s scheme fornot exceed Rs. 44,500/- per annum. Details of Remedial Coaching Classes for Disadvantagedcentral assistance released and beneficiaries Minority Groups shall enable them to competecovered under the post-Matric scheme during in various competitive examinations, to securethe last four years are given in the Table 7.3. admissions in professional courses, and to become self-reliant.35.8. The National Overseas ScholarshipScheme is available for Scheduled Castes/ 35.11. Indira Gandhi National Open University:Scheduled Tribes/De-notified Nomadic Set up in 1985, IGNOU provides opportunities Table 7.3: Coverage of SC/ST/OBC Students under Post-Matric Scholarship Scheme Year SC Student ST Student OBC Student Central Beneficiaries Central Beneficia- Central Beneficia- Assistance (in lakhs) Assistance ries Assistance ries released released (in lakhs) released (in lakhs) (in crores) (in crores) (in crores) 2002-03 153.05 18.94 51.59 5.76 18.74 5.86 2003-04 264.99 19.44 65.79 7.52 17.00 15.96 2004-05 330.27 22.66 101.38 7.60 18.75 12.70 2005-06 (upto Dec.’05) 377.98 24.99 181.33 8.74 19.09 13.12Source: Annual Reports of MOSJ&E and Min. of Tribal Affairs Report of the National Commission for Religious and Linguistic Minorities
  • 91. 87to study socially relevant, innovative and need schools, where needed. Viability is establishedbased programmes to all school pass-outs, on the basis of a school mapping exercise.including those belonging to disadvantaged The target identified during the Tenth Plan isgroups (physically challenged, homemakers, 325 blocks and 4 districts of Assam. Duringminority groups, geographically remote etc). the Tenth Plan period, the componentIGNOU provides a flexible and open system of of infrastructure development is beingeducation with regard to methods and pace of implemented in this region only. The secondlearning, combination of courses and eligibility major component of the AIMM scheme isfor enrolment etc, thus enhancing access Madrasa Modernisation. This componentand equity in education to those who have aims at inclusion of modern subjects in thebeen unable to access opportunities provided Madrasa system, so that students can bethrough the formal system. linked to the mainstream education system in the country. To some extent, this has35.12. Community Polytechnics: The scheme been successful but more effort is requiredof Community Polytechnics, in operation to ensure that students from Madrasas joinsince 1978-79, undertakes rural community the mainstream educational system. Thedevelopment activities through application Madrasa Modernisation scheme is limitedof science and technology. Target groups for in scope and not a substitute for the regulartraining under this scheme are unemployed education of children. The scheme includesrural youth, minorities, SCs, STs, women, school payment of salary for teachers, and grantsdropouts and other disadvantaged sections of for purchase of science kits and setting upsociety. They are provided need based skills to of book banks. It provides for the salary ofhelp them become self-employed or to obtain two teachers per Madrasa @ Rs 3000 pergainful employment, so as to enhance their month per teacher, for teaching modernsocial and economic status. The Community subjects like science, mathematics, EnglishPolytechnics contribute substantially by and social sciences. A grant of Rs 7000 istransferring appropriate and advanced given for purchase of science/maths kits andtechnologies to the rural masses. At present, another grant of Rs 7000 for book banks andthere are 660 Community Polytechnics in the strengthening of libraries. The assistance iscountry. available to Madrasas all across the country irrespective of the curriculum they pursue.35.13. Specific Interventions for EducationalAdvancement of Minority groups: Two major 35.14. The Tenth Plan allocation for theschemes relating to minorities, i.e. Scheme of AIMMP scheme (covering componentsArea Intensive programme for Educationally of infrastructure development as well asBackward Minorities and the Scheme of Madrasa modernisation) was Rs 83.92 crore.Financial Assistance for Modernisation The expenditure during 2002-03, 2003-04 andof Madrasa Education have been merged 2004-05 was Rs 28.45 crore, Rs 29.00 croreinto a single scheme in the Tenth Five Year and Rs 22 crore respectively. In 2004-05 thePlan, called the Area Intensive Madrasa expenditure of Rs 22 crore was incurred forModernisation Programme (AIMM). Under construction of 11 hostels for girls, 11 seniorAIMM, the components of the old scheme secondary school buildings, and payment ofare being carried forward: a: infrastructural salaries for teachers teaching modern subjectsdevelopment and b) Madrasa Modernisation. in 575 Madrasas.Under this revised scheme, 5000 Madrasaswere to be covered during the Tenth Five Enrolments at Various Stages ofYear Plan. A major objective of the scheme is Educationto provide basic educational infrastructure 35.15. India, today, has the second largestin primary/upper primary and secondary educational system in the world after China Measures for Welfare and Development of Minorities
  • 92. 88with a total enrolment of 222.03 million out 35.17. Sarva Shiksha Abhiyan and its impact:of whom 45 percent are girls. Further, girls Sarva Shiksha Abhiyan (SSA) stands forform 47 percent of the 128.27 million children universalisation of elementary educationenrolled in the primary classes; 44.4 percent of satisfactory quality with emphasis onof the 48.73 million at the middle stage; 41.12 education for life for children in age group 6-14percent of the 35 million at the high/higher years. The SSA is expected to cover the entiresecondary stage and 39.68 percent of the 10 country with a focus on educational needs ofmillion students enrolled in institutions of girls, SC ,ST, minorities and other children inhigher learning. In fact, during 1950-51 to 2003- difficult circumstances. Sarva Shiksha Abhiyan04, India’s total enrolments at various stages of aims at achieving universal enrolment ineducation have gone up from 19.2 million to schools and bridging of all gender and social128.3 million children in the primary grades; category gaps at primary stage by 2007 andfrom 3.1 million to 48.7 million at the middle at elementary education level by 2010. Moststage and from 1.5 million to 35 million, at the states are nearing the quantitative targetshigh/higher secondary stage. Due to the strong of access and enrolments but retention andgender focus of the education for all initiatives quality still remain areas of concern and theduring the 1990s as also the pro Girl Child and system is gearing itself to improve teacherpro-women policies and programmes during quality and classroom processes focussingthis decade, girls’ education has progressed on learners. Success of SSA would requireand the gender gaps are narrowing. However, expansion and universalisation of secondarythe regional, rural urban and inter group education, a major challenge to meet thedisparities remain and need to be targeted demands of the 21st century Knowledgespecifically. Society. The successful implementation of SSA and universal secondary education of tenImpact of Special programmes, Schemes years will ensure educational opportunitiesand Incentives for SCs and STs to all irrespective of caste, class, religion and35.16. There has been a visible impact of place of residence.special programmes and incentives for SCsand STs. Consequently, number of Scheduled 35.18. As part of the Sarva Shiksha AbhiyanCaste children have shown steady increase. (earlier the District Primary Education ProjectDuring 1980-81 to 2003-04, their enrolment and Education For All programmes), a strategichas gone up from 11 million to 23 million in shift is noticed in educational planning toprimary classes; from 2.2 million to 8 million target hither to unreached geographic areasat the middle stage and from 1.1 million to and the marginalised groups of our society.4.8 million at the Secondary stage and girls Two-pronged interventions were launched,forming 44.8 percent, 41.4 percent and 38.2 namely, the National Programme for Educationpercent at these levels respectively. As against of Girls at the Elementary Stage (NPEGEL)this, though the number of Scheduled Tribe and the Kasturba Balika Vidyalayas (KGBV ).children have also progressed but at a slow Both schemes are being implemented inpace on account of difficult topography, Educationally Backward Blocks (EBBs) whereunfriendly terrain, and forests, among others. rural female literacy is below national averageDuring 1980-81 to 2003-04, enrolment of of 46 percent and where the gender gap isScheduled Caste children has gone up from also above the national average of 22 percent.4.6 million to 12.5 million in primary classes; In all 2656 Educationally Backward Blocksfrom 0.74 million to 3.7 million at the middle have been identified in 20 States on the basisstage and from 0.33 million to 1.95 million at of the 1991 Census. The NPEGEL launchedthe Secondary stage and girls forming 45.9 in 2003 as an integral yet separate genderpercent, 41.7 percent and 37.4 percent at these component for education of underprivilegedthree levels respectively. disadvantage girls at the elementary level. Report of the National Commission for Religious and Linguistic Minorities
  • 93. 89This programme aims at development of organisation whereby, free textbooks,Model Cluster School for Girls at Cluster level an additional instructor if necessary,with infrastructure and facilities like teaching training to the instructor in the Statelearning equipment, library, sports etc.; curriculum, can be provided. BasedGender sensitisation of teachers; teaching on State reports, 8720 Madrasas, (6867learning materials, provision of incentives recognised and 1853 unrecognised /nonand intense mobilisation of communities. registered Madrasa) are being supportedKGBV (Residential Schools for Girls) approved under SSA in 13 states. According to Allin July, 2004, for setting up 750 residential India Educational Survey by Nationalschools with boarding facilities at elementary Council for Education Research Traininglevel for girls belonging predominantly to (NCERT), only 4 percent of the MuslimSC, ST, OBC and minorities, in difficult and children in the age group 7-19 yearsremote areas. Of these 118 KGBVs are to be set study in Maktabs which is lower in theup in blocks with predominance of Muslims. case of urban areas and enrolments areThese schools are preferably to be run by the same for boys and girls. If Madrasasreputed NGOs and other non-profit making and Maktabs are combined, only 6.3bodies. The Education Guarantee Scheme and percent of the Muslim children study inAlternative and Innovative Education (EGS & them.AIE) provide special thrust to education ofchildren in school-less habitations and out- 35.20. Sarva Shiksha Abhiyan and Out ofof-school children, through flexible strategies School Children: The intervention underincluding bridge courses, residential camps, Sarva Shiksha Abhiyan and its predecessorremedial coaching, drop-in centres etc. District Primary Education Project have hadDuring 2005-06, this component helped a positive impact on school enrolments withprovide elementary education to 62.26 lakh substantially improved access and schoolchildren. environment. The number of out of school children estimated at 42 million at the start ofFocus on Educationally Backward the Tenth Plan, has come down to 23 million inMinorities September 2004 according to Mid Term Review35.19. SSA has identified 93 districts in 16 of the Tenth Plan ( June, 2005). The success ofstates for focused attention to education Sarva Shiksha Abhiyan is further evident asof minority children. During 2005-06, 2643 close to 93 percent children in age group 6-primary schools, 1978 upper primary schools 13 years are in school according to a recentand 2900 EGS centres have been sanctioned study carried out in June, 2005 by the Socialin minority concentrated districts. In addition, and Rural Research Institute for Ministry ofSSA provides: Human Resource Development. According to Special emphasis on modernisation of this study and as indicated in the Table 7.4, Madrasas- modern syllabus and training there are a total of 13.5 million children (6.94 of teachers percent of the total children) in the age group Support to Madrasa: Under this scheme, 6-13 years who are out of school comprising Madrasa affiliated to State Madrasa 7.89 percent rural children and 4.43 percent Board and satisfying conditions children in urban areas. While among SC specified for State Government aided children in this age group, 8.55 percent of schools, are eligible for assistance. A rural children are out of school compared large number of children especially girls, to 6.25 percent in urban areas, among ST studying in Madrasas which are not children in this age group, 10.11 percent of recognised or affiliated, an EGS or AIE rural children are out of school compared to center can be started at the Madarasa 4.21 percent in urban areas. Similarly, among by the local body/community based OBC children in this age group, 7.73 percent Measures for Welfare and Development of Minorities
  • 94. 90 Table 7.4: Number of out of School Children Aged 6-13 by Social Groups in India, 2006 SC ST OBC Muslim Others All Rural No of Age group 6-13 Years 31636193 15679597 52496839 13031745 32698516 145542890 No of out of School Children 2706025 1585833 4059259 1567717 1434764 11353597 6-13 Years % out of School Children 8.55 10.11 7.73 12.03 4.39 7.80 Urban No of Age group 6-13 Years 6384600 1690685 14172257 9562673 16675537 48485753 No of out of School Children 398841 71145 543001 685535 407614 2106137 6-13 Years % out of School Children 6.25 4.21 3.83 7.17 2.44 4.34 All No of Age group 6-13 Years 38020794 17370283 66669095 22594419 49374053 194028643 No of out of School Children 3104866 1656978 4602260 2253252 1842378 13459734 6-13 Years % out of School Children 8.17 9.54 6.90 9.97 3.73 6.94Source All India Survey of Out of School Children in the 6-13 years age group by Social & Rural Research Institute for Deptt. of Elementary Education& Literacy, MHRD, GOI 2006of rural children are out of school compared Muslim families do not enroll their childrento 3.83 percent in urban areas. As against this, in regular schools and Children sent only topercentage of out of school children among religious schools (Madrasas) lag behind theirMuslim children in this age group is 9.97 compatriots in the mainstream educationalpercent comprising 12.03 percent of rural system. Students from Madrasas are unablechildren and 7.17 percent of urban children. to take advantage of upcoming employment opportunities as they mismatch qualifying35.21. A study on ‘Socio-economic Status of educational requirements.Minorities – Factors for their Backwardness’,by Centre for Research, Planning and Action, Economic EmpowermentNew Delhi, conducted in urban areas of five 36. Economic empowerment of weakerstates i.e. Maharashtra, Punjab, Tamil Nadu, sections of the society comprising ScheduledUP and West Bengal, spread over 15 cities Castes, Scheduled Tribes, Other Backwardselected on the basis of high concentration of Classes and minorities is a priority area forreligious minorities, covered households with the Government. Among the minorities, theincome upto Rs. 3,000/- p.m. indicate that proportion of BPL segment is calculated as 28.6735.68 percent of minority population had no percent (according to the study by Agriculturalformal education. Graduates were only 5.82 Finance Corporation Ltd, Mumbai, 2006) andpercent and post-graduates 1.26 percent. The ‘Double the BPL’ proportion is estimated as 43ratio of those with no formal education or percent. As per Planning Commission’s surveyprimary education was as high as 71 percent conducted in 1999-2000, the incidences ofamong Muslim families indicating that direct poverty are more in rural areas than that ofefforts need to be made to enhance access to urban areas for all communities except in caseeducation for Muslim families. of Muslims. Among Muslims, the incidence of poverty is significantly more in urban areas35.22. Another study conducted on (36.92 percent) as compared to rural areas (27.22Educational Status of Minorities by AROH percent). The government has taken variousFoundation, New Delhi, found that many steps towards the economic empowerment Report of the National Commission for Religious and Linguistic Minorities
  • 95. 91of weaker sections. The important schemes/ areas along with food security and creationprogrammes, institutional arrangements of durable community assets in rural areas.to implement these and the achievements It specially emphasised wage employmentregistered during the past years are discussed to women, SCs, STs and parents of childrenbelow. withdrawn from hazardous occupations. 22.5 percent of the annual allocation both at theSchemes Applicable to All Sections of District and Intermediate Panchayat levels isPopulation earmarked for individual/group beneficiary36.1. Employment Generation Schemes: Rural schemes of SC/ST families living below theEmployment Generation Programme (REGP) Poverty Line (BPL). Minimum 50 percent of theand Prime Minister’s Rozgar Yojana (PMRY) Village Panchayat allocation is earmarked forare two employment generation credit-linked creation of need based village infrastructuresubsidy schemes. Of these, Rural Employment in SC/ST habitations/wards. The Scheme hasGeneration Programme is implemented by an annual allocation of about Rs 6000 croresKhadi & Village Industries Commission (KVIC) and 50 lakh tonnes of food grains. Duringand Prime Minister’s Rozgar Yojana by State 2004-05, 50.00 lakhs tonnes of food grainsGovernments through District Industries was released, Rs. 6018.63 crores expenditureCentres (DICs). Under Rural Employment incurred, a total of 8223.09 lakh mandays ofGeneration Programme, capital subsidy in work created, and 1639619 works completed.the form of margin money is provided for In December 2006, the Ministry of Ruralsetting up labour-intensive village industries. Development has decided that minimum 15Self-help groups are also provided assistance percent beneficiaries of SGRY will be from theunder Rural Employment General Programme. minority communities.Since its inception in 1995 up to March 2005,2,09,705 projects have been financed and 28.06 Swarnjayanti Gram Swarozgar Yojanalakh additional job opportunities created. (SGSY)Approximately 12.4 percent Scheduled Castes, 36.4. Launched in 1999, Swarnajayanti Gram5.7 percent from Scheduled Tribes; 23.8 percent Swarozgar Yojana is a major self-employmentOther Backward Classes and 12.8 percent programme being implemented throughoutMinorities have been the beneficiaries. About the country. Its guidelines stipulate that at25.8 percent beneficiaries have been women. least 50 percent of the beneficiaries will be Scheduled Castes/Tribes, 40 percent women,Prime Minister’s Rozgar Yojana and 3 percent disabled. Subsidy under SGSY36.2. Since its inception in 1993 has been will be uniform at 30 percent of the projectproviding institutional finance to educated cost, subject to a maximum of Rs 7500. For SC,unemployed youth for setting up economically ST and Disabled however, subsidy limit is 50viable ventures in rural and urban areas. percent of the project cost subject to maximumUnder PMRY, loans have been disbursed to of Rs 10,000.22.80 lakhs self-employment ventures, leadingto generation of employment for 34.20 lakh National Food for Work Programmepersons. During 1993-99, the proportion of (NFFWP)beneficiaries belonging to Scheduled Castes/ 36.5. This programme was launched in 2004,Scheduled Tribes was about 21 percent and the in 150 most backward districts of the country,share of OBCs was 26 percent. to create additional wage employment. The additional resources are being channelledSampoorna Grameen Rozgar Yojana into focus areas like water conservation and(SGRY) drought proofing, which are a major cause of36.3. Launched in 2001, SGRY aimed at backwardness in some regions. Wages are paidproviding additional wage employment in rural as a mix of cash and food grains, and will be not Measures for Welfare and Development of Minorities
  • 96. 92less than the minimum wages. Equal wages are for providing credit related relief to Farmersto be ensured for women and men workers. in distress, Farmers in arrears and Farmers indebted to informal sources; and a One timeNational Rural Employment Guarantee settlement scheme for small and marginalAct (NREGA) farmers who have been declared defaulters36.6. This scheme was notified in September and have become ineligible for fresh credit.2005. Under National Rural EmploymentGuarantee Act, employment is to be provided to Enhancing Employment Potential inevery rural household for 100 days a year to an Industrial Sectoradult member who volunteers to do unskilled 36.8. Various schemes of the Centralmanual work. Every person who does the work Government aim to reorient employmentis to be paid minimum wages, which shall not opportunities to enable weaker sections ofbe less than sixty rupees per day. Employment is the society to face the challenges of economicto be provided within 15 days of application for reforms and expanding private sector, throughwork. At least one third of beneficiaries have to equipping them with suitable technical skills,be women. The works are to be recommended appropriate technologies and opportunitiesby the Gram Sabha, and Panchayati Raj for vocational training. Efforts are being madeInstitutions (PRIs) have a principal role in to modernise technologies and upgrade skillsplanning and implementation. Transparency, in traditional arts and crafts sectors suchpublic accountability and social audit are to be as handlooms, handicrafts, lace making,ensured through institutional mechanisms at glasswork and metal work, ensuring valueall levels. The focus of the program is on land addition so that the products are competitivedevelopment and water conservation works. in modern markets. A substantial proportionThe Act envisages a collaborative partnership of the traditional artisans in such industriesbetween Central and State governments, belong to minorities, particularly the MuslimPanchayati Raj Institutions and the local community. Sector-wise details are as under:community. National Rural EmploymentGuarantee Act is being extended to 200 districts 36.8.1. Textiles sector is the second largestin the first phase of its operation and will cover provider of employment after agriculture.the entire country within a period of five years. Majority of weavers and artisans belongDuring 2007-08 the scheme is being extended to Scheduled Caste, Scheduled Tribeto another 130 districts. and minority populations. These groups are frequently linked to hereditaryEnhancing Employment Potential in or subsistence based occupations, inAgricultural Sector the unorganised as well as organised36.7. An essential requirement for accelerated textiles sector. Though many schemesagricultural growth is the timely availability devised and implemented by successiveof institutional credit in a hassle free manner, governments for this sector do notat a reduced rate of interest. In line with this adhere to specific community or socialrequirement, the Government announced groups, yet as a majority of thosea comprehensive policy in June 2004. The employed in these sectors belong tomeasures envisaged include accelerated flow those groups, they are naturally theof agri-credit to farmers through Commercial major beneficiaries. These schemesbanks, Cooperative banks, and Regional have had a significant impact in termsrural banks; enhancement of coverage of of employment as well as incomeinstitutional credit through Kisan Credit Cards generation and living standards of theScheme, which provides revolving credit artisan groups among weaker sectionscash facility enabling frequent withdrawal of society, as indicated below.and repayment; and restructuring of loans 36.8.2. Decentralised power loom, hosiery Report of the National Commission for Religious and Linguistic Minorities
  • 97. 93 and knitting form the largest section material to this sector through the Hank of the Textile sector. The Technology Yarn Obligation Order. The Integrated Upgradation Fund Scheme (TUFS), Handloom Cluster Development Scheme launched in 1999, makes funds available is a centrally sponsored scheme, in which to the domestic textile industry for 20 handloom clusters have been identified upgrading the technology of existing for development in the first phase at an units, and setting up new units with state- estimated cost of Rs 40.00 crores. The of-the art technology. The Textile Workers’ Health Insurance Scheme for handloom Rehabilitation Fund Scheme (TWRFS), weavers, launched in November 2005, launched in 1986, provides relief and aims at financially enabling weavers’ rehabilitation measures to workers upon community to access the best healthcare the closure of a mill. facilities in the country. The scheme covers the weaver, spouse, and two children, at a36.8.3. A quick survey was organised through total premium of Rs 1000.00 per annum, the Ministry of Textiles regarding the of which GoI contributes Rs 800, and the coverage of religious minorities under weaver contributes Rs 200. The annual the different Training and Employment coverage is Rs 15,000 per family. Similarly Schemes. As per results of the survey the Mahatma Gandhi Bunkar Bima during 2004-05 to 2006-07 (upto February, Yojana was launched in October 2005, 2007), there were 10,875 trainees with the objective of providing enhanced enrolled in powerloom service centres insurance coverage to handloom weavers and Computer-aided Design Centres in case of natural or accidental death. (CADCs), of which 2,653 belonged to During the Tenth Plan, Rs 625.00 crores the religious and linguistic minorities has been provided for the implementation comprising 1966 Muslims, 161 Christians of various handloom sector schemes. and 526 linguistic minorities. 36.8.5. Handicrafts are important culturally36.8.4. Handlooms sector provides employment and economically. They have high to about 6.5 million people, contributing employment potential, low capital about 13 percent of the total cloth investment, and high value addition. The production, on 3.5 million looms. The growth of employment in the handicrafts sector is wholly weaver oriented, with sector has been from 52.92 lakhs in 1997- the majority of weavers belonging to 98 to 63.81 lakhs in 2004-05. According to the poorest and marginalised sections the Ministry of Textiles (Annual Report of society. According to the Ministry 2005-06), women constitute 47.42 percent of Textiles (Annual Report 2005-06), of of the total workforce in handicrafts, the total workforce, women constitute while 37.11 percent of the workforce is 62.40 percent and Scheduled Castes/ Scheduled Caste/Scheduled Tribe. In this Scheduled Tribes constitute 32 percent. sector about 32.5 percent of the outlay is It is concentrated in the decentralised earmarked for the benefit of Scheduled sector. Under the Deen Dayal Hathkargha Castes, Scheduled Tribes and women Protsahan Yojna (DDHPY), the Ministry artisans @15 percent, 7.5 percent and 10 of Textiles provides support to those percent respectively. Handicrafts export agencies in this sector that employ 100 increased from Rs. 6457.69 crore in 1997- percent Scheduled Castes/Scheduled 98 to Rs.15616.32 crores during 2004-05. Tribes/Women/Minorities. The grant Important recent initiatives include the is shared in the ratio of 75:25 between setting up of an India Exposition Mart the Centre and the concerned State. The at Greater NOIDA; Handicrafts Bhawan Government has ensured availability of raw at New Delhi; restoration of Bamboo & Measures for Welfare and Development of Minorities
  • 98. 94 Cane Development Institute, Agartala, their collectives. The Small Industries and a scheme for urban Haats at prime Development Organisation (SIDO) is the locations at the cost or Rs 2.00 crore apex organisation since 1954 for assisting each. While sixteen Haats were set up the government in this sector. The during the Ninth Plan period, 21 Haats Growth Centres Scheme and Integrated have been sanctioned during Tenth plan Infrastructural Development Scheme period (upto February 2006). A number provide assistance for establishing small of schemes are being implemented for scale and tiny units, creating employment development of handicrafts, including opportunities, and increasing exports. Baba Saheb Ambedkar Hastshilp Guidelines provide that the schemes Vikas Yojana, Design and Technology be taken up in conjunction with credit Upgradation Scheme, Marketing and and employment schemes, i.e. Prime Support Services Scheme, Training and Minister’s Rozgar Yojana (PMRY), Rural Extension Scheme etc. During 2005-06, Employment Generation Programme new components included the Artisans (REGP), Credit Linked Capital Subsidy Credit Card Scheme under which Scheme etc. Employment in Small Scale credit flow of Rs 250 crore by Financial/ Industries has risen from 158.34 lakh Banking institutions will be extended to persons in 1990-91, to 282.57 lakh persons approximately one lakh artisans across in 2004-05. the country. National awards are given out to Master Craftspersons every year, 36.8.8. The total employment in the Small to encourage artistic skills and excellence Scale sector, including unorganised in craftspersons. manufacturing and services, is as high as 713.86 lakh people (2001-02). Small Scale36.8.6. In the North Eastern region, the Industries include small enterprises in food decentralised textile sector comprising processing, glass and ceramics, leather and handloom, power loom, sericulture, leather products including footwear and handicrafts, wool and jute forms the garments, biotech industries, drugs and main source of gainful employment and pharmaceuticals, dyes, gold plating and income generation for the people. These jewellery, locks, toys, wooden furniture, sectors therefore require special attention paints, rubber processing, industries for the amelioration of the conditions of based on aromatic and medicinal plants, minorities. poultry, hatcheries and cattle feed, wires and cables, auto parts and components,Small Scale Industries electronic equipment etc. Of the total36.8.7. The Ministry of Small Scale employment in Small Scale Industries, Industries (SSI) assists the States to a substantial proportion is bound to be promote growth and development of from the backward and marginal sections the Small Scale Industries, enhance among the Scheduled Castes, Scheduled their competitiveness, and generate Tribes, Other Backward Classes and additional employment opportunities. minority communities. Muslim artisans The schemes undertaken are for have traditionally specialised in certain training and upgradation of skills; occupations such as making of locks, facilitation or provision of credit from wooden furniture in some geographical financial institutions and banks; funds sites, gold plating and jewellery making for technology upgradation; integrated etc, so they are covered under the Small infrastructural facilities; training and Scale Industries sector for upgradation skills upgradation; capacity building of their traditional skills along with and empowerment of the units and technological progress. Report of the National Commission for Religious and Linguistic Minorities
  • 99. 95Agro and Rural Industries and resources in the tribal belt of the State.36.9. Agro and Rural Industries deals with Similar multi-artisanal projects are beingkhadi and village and coir industries through discussed in Kollam district in Kerala,the Khadi and Village Industries Commission for coir, handicrafts, cashew processing(KVIC) and the Coir Board (CB), and etc. and in Dausa in Rajasthan for stonecoordinates implementation of the REGP and cutting and carving, leather, handloom,PMRY (employment schemes). While the khadi khadi, handicrafts, etc. The Commissionprogramme comprises hand spun and hand is also re-examining the National Policywoven cotton, woollen, silk and muslin varieties, on Urban Street Vendors and interactingthe village industries programme includes the with various stakeholders. A draft of thefollowing seven broad classifications: revised National Policy on Urban Streeti. Mineral based Industry; Vendors has been referred to the Ministryii. Forest based Industry; of Urban Employment and Povertyiii. Agro and rural Industry; Alleviation.iv. Polymer and chemical based Industry;v. Rural engineering and Biotechnology; Council for Advancement of People’svi. Handmade paper and Fibre Industry; Action and Rural Technologyvii. Service Industry. 36.9.3. Council for Advancement of People’s Action and Rural Technology (CAPART):36.9.1. Khadi & Village Industries Commission Established in 1986, CAPART acts as a undertakes skill improvement and catalyst for development of technologies marketing support activities in the appropriate for rural areas. It promotes process of generating employment/ different models of development, self-employment opportunities in the through promoting the efforts of NGOs above industries, in rural areas. It was in the relevant areas. These include able to generate 76.78 lakh employment support to NGOs within the Scheme opportunities during 2004-05. for Natural Resource Development and Management (NRDM), Scheme for RuralNational Commission for Enterprises in Industrialisation, Income Generationthe Unorganised Sector and Market Access (RIIMA), Scheme36.9.2. National Commission for Enterprises for Rural Development and Promotion in the Unorganised Sector (NCEUS) was of Information Technology (TRD and set up in 2004 for a period of three years, PIT), Rural Infrastructure Development to examine the problems of enterprises Scheme (RIDS), Human Resource in the unorganised sector and suggest Development Scheme (HRDS), and measures to overcome them. NCEUS has Scheme for Empowerment of SC, ST & constituted Task Forces to deliberate on Disadvantaged Groups and for Persons social security for unorganised sector with Disabilities in rural areas (EWSCTD). workers; and skill formation in the The achievements under these various unorganised sector. NCEUS has also schemes are discussed below: proposed the formation of Growth Poles in different parts of the country, integrating 36.9.4. Under National Resource Development a number of unorganised production Management, which promotes water units within a geographical location. A conservation, irrigation and agriculture few pilot projects for Growth Poles have development, Council for Advancement been proposed, and discussions are on of People’s Action and Rural Technology with the Government of Chhatisgarh for has sanctioned 88 projects (till 31.12.2005) a multi-product multi-artisan project at involving assistance of Rs. 7.19 crores. Kondagaon in Bastar, based on the skills Under Rural Industrialisation, Income Measures for Welfare and Development of Minorities
  • 100. 96 Generation and Market Access, which in the attempt to enhance credit flow to supports skill orientation/income minorities at the national level. It is a national- generation programs and market support level apex financial body, functioning under activities like Gramshree Mela, CAPART the Ministry of Minority Affairs. Its aims and has sanctioned 20 projects involving objectives include: assistance of Rs. 1.04 crores. Gramshree  To promote economic and developmental Melas at various places in the country activities for the backward sections among provide avenues for the products produced minorities, preference being given to the by rural artisans and SHGs. occupational groups and women;  To assist individuals or groups belonging to TRD and PIT scheme supports activities minorities by way of loans and advances for such as establishment of technology economically viable schemes and projects; resource centres, technology service  To promote self-employment and other centres, communication resources ventures for the benefit of minorities; networks, training in computer  To extend loans and advances to eligible application, and intellectual property members for pursuing general, professional rights and related issues. Under this or technical training or education at scheme CAPART has sanctioned 112 graduate or higher level; projects involving assistance of Rs 4.18  To assist upgradation of technical and crores. Under RIDS, programmes for entrepreneurial skills of minorities for rural innovative habitat development, efficient management of production units; integrated environmental sanitation,  To assist State-level organisations dealing rural infrastructure development, etc are with development of minorities by providing promoted. CAPART has sanctioned 27 financial assistance or equity contribution; projects under the RIDS scheme, involving  To work as an apex institution for assistance of Rs. 2.04 crores. Under HRDS, coordinating and monitoring the work of all activities include capacity building of PRI corporations, boards or other bodies set up functionaries, promotional workshops, by States/UTs for assisting the minorities in and training of rural unemployed youth their economic development; and for sustainable and gainful employment.  To help in furthering the governmental For imparting skills training to one lakh policies and programmes for development unemployed youth from 50 backward of minorities. districts of the country, 29 Nodal NGOs have been identified and training 37.1. NMDFC provides financial support to imparted to their representatives. minority families having income below the Under the EWSCTD scheme, CAPART double poverty line. At present this amounts undertakes capacity building of NGOs. to an annual family income of less than Rs It has sanctioned 20 projects under this 40,000/- in rural areas and Rs 55,000/- in urban scheme (till 31.12.2005) involving an areas. Funds are channelised through State assistance of Rs. 1.11 crores. CAPART Channelising Agencies (SCAs) and NGOs. At incurred total expenditure of Rs. 55.05 present there are 35 operational SCAs in 24 crores during 2004-05. States and 2 UTs, who channelise the NMDFC funds for development work. Of these 35Specialised Financial Institutions agencies, 12 are exclusive corporations for37. The National Minorities Development and minorities, while 16 are corporations forFinance Corporation, set up in 1992, provides Scheduled Castes/Scheduled Tribes/Otherspecial focus to economic development of Backward Castes/Women, and 7 are Statethe backward sections among minorities. bodies, Industrial Corporations, CooperativesEstablishment of NMDFC is a major landmark or banks with a mandate to serve special Report of the National Commission for Religious and Linguistic Minorities
  • 101. 97occupational groups or purvey credit to  Marketing Assistance to Crafts persons:priority sectors. In the network of NMDFC, To support crafts persons in marketthere are about 150 NGOs across the country promotion and sale at remunerativefor implementing the scheme of micro-finance prices, NMDFC finances SCAs and NGOslaunched in 1998-99. in organising exhibitions at selected locations, for sale of the handloom37.2. NMDFC Lending Schemes and and handicraft products of minorityProgrammes: The main activity of the community crafts persons.Corporation is to extend term loans up to  Assistance for Design development /SkillRs 5.00 lakhs to beneficiaries from minority upgradation: NMDFC provides grants tofamilies whose income is below double the SCAs and NGOs to give exposure to craftspoverty line, for financing viable projects. persons to new designs and for training toNMDFC finances up to 85 percent of the upgrade their skills to meet the challengeproject cost to a maximum of Rs 4.25 lakh; the of the changing market.SCA provides 10 percent and the beneficiarycontributes 5 percent of project cost. The rate Performance and Impact of NMDFCof interest charged from SCA is 3.5 percent 37.5. The Corporation has an authorisedp.a., which in turn charges 6 percent from the share capital of Rs. 650 crore out of which theborrowers. Micro-finance scheme, run on the Government of India’s share is 65 percent. TheSHGs (Self Help Groups) concept with the help Government of India has so far contributedof selected NGOs is for the poorest members Rs. 375.36 crore in equity of the Corporationof minorities who generally have no access to while Rs. 96.50 crore has been contributedformal bank credit. Under Mahila Samriddhi by the various State Governments. Since itsYojana, the Corporation bears the training inception, during the last twelve years, thecost and stipend for training that is provided Corporation has provided financial assistanceto groups of about 20 women, in suitable craft of Rs. 917.75 crores to 3,41,077 beneficiariesactivities. The group is formed into a SHG and through State Channelising Agencies andafter the training, micro-credit is provided. NGOs. Table 7.5 depicts the trends in the disbursements and coverage of beneficiaries37.3. Education Loan: This scheme provides by NMDFC:loan for professional and technical courses withgood employment potential up to a maximum 37.6. Quantum disbursed by NMDFC for termduration of 5 years. loans had gone up from Rs 3003.94 lakh in 1994- 95, to Rs. 12667.37 lakh in 2004-05 but cameMargin Money scheme: Financial assistance is down to Rs. 9818.00 lakh in 2006-07. The numberprovided to the eligible beneficiaries to meet the of beneficiaries of term loans has gone up inrequirements of margins asked for by banks for the same period from 9570 to 34449 personssanctioning of loans. NMDFC has launched a in 2004-05. The total number of beneficiariesspecial programme for economic development upto 2006-07 was 2,17,071 persons, with a totalof minorities in the 41 minority concentrated disbursement of Rs. 9818.00 lakh. Term loansdistricts (MCDs). are the major component of NMDFC lending. The growth rate of the scheme was uneven37.4. NMDFC’s Promotional Schemes include in the initial years, but showed a constantthe following : upward trend after 1997-98 uptill 2004-05 after Vocational Training: Short term need- which it declined during the last two years. based vocational trainings are supported The year 2004-05 showed substantial increase by NMDFC contributing 85 percent as in disbursement of term loans, from Rs. 81.43 grant to the organisers, who are local crore in 2003-04 to Rs. 126.67 crore, registering recognised training institutes. a growth rate of 66.38 percent. Measures for Welfare and Development of Minorities
  • 102. 98Table 7.5: Performance of the NMDFC in Terms of Disbursement and Coverage of Beneficiaries (Rs. in lakhs) Parameters 2003-04 2004-05 2005-06 2006-07 Physical Parameters (A) Disbursements a) Term Loan 8,143.22 12667.37 9354.40 9818.00 b) Micro Finance 435.31 830.77 1000.77 1317.13 c) Educational Loan 81.25 404.67 455.60 140.00 d) Mahila Samridhi Yojna 2.69 2.75 4.45 6.96 e) Interest Free Loan 7.08 1.07 1.21 0.00 f) Vocational Training Programme 14.24 19.49 30.17 43.78 Total: 8,683.79 13.926.12 10846.60 11325.87 g) Total Cumulative Disbursement 55,676.12 69,602.24 80448.84 91774.71 (B) Beneficiaries a) Term Loan 17,816 34,449 22,213 21,771 b) Micro Finance 6095 10544 10303 25482 c) Educational Loan 368 1103 1195 530 d) Mahila Samridhi Yojna 97 74 154 320 e) Interest Free Loan 3320 490 590 0 f) Vocational Training Programme 816 691 1389 858 Total: 28,512 47,351 35,844 48,961 g) Total Cumulative Beneficiaries 2,08,921 2,56,272 2,92,116 3,41,077 h) No. of SHGs formed 276 41 (C) Recoveries in % a) from SCAs to NMDFC 90.24 87.00 82.57 83.87 b) from NGOs to NMDFC 80.00 85.00 85.80 88.64 (D) Fund Utilisation in %* 91.06 91.81 100 100 (E) Net Worth (Equity plus Reserves) 39,015.18 48,123.27 52.921.63, 56,685.00 (F) Cumulative Disb./ Net Worth 1.43 1.45 1.52 1.62*Utilisation includes administrative and promotional expenditures(Source: NMDFC).37.7. The micro-finance scheme, started in lakh. The beneficiaries increased during the1998-99 benefited 798 persons in that year, years 2004-05 and 2005-06 to 1103 and 1195with total disbursement of Rs.34.12 lakh. The respectively but came down to 530 duringquantum of disbursement under the scheme 2006-07. The amount of disbursement alsohas been showing an upward trend upto registered a decline during 2006-07.2006-07 except sharp decline during the year2002-03. The total disbursement under the 37.9. The Mahila Samriddhi Yojana began in ascheme has gone up to Rs.1317.13 lakhs during small way in 2002-03 and an amount of Rs.1.532006-07 covering 25,482 beneficiaries. lakh was disbursed to 40 beneficiaries. The disbursement and coverage of beneficiaries has37.8. The education loan scheme, began in been increasing continuously with an amount2003-04, benefited 368 persons in that year, of Rs.6.96 lakh during 2006-07 covering 320with a financial disbursement of Rs.81.25 beneficiaries. Report of the National Commission for Religious and Linguistic Minorities
  • 103. 9937.10. Under NMDFC’s promotional However, it may be mentioned that recoveryschemes, the beneficiaries of interest free from beneficiaries is poor and henceloan component were 2340 in 1998-99 with recovery from States is not an indicator ofdisbursement of Rs.4.90 lakh. The number of the performance. Authorised share capital ofbeneficiaries went up to 10430 in 2001-02 with NMDFC needs to be substantially enhanced.disbursement of Rs.21.71 lakh. The coverage The limit on channelising agencies in Stateunder the scheme is, however, coming down needs to be lifted and there should be no needthereafter with a disbursement of Rs.1.21 lakh for State guarantees.only during 2005-06 with 590 beneficiaries.No disbursement has been reported during 37.13. The community-wise disbursement ofthe year 2006-07. funds under Term Loan and Micro Finance as well as coverage of beneficiaries is shown in the37.11. The amount disbursed for Vocational Table 7.6.Training during the years 1999-2000 and2000-01 was Rs.4.45 lakh and Rs.17.95 lakh Table 7.6: Community-wise Disbursement ofrespectively covering 139 and 290 beneficiaries. Funds by NMFDCWhile the disbursement under this scheme Community Beneficiaries % Funds providedhas been increasing gradually amounting to (Rs. In crores)Rs.43.78 lakh during 2006-07, the number of Muslims 77 457beneficiaries of the programme has gone down Christians 15 89to 858 as against 1389 during 2005-06. Sikhs 7.5 45 Buddhists 0.5 337.12. Further, it may be evident from Parsis 0 0Table 7.5 that the amount of disbursement Total 100 594and number of beneficiaries under various Source: Rapid Assessment of the Role of Financial Institutions inschemes has been increasing year after year the Upliftment of Minorities in the Country, by Agricultural Finance Corporation Ltd, Mumbai, 2006except occasional decline as discussed inthe above paragraphs. The total amount ofdisbursement under various schemes has 37.14. As may be seen from the Table 7.6,been Rs. 917.75 crores benefiting a total maximum amount of loan was disbursed toof 3,41,077 beneficiaries. However, the Muslims, followed by Christians and Sikhs.assistance provided has been very limited, Buddhists account for a very small percentage ofboth in terms of physical and financial beneficiaries, and Parsis have not taken up thecoverage. It is apparent from Planning loans at all. State-wise disbursement of fundsCommission’s survey that the number of BPL under term loan and beneficiaries coverage asfamilies among minorities in rural and urban on 31.3.2005 is given in the Table 7.7.areas is substantial. Economic empowermentof women from these households can only be 37.15. As may be evident from the Table 7.7,achieved by organising them as SHGs and maximum amount of term loan was availedproviding them micro credit. by Uttar Pradesh (19.31 percent), West Bengal (15.90 percent), and Kerala (14.29 percent).37.12 The percentage of loan recovery was Between them, these three States corner aboutabove 90 percent during 2002-2003 and 2003- 50 percent of the total loan disbursement.04 but has come down to 83.87 percent from Other States where there has been substantialState Channelising Agencies and was 88.64 disbursement are Gujarat (8.17 percent),percent from NGOs by the end of the financial Karnataka (7.33 percent), Andhra Pradeshyear 2006-07. This indicates that more and (4.41 percent), Maharashtra (4.26 percent)more recyclable fund is becoming available and Mizoram (4.13 percent). These 8 Statesto NMFDC for implementing its objectives. between them have availed of about 75 Measures for Welfare and Development of Minorities
  • 104. 100 Table 7.7: State-wise Disbursement of Loans and Beneficiaries Coverage (Term loan only) Cumulative as on 31 March, 2005 (figures in lakh) Sr State/UT Minority % of country Amt. % Benefi- % No. population Min. population disbursed disbursement ciaries coverage covered 1 Andhra Pradesh 82.32 4.34 2981.32 4.41 17413 9.71 2 Assam 93.01 4.91 436.58 0.65 1010 0.56 3 Bihar 138.15 7.29 2520.11 3.73 6450 3.60 4 Chandigarh 1.89 0.1 68.12 0.10 159 0.09 5 Chhattisgarh 9.45 0.5 65.26 0.10 271 0.15 6 Delhi 23.33 1.23 275.00 0.41 593 0.33 7 Gujarat 49.52 2.61 5525.41 8.17 13437 7.50 8 Haryana 24.27 1.28 1573.97 2.33 4048 2.26 9 Himachal 2.75 0.15 451.56 0.67 867 0.48 Pradesh 10 Jammu & 71.34 3.76 1614.76 2.39 2955 1.65 Kashmir 11 Karnataka 78.81 4.16 4954.64 7.33 14302 7.98 12 Kerala 139.26 7.35 9663.67 14.29 23943 13.36 13 Madhya Pradesh 43.72 2.31 1319.51 1.95 5054 2.82 14 Maharashtra 174.39 9.20 2882.95 4.26 4146 2.31 15 Manipur 9.32 0.49 189.26 0.28 430 0.24 16 Mizoram 8.54 0.45 2789.21 4.13 9945 5.55 17 Nagaland 18.28 0.96 1843.29 2.73 3179 1.77 18 Orissa 16.87 0.89 773.05 1.14 2665 1.49 19 Pudducherry 1.27 0.07 60.25 0.09 123 0.07 20 Punjab 153.08 8.08 2078.88 3.07 4371 2.44 21 Rajasthan 56.89 3.00 484.12 0.72 1077 0.60 22 Tamil Nadu 72.71 3.84 914.00 1.35 1898 1.06 23 Tripura 4.57 0.24 216.21 0.32 470 0.26 24 Uttar Pradesh 319.34 16.85 13056.29 19.31 31293 17.46 25 Uttarakhand 12.64 0.67 25.00 0.04 75 0.04 26 West Bengal 210.65 11.12 10751.99 15.90 28904 16.12 27 Others 78.71 4.15 100.00 0.15 196 0.11 Total 1895.08 100 67614.41 100 179274 100Source: Rapid Assessment of the Role of Financial Institutions in the Upliftment of Minorities in the Country, by Agricultural Finance Corporation Ltd,Mumbai, 2006percent of the Term Loan disbursement. country’s minority population, but share onlyThe State of Uttarakhand availed the lowest 2.31 percent and 3.60 percent of the loansamount of Rs 25 lakh (0.04 percent). disbursed.37.16. From the point of view of social equity, 37.17. The data contained in Table 7.7 isthe beneficiaries of Term Loan coverage and based on the Report of Agriculture Financeloan amount should be in proportion to the Corporation which was asked by theminority population of the State. However, Commission to conduct a study on the rolethere are disparities on this count. For of financial institutions in the upliftmentexample the States of Maharashtra and Bihar of minorities. However, as per latest datahave 9.20 percent and 7.29 percent of the received from the NMDFC, disbursement to Report of the National Commission for Religious and Linguistic Minorities
  • 105. 101States upto the end of 2006-07 aggregates to agriculture. The major financial institutionsRs. 870.52 crore with 2,24,447 beneficiaries. are NABARD (National Bank for Agriculture and Rural Development) and SIDBI (SmallOutreach of NMDFC Industries Development Bank of India),37.18. The NMDFC has been able to cover which are playing an important role in theonly 1.60 percent of those eligible to receive development of agriculture, small scaleeconomic development support under industries and the rural sector as a whole.its programmes upto 31st March, 2005 asindicated in the Table 7.8. 38.3. Though none of the Commercial banks, Regional Rural Banks, Cooperative banks Table 7.8: Outreach of NMDFC or Financial Institutions have any scheme S.No. Total minority 1960.06 lakh exclusively for minorities, they participate population (projected) in various poverty alleviation programmes of 1. Proportion BPL 28.67% the Central and State governments (such as 2. Proportion Double BPL 43% SGSY, SGRY, PMRY, PMGSY, IAY, SJSRY, DRI 3. Population below 842.83 lakh etc) where members of minority communities double BPL are being covered on the basis of prescribed 4. Population covered by 2.54 lakh x 5.3 NMDFC = 13.46 lakh economic criteria. The government has been Reach (%) 1.60% concerned about the low credit takeoff bySource: Rapid Assessment of the Role of Financial Institutions in minority community members. Governmentthe Upliftment of Minorities in the Country, by Agricultural Finance has therefore instructed banks to ensure thatCorporation Ltd, Mumbai, 2006. the credit flow to minorities is extended in adequate measure, through various schemesBank Credit to Minorities and programmes. With a view to ensuring38.1. The scheduled Commercial banks, adequate credit flow to minorities, the RBI hasRegional Rural Banks sponsored by Public issued guidelines to all the Commercial Banks.sector banks, and Cooperative banks The guidelines include the directive thattogether provide rural credit delivery in the smooth flow of bank credit through variouscountry. Reserve Bank of India has directed government-sponsored schemes should bethe Commercial banks to provide loans to the ensured; a special cell should be set up inpriority sectors comprising agriculture and each bank for this purpose; and an officerallied activities; small, tiny, cottage and village be posted in Lead Banks to exclusively lookindustries; rural artisans, small traders etc to after credit flow to minorities and publicisethe tune of 40 percent of their credit portfolio. various programmes among the minorityThis includes 18 percent of lending exclusively communities of the area. The half-yearlyto agriculture and 10 percent to weaker sections figures for credit flow to minorities is to beof society. Regional Rural Banks were set up sent to the RBI, and the progress of credit toto cater to the needs of the poor in agriculture minority communities is to be periodicallyand micro-enterprises sector. Today, rural reviewed.and urban areas characterised by poverty areserved by over 1.50 lakh retail credit outlets 38.4. The status of Credit Disbursement tocomprising over 92000 cooperative societies, Minorities in the 41 Minority concentratedmore than 12000 branches of Cooperative districts, by the scheduled Commercial banks,banks, and over 14000 branches of RRBs and shows an increase in the number of accounts34000 branches of Commercial banks. from 1460349 in 2001 to 1479586 in 2005. The total increase in accounts in the five year period38.2. Besides, there are a few Financial is 19237, showing a growth of 1.31 percentInstitutions (Development Banks) which only. On the other hand, the loans outstandingprovide long term capital for industries and increased substantially from Rs 265452.49 Measures for Welfare and Development of Minorities
  • 106. 102 Table 7.9: Credit Flow to Minorities in MCDs, by Scheduled Commercial Banks Year No. of accounts Amount (in lakh Rs.) %age increase in no. of %age increase in A/Cs over previous year Amount over previous year 2001 1460349 265452.49 10.21 18.34 2002 1330735 306843.06 -8.88 15.59 2003 1307746 361219.27 -1.73 17.72 2004 1415094 397996.03 8.21 10.18 2005 1479586 520141.24 4.56 30.69Source: Rapid Assessment of the Role of Financial Institutions for Upliftment of Minorities in the Country, by Agricultural Finance Corporation Ltd,Mumbai.lakh to Rs 520141.24 during the same period, growth rate is 21.98 percent in number ofi.e. a growth of 95.95 percent. The growth rate accounts in 2004-05 over the previous year,of credit outflow is satisfactory, although it Karnataka has a growth rate of 18.32 percent.appears that a relatively few account holders It is 10.06 percent in UP, 8.38 percent inare cornering a larger share of the credit. This Gujarat, 6.55 percent in Kerala but is negativetrend needs to be corrected to ensure flow in the other States. With respect to the loansof credit to the poorest among the socio- outstanding for the financial year 2004-05, 10economically backward minorities. Details are States have registered good growth over thegiven in the Table 7.9. previous year, ranging from 18-20 percent (in Andhra Pradesh) to 98.97 percent (in38.5. Review of the State-wise Credit flow in Madhya Pradesh). Only the State of Rajasthanthe 41 Minority concentrated districts in 11 has fared badly, with a negative growth rate.States indicates that while in Madhya Pradesh, Details are given in the Table 7.10. Table 7.10: State-wise Credit Outflow in Minority Concentration Districts (no. of accounts and amt in lakh rupees) Name of the Avg. minority No. of Accounts Amount outstanding State population in minority- 31.3.2004 31.3.2005 % 31.3.2004 31.3.2005 % concentrated increase increase districts (percentage) UP 35.05 249242 274318 10.06 77494.22 95904.76 23.76 West Bengal 35.14 353880 353881 0.00 49392.08 74968.56 51.78 Kerala 39.47 402690 429066 6.55 123206.60 161491.40 31.07 Bihar 42.14 87852 78727 - 10.39 12537.18 16250.39 29.62 Karnataka 17.86 56517 66871 18.32 12599.37 18473.65 46.62 Maharashtra 22.83 40296 35848 - 11.04 76892.20 93794.79 21.97 Andhra 28.7 124120 81127 -34.64 32626.41 38568.72 18.21 Pradesh Haryana 37.22 8299 8451 1.83 3399.61 4134.58 21.62 M.P. 22.86 81398 99288 21.98 6430.90 12775.77 98.97 Rajasthan 23.64 6933 6561 - 5.37 1894.63 1846.49 - 2.54 Gujarat 20.80 3867 4191 8.38 1515.86 1912.13 26.14 Total 1415094 1438329 1.64 397996 520141.20 30.69Source: Reserve Bank of India Report of the National Commission for Religious and Linguistic Minorities
  • 107. 10338.6. Analysis of details of credit flow in the of bank accounts and bank credit should beminority concentrated districts indicate proportionately more than that which is atthat 1479586 accounts (25.6 percent) with present. In the case of Sikhs and Buddhists tooRs. 5201.41 crore (11.71 percent) out of the the share is less than their population i.e. 1.87total of 5782595 accounts with Rs. 44417.22 percent and 0.77 percent respectively. Thecrore outstanding under priority sector small average amount per loan availed byadvances (as on 31 March 2005) belonged to Muslims, Sikhs and Buddhists may be anminorities. The community-wise share is as indicator of their lower credit absorptionshow in Table 7.11. capacity which may be due to lack of knowledge of trades and activities, entire perennial skills38.7. The Muslim population in these 41 and difficulty in availing loans. Counseling,districts is about 33.35 percent of the total technical guidance and training need topopulation of these districts, so their share be provided on a large scale.. The average loan amounts are higher in the case of other Table 7.11: Community-wise Outflow in beneficiaries. Minority Concentrated District (in percent) 38.8. The details of number of accounts and Community No. of Amount amount outstanding community-wise in Accounts outstanding minority concentrated districts during 2001- Muslim 20.61 7.96 2005 is given in the Table 7.12. As indicated Christian 3.84 2.35 in the Table, maximum number of accounts Sikhs 0.92 0.86 and amounts outstanding going to Muslims, Buddhists 0.22 0.51 followed by Christians, Sikhs, Buddhists and Parsis 0.01 0.03 Parsis. Table 7.12: Percentage of No. of Accounts and Amount Outstanding Cumulatively in Respect of Minority Communities in the Minority Concentrated Districts during the Period 2001-05 Minority Communities Muslims Christians Sikhs Buddhists Parsis Sr State No of No. of No. of No. of No. of No. Amt Amt Amt Amt Amt A/Cs A/Cs A/Cs A/Cs A/Cs % % % % % % % % % % 1 A.P. 11.53 4.59 4.63 1.72 0.20 0.41 0.01 0.01 0.49 0.11 2 Bihar 28.12 21.25 0.21 0.09 0.32 0.33 - - 0 0 3 Gujarat 10.58 4.09 0.79 0.44 0.73 0.78 0 0 0.01 0.04 4 Haryana 26.51 7.07 1.34 0.50 4.26 3.98 - - 0 0 5 Karnataka 11.91 9.63 1.45 0.82 0.43 0.25 0.07 0.08 - 0.01 6 Kerala 33.41 27.32 20.59 17.76 0.03 0.04 0.01 0.01 - - 7 M.P. 3.59 1.22 0.44 0.24 0.16 0.40 0.08 0.31 - - 8 Maharashtra 9.94 2.15 2.17 1.18 1.20 0.68 4.35 1.12 0.13 0.12 9 Rajasthan 17.84 8.16 0.08 0.02 1.13 1.04 0 0 0 0 10 U.P. 24.78 11.63 0.23 0.28 3.86 3.67 0.01 0.02 - - 11 West Bengal 38.97 26.75 0.55 0.49 0.08 0.38 - - - -Note (-) negligibleSource: Reserve Bank of India Measures for Welfare and Development of Minorities
  • 108. 104National Bank for Agriculture and Rural NABARD aggregated Rs. 3085.91 crore by theDevelopment above date. SHGs enable the poor, especially38.9. National Bank for Agriculture and Rural women from the poor households, toDevelopment (NABARD) was set up by the collectively pool their meagre resources andCentral Government as a developmental bank prioritise their use for attaining sustainablewith the objective of facilitating credit flow development. Active participation of womento agriculture, rural industries and crafts, (90 percent) and timely loan repaymentand promote integrated rural development. (95 percent) are prominent features of thisIt has various programmes for upliftment of program.weaker sections of society comprising smalland marginal farmers, STs and SCs, and 38.11. NABARD continues to sponsor capacitypeople living below the poverty line. Members building programs for various partnersof minority communities have benefited through training inputs and technical support,from NABARD’s different schemes aimed and supports governmental efforts to dovetailat economic development of the poor and micro-finance practices with the povertymarginalised people. These schemes include alleviation programs, besides extendingsupport to small and marginal farmers; 100 percent refinance support to banks forspecial line of Credit for tribals; SC/ST Action financing SHGs. NABARD has conductedPlan; Comprehensive Tribal Development as many as 24357 training programmesProgram; Swarnajayanti Swarozgar Yojana; for banks, government, NGOs, SHGs etc. ItPromotion of non farm Sector; Cluster coordinates micro-finance efforts at national,Development; Skill upgradation and design State and district levels, and monitors, reviews,development for handloom weavers; documents and prepares data bases for theDevelopment of Women through area micro-finance sector.programme; Assistance to rural women in nonfarm Development; Rural entrepreneurship Small Industrial Development Bank ofdevelopment programme; and Micro-finance Indiaprogramme. 38.12. Small Industrial Development Bank of India (SIDBI) was established in 1990 as38.10. Members of minority communities are the principal institution for financing andactive participants in a large number of self- development of small-scale industry (SSI).help groups (SHGs) formed and functioning SIDBI has organised SHGs as a promisingsuccessfully in different parts of the country. tool for job creation and income generationNABARD played a pioneering role in the for the poor. Any individual or organisation inintroduction and spreading of the concept the SSI sector, including minority communityof SHGs with bank linkages, encouraging the organisations, can obtain financial assistancepoor to plan their thrift regularly, and use for setting up new small scale units, and forthe pooled amounts to make small interest- expansion, modernisation and diversification.bearing loans to members. Through SHGs, The SIDBI Foundation of Micro Credit wasfinancial services are provided to the launched in 1999 for channelising funds to thepoor in a sustainable manner, leading to poor, with the objective of creating a nationalempowerment. Started on a pilot basis network of strong, viable and sustainablein 1992-93, the program has become the Micro Finance Institutions from the formalworld’s largest micro-finance program in and informal sectors, to provide micro financeterms of its outreach. As on 31.3.2005, the services to the poor, especially women. Up toprogramme had enabled an estimated 242.5 31.03.2005, SIDBI sanctioned loans worth Rslakh poor households to gain access to micro- 527 crores under its micro credit program, infinance from the formal banking system. The favour of 22 lakh beneficiaries. SIDBI’s impactcumulative refinance support extended by study indicates that the support has reached Report of the National Commission for Religious and Linguistic Minorities
  • 109. 105deserving poor women who would otherwise cases of crimes against the Scheduled Castesbe unable to access credit from the formal dropped from 33,507 in 2002 to 19,351 cases inbanking system. 2003. Effective implementation of the Indian Penal Code, PCR and POA Acts is necessaryRashtriya Mahila Kosh to protect the rights and interests of those38.13. Rashtriya Mahila Kosh (RMK): Set treated as untouchables, Scheduled Tribesup in 1993 by the Central Government, and Scheduled Castes ensuring their safetyRMK promotes activities for provision of and security.credit to women from poor households, asan instrument of socio-economic change, 39.1. Eradication of manual scavenging isthrough a package of financial and social a national priority. Dry latrines are beingdevelopmental services. RMK generates converted into water-borne latrines, andsetting up and sustenance of income scavengers are being trained in other kinds ofgenerating activities, assets creation, as work, and rehabilitated. The aim is to achievewell as tiding over contingent, social and total eradication of this inhuman practice onconsumption needs. It works through a a time-bound basis and with a Mission Modeset of Micro Finance Organisations at the Approach by 2007.intermediary level, and thrift and creditgroups of SHGs of borrowers at the grassroots 39.2. Strengthening grassroot democraticlevel. The assistance from RMK is available institutions: Strengthening of Panchayatito poor women irrespective of caste or Raj Institutions and Gram Sabhas as per thereligion. By the end of January, 2006, 45,447 provisions of 73rd and 74th ConstitutionalSHGs were formed with 5,37,652 members. Amendments is a measure of far-reaching consequences for decentralisation ofSocial Justice governance. Through these measures, the39. Social justice measures for the weaker participation of disadvantaged groupssections of society include legal measures including women, in these institutionsthat ensure protection of civil rights and curb of grassroots planning and governance issocial discrimination. The Protection of ensured. The powers of the local bodies haveCivil Rights (PCR) Act, 1955, and the SC and also been enhanced. Through increasedST Prevention of Atrocities (POA) Act, 1989 participation in these local bodies, the interestsare two important pieces of legislation that and concerns of the weaker sections areaddress the problems of social discrimination, receiving greater attention. Developmentaluntouchability and of exploitation and goals are getting tuned to the needs andatrocities against disadvantaged groups. priorities of the relatively marginalised groups,Special courts/mobile courts are provided thus benefiting them. The Gram Sabha isfor under the POA Act for on-the-spot trials empowered to emerge as the foundationand speedy disposal of cases. Ninteen states of Panchayati Raj. Devolution of funds ishave appointed special officers/ squads/ cells accompanied by devolution of functions andto ensure effective implementation of the functionaries as well. Reservations for deprivedAct. The Tenth Plan outlay for the scheme of classes including women of the populationImplementation of the PCR and POA Acts was in Panchayats and in leadership positions inRs 170 crore. Financial assistance is provided Panchayats is today a reality. The impact ofto strengthen administrative, enforcement these measures can be seen, with more thanand judicial machinery related to these 21 lakh representatives today elected tolegislations, speedy redressal of grievances the three levels of Panchayats, of which 40as well as timely and adequate relief and percent are women, 16 percent are Scheduledrehabilitation of the affected persons. Castes and 11 percent are Scheduled Tribes.According to the Crime in India Report, This step not only leads to political Measures for Welfare and Development of Minorities
  • 110. 106empowerment of weaker sections of society, Tribes: Consequent on the bifurcationincluding members of the various religious of National Commission for Scheduledcommunities, but also empowers the elected Castes/Scheduled Tribes, NationalPanchayat bodies to function as units of local Commission for Scheduled Tribes wasself-government. constituted in February, 2004. It is also a high level constitutional body to39.3. Steps are afoot for the effective monitor the safeguards provided forimplementation and monitoring of the Scheduled Tribes and has wide powers20-Point Programme for ensuring social to protect, safeguard and promote thejustice to SCs and the 15-Point Programme interest of Scheduled Tribes. Reportsfor protection and development of minorities. of the Commission along with ActionThis includes implementation of the three- Taken Report are required to be tabled inpronged strategy of ‘Awareness Generation’ Parliament.by (i) changing the general mind-set and iii) National Commission for Safaiattitudes towards the weaker sections, (ii) Karamcharis: The National Commissionconscientisation of the Target Groups to make for Safai Karamcharis was set up underthem conscious of their own rights, privileges the provisions of National Commissionand governmental support available for for Safai Karamcharis Act, 1993 tothem, emphasising a participatory approach promote and safeguard the interestsand (iii) sensitising both officials and non- and rights of safai karamcharis. Theofficials with special training programmes so Commission has been empowered tothat they can work with the right perspective investigate specific grievances as wellto meet the special needs of the minority as matters relating to implementationgroups. of programmes and schemes for welfare of safai karamcharis. Reports of the39.4. In addition, existing Commissions for Commission along with Action TakenScheduled Castes, Scheduled Tribes, Other Report are required to be laid on theBackward Castes, Minorities, and Safai table of the Parliament.Karamcharis are taking steps to safeguard the iv) National Commission for Backwardrights and interests of these groups and ensure Classes (NCBC) NCBC was set up in 1993social justice to them as under: as a permanent body for entertainingi) National Commission for SCs: Consequent requests from castes/communities for upon 89th Constitution (Amendment) Act, inclusion/exclusion in the Central List of 2003, the National Commission for SCs OBCs for each State/UT and complaints & STs was bifurcated and the National of over-inclusion and under-inclusion Commission for SCs re-constituted in in the List of OBCs, examining them and February 2004. The Commission is a high advising the Govt. of India. As per the level independent constitutional body to provision of the Act, the advice issued monitor the safeguards provided for SCs. by the Commission shall ordinarily be It has wide powers to protect, safeguard binding upon the Government. and promote the interests of SCs, and v) The National Commission for Minorities has been conferred powers of civil court (NCM) set up in 1978 aims to protect to try a suit and summon and enforce the interests of minorities. As stated in attendance of any person from any part the Ministry of Home Affairs Resolution of India and examine him/her on oath. dated 12.1.1978: “despite the safeguards Reports of the Commission along with provided in the Constitution and the Action Taken Report are required to be laws in force, there persists among the tabled in Parliament. Minorities a feeling of inequality andii) National Commission for Scheduled discrimination. In order to preserve Report of the National Commission for Religious and Linguistic Minorities
  • 111. 107 secular traditions and to promote welfare and development of weaker sections national integration the GOI attaches the of society, their empowerment through highest importance to the enforcement education and economic development should of the safeguards provided for the get priority. The Tenth Plan indicated, however, minorities and is of the firm view that that as a result of developmental programmes effective institutional arrangements are and schemes, the ratio of SCs and of STs urgently required for the enforcement below poverty line has been decreasing. As and implementation of all the safeguards corresponding information on poverty levels provided for the minorities in the for all religions is not available, the current Constitution, in the Central and State estimates of poverty head count based on laws and in the Government policies 61st Survey Report of NSSO do not give a very and administrative schemes enunciated heartening picture of the Muslim community. from time to time”. The NCM is responsible to evaluate the progress 39.7. Most recent estimates place all India of development of minorities, make Poverty Head count at 22.7 percent based recommendations for protection of the on 365 recall period 2004-05. In absolute interests of minorities, examine specific numbers, this amounts to over to 251 million complaints regarding deprivation of people spread cross India. SCs/STs together rights of the minorities and take up such are the most poor with a Head Count matters with the appropriate authorities. Ratio (HCR) of 35 percent followed by the The NCM has devised its own procedure Muslims who record the second highest to deal with the grievances of minority incidence of poverty with 31 percent people communities. The Commission’s reports below the poverty line. Incidence of poverty are submitted to Parliament along with among Muslims in urban areas is the an Action Taken Report. highest with HCR of 38.4 percent. The Hindu (general) is the least poor category with an39.5. Efforts for Communal harmony: HCR of only 8.7 percent and the OBCs are atNational Commission for Minorities has intermediary level HCR of 21 percent closed toalso from time to time taken up the cause of the all India average.sensitising the defence and police servicespersonnel to issues affecting maintenance of 39.8. Muslims (Ashrafs) have benefitedpeace within the communities. This relates from the general schemes available for allto prevention and handling of riots, and also sections of society, the Non Ashrafs, boththe capacity to understand and appreciate Ajlafs and Arzals are bracketed together underothers’ points of view. Such sensitisation the OBC category. Ajlafs comprise of suchprogrammes have been organised at national occupational groups as carpenters, artisans,Police Academy, College of Air Warfare and painters, grazers, tanners, milkmen etc andat State levels. Joint peace committees in Arzals, lowliest among Muslims, consist ofthe mohallas and holding of meetings with Halakhor, Lalbegi, Abdal, and Bediya.community leaders, is very important andmakes a difference when the atmosphere is Gaps and Challengesotherwise vitiated by communal tension/riots. All possible steps need to be taken to 40. As is evident from the poverty figures,instill confidence and a feeling of security in literacy, education and employment data, theminority communities, particularly in areas Muslim minority is, more or less, at par withof tension or violence. SCs/STs, BPL families etc. It was only in late seventies that backwardness of education of39.6. To sum up, while the government is Muslim minority started receiving specialtaking a very wide range of measures for the attention and resulted in some action on the Measures for Welfare and Development of Minorities
  • 112. 108part of the State. After Census 2001 brought Independence for their welfare, the reach isout its First Religion Report the statistics inadequate. It is important to identify gapson several aspects of population by religion in the overall endeavours to bring about all-(literacy, educational attainment, sex ratio, round development of weaker sections ofwork participation became available in the society. A critical review of the status of thepublic domain that resulted in public debate minority communities indicates that as in theand State action. In the last two years of the case of other weaker sections in the backwardsTenth Plan, special attention has been paid amongst minorities, in terms of educationalto Muslim children under SSA and other and economic progress, in access to basicmeasures have been taken to improve the infrastructure and share in decision makingsocial and economic conditions of Muslims have miles to go.in areas of high Muslim concentration.Regional Dimension of Development: A Measures Suggested forMajor Challenge Accelerated Development and40.1. Analysis of data region wise indicates Welfare of Minoritiesthat Muslims who are considered aneducationally backward minority at the national 41. The Commission had requested Statelevel are not a monolith. They have internal Governments/UT Administrations to providedivisions of Ashraf and Non Ashraf (Ajlaf and information relating to their developmentalArzal) and there is a wide range in educational status and welfare measures taken for theseattainments across regions. In some of the classes through a Questionnaire. Based onsouthern states, their literacy levels are higher the information received from the States/UTs,than the state average though it is poor in most the discussions held with them and data &of the northern states such as Uttar Pradesh, views available from other sources, specialBihar, west Bengal, Assam to name some. initiatives and thrusts required to ameliorateThese are also the States which fare poorly on the difficulties are briefly enumerated in theall development indicators and house bulk of following paragraphs:the BPL population of India where rural urbandivide is the sharpest. Backward status of 41.1. There is a need to accelerateminorities and specially Muslims has to seen in implementation of developmental and welfarethe immediate context of social and economic schemes for the weaker sections amongdevelopmental status of the area in which they the minorities. This can be done only bylive. It is to be noted that majority of the Muslim increasing the accessibility of the poorer amongconcentration districts north of Vindhyas are the minorities, to opportunities, facilitiesamong the most backward regions of their and services for economic empowerment,respective states with deficient infrastructure of educational advancement and to measures forroads, connectivity, electricity, water, sanitation, ensuring social justice and equity.health and education as also low employmentpotential and thus low economic growth. These 41.2. It is necessary to collect informationdistricts require higher degree of attention and and data to assess the existing situation ofcommitment translated into budgetary inputs minorities in different States and UTs, with aand better governance not for minorities but view to formulate need based, area specificfor all SEBs generally. programmes and schemes for targeting the socially and economically backward amongst40.2. Although the weaker sections of the minority communities.society, including the backwards amongminorities, have gained from the plethora 41.3. Public efforts and carefully conceivedof developmental measures adopted since actions need to be taken to alleviate relative Report of the National Commission for Religious and Linguistic Minorities
  • 113. 109backwardness, especially in areas of education, recovery position. Reviewing the financial flowemployment, training, productive credit and to minorities via the commercial banks, an RBIpolitical participation of the weaker sections of study (2001) recommended that lead banksminority communities. of minority concentrated districts will have to play a far more pro-active role to ensure that41.4. It is essential to review and reform minorities, particularly those who are poor andthe working of all 5 National Finance and illiterate, have access to bank credit for takingDevelopment Corporations (for Scheduled up productive activities.Castes, Scheduled Tribes, Other BackwardClasses, Minorities and Safai Karamcharis), 41.6. While the Governments of Bihar, Westso they can play an effective catalytic Bengal and UP have set up Departments ofrole in assisting the weakest amongst Minority Welfare, in other States/UTs, thethe disadvantaged minorities to become work of Minority Welfare is being looked aftereconomically self-reliant. Business and by the Department of Social Welfare/Socialmanagerial reforms to make them more Justice & Empowerment. It was suggested thateffective financial instruments for empowering a separate Department of Welfare of Minoritiesthe weaker sections of the special groups is should be set up in those States/UTs whererequired. Adequate funds from banks and Minorities account for more than 15 percent offinancial institutions need to be leveraged to State/UT’s population.make them self-reliant. Suitable, need-basedviable activities need to be selected, with 41.7. State Minorities Commissions havenecessary training, and backward and forward already been set up in the States of AP, Assam,market linkages to ensure optimal utilisation Bihar, Chhatisgarh, Karnataka, Jharkhand,of funds and resources for the maximum M.P., Manipur, Maharashtra, Rajasthan, Tamilnumber of minorities. Nadu, U.P., West Bengal, Uttaranchal and Delhi. Keeping in view the grievances and problems41.5. The role of National Minority faced by the minorities, it was suggested thatDevelopment and Financing Corporation State Minorities Commissions should also behas been undermined by insufficiency of set up in the remaining States where minoritiesfunds and the stringent rules and regulations. comprise more than 15 percent of populationAs stated earlier, only 1.6 percent of eligible of the State/UT.minority community members in minorityconcentrated districts had actually received 41.8. The Governments of AP and Karnatakafinancial support. Thus, both the quantum and have suggested that in order to empower thealso the net coverage needs to be substantially minority communities, their representativesincreased. For expanding coverage ,all should be in all State level Commissions,activities and vocation based corporations Committees, Boards and Corporations and theshould be the channelising agencies and there Chairmanship should be kept rotating amongshould be no requirement for State guarantee. different religious groups with a view to provideFor ensuring this, projects should be prepared a sense of participation.at the village and block level. The MonitoringCommittees at Block and District level should 41.9. Independent Minorities Developmentreview the progress of applications received & Finance Corporations have been set up inand examine, approved and sanctioned. They the States of AP, Bihar, Karnataka and Tamilshould also regularly see whether the amounts Nadu only. Provision of financial assistance atsanctioned are adequate for setting up the concessional rates to minority communitiesactivity or trade, that there is no undue delay is being looked after only by the Backwardin approval, sanction and disbursement of Classes Finance & Development Corporationsloan amount. They should also review the in the States of Kerala, Jharkhand, Tamil Nadu Measures for Welfare and Development of Minorities
  • 114. 110and Pudducherry. In other States, there is no special measures to promote education ofspecific institutional set-up for extension of girls be taken up. It was also suggested thatcredit flow to minority communities. It was, Vocational Training Centres and Polytechnicstherefore, suggested that States/UTs where be set up in minority concentration areas. Thepopulation of minorities is more than 15 percent number of Anganwadis should be increasedmay consider setting up Minorities Finance & and Mid Day Meals scheme should be extendedDevelopment Corporations. to all schools in minority concentrated areas. Adequate number of hostels and coaching41.10. State Wakf Boards have been constituted centres should also be set up at districtin all States/UTs with sizeable Muslim headquarters.population except Jharkhand, Goa, ArunachalPradesh, Mizoram and Nagaland. It was 41.13. Madrasas of various grades andreported during the visits of the Commission patterns are spread in almost all States/UTsto various States/UTs that the Wakf Boards for imparting religious education. In hisare short of funds for implementing book entitled “Centres of Islamic Learning indevelopmental schemes. They are generally India”, Dr. ZA Desai, ex-Director, Epigraphy,facing the problem of encroachments on Archaeological Survey of India) has recordedtheir properties. Some State Governments that Madrasas were located at central spots.have formed Wakf Tribunals for resolution While the curriculum centred upon the Quran,of disputes. It was suggested that sufficient writing exercises, secular poetry and subjectspowers should be delegated to State Wakf like grammar were also taught. During visitsBoards and they should be headed by senior of the Commission to States/UTs, it cameofficers for better management and getting the to our notice that the pattern of Madrasaproperties released from adverse possession. education varied from State to State. AlthoughKarnataka model of Wakf Development Madrasa Education Boards have been set upCorporation should be adopted in all in the States of Bihar, Kerala, Uttarakhand,states having more than 15 percent Muslim Rajasthan, MP, West Bengal and, the Boardpopulation. Substantial portion of the revenue had control over administrative matters,generated by the Wakf properties should be quality or pattern of education only on thespent on the education of Muslim children, Madrasas receiving grants from the Govt.especially girls. of India. States like Kerala and Tamil Nadu generally follow a pattern where children41.11. It has been noted that minority going to Madrasas are also attending regulareducational institutions face a lot of difficulties schools. The participants in Uttarakhand,in getting registration from appropriate J&K, Delhi, Rajasthan, AP, Karnataka, Tripura,Boards/Universities. During visits to States/ Kerala, Orissa and MP recognised the needUTs, it was emphasised that recognition for modernisation of Madrasa education.should be granted to minority institutions It was noted that students from most of thein a reasonable time period and procedure Madrasas in Bihar, West Bengal and certainshould be simplified. In addition to Central Madrasas in UP, are given Certificates whichUniversities, deemed universities, colleges and make them eligible for further studies inother leading institutions should be allowed to modern educational institutions. In Bihar,affiliate minority educational institutions. 23 Madrasas are up to B.A. level and 13 up to M.A. level. However, the number of Madrasas41.12. During discussions, it was suggested imparting regular quality education at parthat the Central Govt. should provide special with the government and other institutionspackage for education of Muslims; educational recognised by State Boards is very limited.institutions run by minorities should be given Eligibility for employment, both in publicgrants by Maulana Azad Education Foundation; and private sectors, depends on the quality Report of the National Commission for Religious and Linguistic Minorities
  • 115. 111and content of education. It is, therefore, does not fulfil the need of trade, industry andimportant that except for Madrasas that run different vocations in the area. Vocationaland manage regular schools, the rest should be education should be strengthened and theencouraged to adopt the Kerala model so that curricula of school education at secondary/all children attend regular schools. While the senior secondary level linked to local trades andmodernisation of Madrasas/Maktabs can be services and their needs and requirements.pursued, it is no alternative to enhancing stateschool capacities to meet the requirements 41.17. Vocational Training Centres like ITIsof the weakest of the weak among backward and Polytechnics should be strengthened. It iscommunities and classes. The State needs necessary that the curriculum keeps pace withto aid only those Madrasas/maktabs which the changing needs of trade and commerce inare following curricula of the State Board/ the area. It is, therefore, important to regularlyUniversity for joining the mainstream. study educational and training requirement for different trades and to assess employment41.14. Muslim Wakf properties are already needs and potentialities within the region.being utilised, to some extent, for their Powers should be delegated at the regionaleducational development. There is need for level so that the training programmes andstreamlining and increasing the utilisation courses and curricula for ITIs/Polytechnicsof Wakf properties for educational purposes. and other training institutions can be reviewedThey may be encouraged to set up hostels, and curriculum revised and training organisedparticularly for girls on priority. to ensure employment. Every region/division should have a committee with government,41.15. Specific measures are required for public and private sector representation as alsopromotion of education among backward experts who will meet regularly, sponsor studiesclasses including the Muslims and other or assessments and offer need-based trainingreligious minorities whose educational levels and education to the youth of the area.are low specially for girls at different levelsincluding the following: 41.18. Vocational Training Centres shouldi) Residential schools may be set up upto also be set up for skill upgradation for those high school level in major towns and cities working in different trades on the basis of with minority concentration. local needs such as agriculture, horticulture,ii) Nursery/pre-Nursery schools also need SSI/handlooms and handicrafts etc. and to be set up in minority concentrated towns other trades in which the backward sections and cities. Integrated Child Development including minority communities are involved. Schemes (ICDS) should be universalised Adult education and literacy programmes and without any further loss of time and curricula should be linked and combined with Anganwadis set up in all areas. educational training.iii) Hostels should be set up in each block/ district for girls and boys separately where 41.19. The New Vocation Education Scheme a minimum of 50 percent seats should be as reported in the Mid Term review of the 10th reserved for backward/weaker sections Plan is full of possibilities and needs serious including those from religious minorities. attention to benefit the weaker sections amongiv) At least two to three Navodaya minorities and other disadvantaged groups. Vidhyalayas be set up in each district with There is need for special training in trades 50 percent of seats reserved for SC/ST/ (traditional, area based, and artisan activity religious minorities and weaker sections. based).41.16. Studies have revealed that the pattern 41.20. A large section of minority population isof education at middle and secondary level still not aware of the schemes and programmes Measures for Welfare and Development of Minorities
  • 116. 112of the government and agencies. It is, therefore, providing adequate facilities for training innecessary that adequate publicity is made agricultural trades and practices especiallyin minority concentrated areas regarding all with reference to technological advancementsschemes. And programmes of government and that have taken place to raise productivity andagencies. The RBI scheme regarding priority enhance incomes.sector lending also needs to be effectivelyimplemented and publicised. 41.24. Since the agricultural operations are seasonal, for economic empowerment it is41.21. One factor for economic marginalisation necessary that those engaged in agricultureof large sections of minorities, particularly along with their family members are providedMuslims, is the decline of several trades and training in trades which can occupy them incrafts as a result of mechanisation. There off season and give them additional income.is, therefore, need to give greater focus to These training programmes can be evolvedupgrading the traditional skills of the artisans after identifying the area specific ancillaryand craftsmen and also to provide training and occupations and trades.marketing assistance to these categories. 41.25. A large segment of population of theCooperatives need to be organised in specific socially and economically backward populationpockets, especially in the Minority concentrated including those living below poverty line isdistricts with large concentration of artisans engaged in household industry. They haveand other functional groups belonging to little or no training and lack in skill as alsominorities whose professions are of similar quality and knowledge for advancement. Onnature. Artisans in urban areas should also the basis of different categories of householdsbe covered by industrial cooperative societies, industries action plan should be prepared forand their credit, raw material and market skill up-gradation on regular basis. Marketingsupport requirements should be met by such facilities should also be provided both in ruralsocieties. and urban areas so that the middlemen are not able to exploit the household workers.41.22. Large sections of backward among the Action to diversify training for other/alternateminorities are not in a position at present to occupations should be taken to ensure higheravail the benefits of existing schemes, due income to families engaged in handicrafts,to lack of awareness. It was suggested that handlooms etc.banks should have two windows – one forBelow Poverty Line and the other for Above 41.26. The poorest and the marginalised arePoverty Line families. This will enable weaker often deprived of benefits from Governmentsections to avail of loans under the prevailing schemes and assistance from financialschemes. Special efforts need to be made to institutions. All religious minorities especiallyprepare employment-oriented schemes for the women belonging to the socially andthe poor. Vocational training centres should economically backwards amongst minoritiesbe set up in large numbers for boys and girls should be organised as Self Help Groupsin minority concentration districts. It was also and funds or assistance made availablesuggested that adequate publicity be given by financial institutions as also Nationalto development/welfare related activities of Minorities Development and FinanceCentral and State Governments through the Corporation as per rules applicable to otherslocal and regional newspapers. on a large scale. In this context, the initiatives taken by Andhra Pradesh through VELUGU41.23.The percentage of rural population Project to organise women throughout theengaged in cultivation and agricultural workers State are a good example for adoption on aand labourers is substantial. There is need for larger scale. Report of the National Commission for Religious and Linguistic Minorities
  • 117. 11341.27. Economic empowerment of those participation and involvement of people insections engaged in menial/pollution based jobs peace keeping are necessary for maintainingcan be organised by Finance and Development communal harmony.Corporations through their microfinancingschemes or NGOs. Two-pronged strategy for 41.30. There is need to have a legal mechanismthis is required. Pollution based vocations to ensure that minority communities andsuch as manual scavenging has to be targeted marginalised groups get a fair deal in mattersin an integrated manner. A concerted effort of recruitment and employment. There isto introduce technological advancements need to ensure that local administration isto reduce risk and health hazards through fair, impartial and firm and does not act undermechanisation of cleaning of septic tanks etc. political pressure. The role of institutions ofby Municipalities, Panchayats must be made the State especially the Government, policecompulsory. Other pollution-based vocations and para-military forces and the judiciary,must be addressed. is absolutely crucial in maintaining and sustaining an environment of communal41.28. Counseling - cum - guidance centres peace and amity. Civil society organisationsfor entrepreneurs and artisans belonging to should also play a complementary and highlythe SEB sections should be set up in DICs, important role in this process. Legal protectiveSSI Units, DRDAs etc. in coordination with measures should be uniform for all socioprivate entrepreneurs in the area. Help of economic backward sections.professionals/experts should be taken. Servicesin the Centres should be provided through 41.31. Monitoring the implementation of PM’sprivate entrepreneurs who should be able 15-Point Programmeto help candidates in selecting the trade oractivity, in formulating the project and setting The 15-Point Programme for Minorities hasup the enterprise. The charges for services been revised with a focus on socio-economiccan be included in the loan component and and educational development of minorities. Itshould be the first charge. This is essential both envisages comprehensive, holistic developmentfor socially and economically weak amongst of the minority groups. With a separate Ministryminorities, the backward classes, SCs and STs of Minority Affairs having been constituted, andand women as they often lack the capacity and the envisaged earmarking of 15 percent fundsknowledge as also the initiative to make right for central/centrally-sponsored developmentalchoices and implement them. schemes targeted for the upliftment of weaker sections of the society, there is need to create41.29. There is a need for encouraging the an institutional mechanism both at Centralrecruitment of members of the minority and State level for periodical monitoring ofcommunities and other weaker sections at implementation of the various provisos of thisvarious levels in the police force and other programme, with a view to ensure utilisationservices. The representation of minorities of funds earmarked under developmentalin police force, adequate training of police schemes, so as to make welfare measurespersonnel, setting up of a mechanism for accessible, with benefits accruing to all eligibleaccountability on the part of police, and stakeholders. Measures for Welfare and Development of Minorities
  • 118. 114Chapter 8 RESERVATION AS A WELFARE MEASUREIntroduction Historical Background of Reservation1.1. The spirit of equality pervades theprovisions of the Constitution of India as Reservation during Pre-Independencethe main aim of the founders of the PeriodConstitution was to create an egalitarian 2.1. Policies involving reservation of seats forsociety wherein social, economic and the marginalised section of the populationpolitical justice prevailed and equality of have been in existence in the country for astatus and opportunity are made available long period of time. In the late nineteenthto all. However, owing to historical and century, after the “first war of Independence”,traditional reasons certain classes of Indian the British began to view the Indian populationcitizens are under severe social and economic as a heterogeneous group. They initiated adisabilities that they cannot effectively range of policies for specific categories of theenjoy either equality of status or of subject population – religious minorities asopportunity. Therefore, the Constitution well as those belonging to lower castes. By theaccords to these weaker sections of society late nineteenth century the British had startedprotective discrimination in various Articles preparing a list of “depressed classes” and theyincluding Article 15(4). This clause empowers set up, scholarships, special schools and otherthe State, notwithstanding anything to the programmes for their betterment. Also, with acontrary in Articles 15(1) and 29(2) to make view to assuaging the sentiments of the growingspecial reservation for the advancement movements against the Brahmin dominationof any socially and educationally backward in the government and administration, theclasses of citizens or for SCs and STs. British introduced some form of reservations. In Bombay, seats were reserved for all except1.2. Reservation is an affirmative action Brahmins, Marwaris, Banias, Parsis andtaken by the State to remove the persistent Christianias. In 1927 in Madras Presidency,or present and continuing effects of past Government reserved 5 of every 12 jobs fordiscrimination on particular segments of non-Brahmin Hindus, 2 each for Brahmins,the Society to: Christians and Muslims and 1 for others. A few(i) lift the ‘limitation on access to equal princely States like Baroda, Travancore and opportunities’; Kolhapur also introduced similar provisions.(ii) grant opportunity for full participation In Kolhapur, (Maharashtra) Shahuji Maharaj in the governance of the society; reserved 50 percent of the vacant seats in his(iii) overcome substantial chronic under- administration for non-Brahmins. representation of a social group; and(iv) serve/achieve the important constitu- 2.2. Subsequently, the efforts of Dr. B.R. tional/governmental objectives. Ambedkar in particular and the All India Report of the National Commission for Religious and Linguistic Minorities
  • 119. 115Depressed Classes in general eventually helped Castes. According to population ratio ofto expand the net of reservations. While the these communities, based on 1961 Census,British had earlier reserved seats, only in government on 25th March, 1970 increased thelegislative bodies, in 1943, reservations in seats reserved for SCs & STs from 12.5 percentservices came into effect. Accordingly, 8.33 and 5 percent to 15 percent and 7.5 percentpercent posts against direct recruitment made respectively. SC reservation is also available tothrough open competition were reserved for Sikhs and Buddhists and ST to all minorities asScheduled Castes. These instructions issued ST identity is caste/religion neutral.in 1943 can be called as origin of reservation ingovernment services. 2.4. In 1974, reservations in promotion by selection from Group C to Group B, within GroupReservations During Post-Independence B and from Group B to the lowest rung of GroupPeriod A was introduced provided that the element of direct recruitment did not exceed 50 percent. ThisReservation in Services in Favour of SCs limitation of direct recruitment not exceeding 50and STs percent was raised to 66.66 percent in 1976 and to2.3. At the time of Independence, instructions 75 percent in 1989. At this stage, Supreme Courtwere issued on 21.9.1947 to provide reservations intervened and ruled against reservations inof 12.5 percent for Scheduled Castes in promotions. However, the government amendedrespect of vacancies arising in recruitment the Constitution to incorporate Article 16(4A)made through open competition. However, and following this amendment governmentfor recruitments made otherwise than open issued instructions on 13.8.1997 to continue thecompetition reservations of 16.66 percent was reservations in promotion for the SCs and STs tillfixed. After Constitution was promulgated, the such time as the representation of each of thesethen Ministry of Home Affairs in its Resolution categories in each cadre reaches the prescribedof 13.9.1950 provided 5 percent reservation for percentages. Date-wise reservation percentagesScheduled Tribes apart from the reservation fixed for SCs and STs in services since 1943that was already in effect for the Scheduled onwards are indicated in the Table 8.1. Table 8.1: Datewise Reservation percentages Fixed for SCs and STsSr. Reservation percentage with description Date of ordersNo.1. @ 8.33 per cent direct recruitment made through open competition in favour of S.Cs Oct. 19432. @ 12.5 per cent recruitment made by open competition in favour of SCs 21.9.473. @16.66 per cent recruitment made otherwise than open competition in favour of SCs 21.9.474. @ 5 per cent reservation in services in favour of STs 13.9.505. @ 15 per cent and 7.5 per cent in favour of SCs and STs respectively, in direct 25.3.70 recruitment on All India basis through the UPSC or by means of open test held by any other authority6. @ 16.66 per cent and 7.5 per cent in favour of SCs and STs in case of direct 25.3.70 recruitment on all India basis by open competition otherwise than mentioned in column 5 above.7. Reservations in promotion by selection from Group C to Group B, within Group B and 1974 from Group B to lowest rung of Group A provided element of direct recruitment does not exceed 50 percent.8. Limit of direct recruitment not exceeding 50 percent was raised to 66.66 percent in 1989 1976 and then to 75 percent for facilitating reservations in promotion9. Following amendment of Constitution to incorporate Article 16(4A) in 1992, 15.11.1997 Government issued instructions to continue the reservations in promotions for SCs & STs beyond 15.11.1997 till such time as the representation of each of these categories in each cadre reaches to prescribed percentages. Reservation as a Welfare Measure
  • 120. 1162.5. To facilitate the fulfillment of the reservation Commission, also known as Kaka Kalelkarquota, certain concessions are also given to Commission was constituted in 1953. TheSC & ST candidates in the form of relaxation Commission submitted its report in 1955.of the maximum age limit prescribed for Though the Commission recognised a number ofdirect recruitment, exemption from payment causes for social and educational backwardnessof fees prescribed for recruitment/selection, yet, it eventually used the criterion of caste torelaxation of standards, including relaxation identify socially and educationally backwardof experience, etc. classes. The Commission listed 2399 Castes as socially and educationally backwards andReservations in Services in Favour of recommended various welfare measures forOther Backward Classes (OBCs) OBCs including reservation in govt. services2.6. The Princely State of Mysore instituted a and educational institutions. The Central Govt.system in which all communities other than did not accept its recommendations becauseBrahmins were denominated “Backward the caste-based reservations were consideredClasses” from 1918 and places were reserved retrograde step.for them in colleges and State services. Inindependent India, several States implemented 2.8. In 1979, the Second Backward Classesthe reservation in services and admissions in Commission popularly known as Mandaleducational institutions in favour of Backward Commission, was constituted under Article 340Classes much earlier than the Govt. of India. of the Constitution to investigate the conditionsState-wise details of the reservation provided of socially and educationally backward classesto the Other Backward Classes in admissions in and to determine the criteria for defining theeducational institutions and services are given socially and educationally backward classesin Table 8.2. and to examine the desirability or otherwise of making provision for the reservation in favour2.7. The Government of India took initiatives of such backward classes. The commissionfor providing reservation to the Backward submitted its report to the Government on 31stClasses immediately after the commencement Dec. 1980. The Commission used 1931 censusof the Constitution and first Backward Classes data and 11 (eleven) indicators, grouped under Table 8.2: Reservations for the OBCs in the Educational Institutions and Govt. Services Names of the State Percentage of reservation in Percentage of Year educational institutions reservation in govt. services 1. Andhra Pradesh 25 25 1970 2. Bihar 24 20 1978 3. Gujarat 10 10 1976 4. Jammu and 42 42 1977 Kashmir 5. Karnataka 48 50 1975 6. Kerala 25 25 1953 7. Punjab 5 5 1965 8. Maharashtra 34 34 1964 9. Uttar Pradesh 15 15 1978 10. Tamil Nadu 31 31 1927 11. Haryana 2 10 NA 12. Himachal Pradesh - 5 NA 13. Madhya Pradesh 25 25 NASource: Reservation Policy (Edition: 2005) by Dr. Ram Samujh Report of the National Commission for Religious and Linguistic Minorities
  • 121. 117social, educational and economic criteria for started a school for the untouchables in Puneidentifying backward classes. This Commission in 1848. Sahuji Maharaj Bhonsale encouragedestimated population of Other Backward Classes the non-brahminical classes in every possible(OBCs) at 52 percent of the total population. way. He provided free education withRecommendations of the Second Backward lodging, boarding and scholarship to theClasses Commission (Mandal Report) were students belonging to these communities.implemented by the Govt. of India on August At the official level, the step was taken by the13, 1990 providing inter alia reservation of Madras Government by framing the Grants-27 percent of the vacancies in Civil posts and in-Aid code in 1885 so as to regulate financialservices under the Central Govt. filled through aid to the educational institutions providingdirect recruitment for socially and educationally special facilities to the students of depressedbackward classes with effect from 7.8.1990. classes. Under British India, the provisionHowever, reservation for OBCs in promotion for extension of education to the “depressedhas not been provided. The reservation rule also classes” was made much later.applies to Public Sector Undertakings, FinancialInstitutions including banks, autonomous 2.11. In 1944, the then Ministry of Educationbodies, statutory and semi-government bodies prepared a scheme of post-matric scholarshipand voluntary agencies receiving grants from for the students belonging to Scheduled Castesthe Government. Pursuant to the Supreme and it was extended to the Scheduled TribesCourt judgment in Indra Sawhney and others in 1948. Though after independence, specificversus Union of India on November 16, 1992, the guidelines to the States to take special care ofCentral Govt. constituted a committee under the educational and economic conditions of theJustice R.P Prasad to determine the criteria for . weaker section particularly those belonging toidentification of the socially advanced persons those Scheduled Castes and Scheduled Tribes/sections for exclusion of ‘creamy layer’ were given under Article 46 yet there was nofrom OBCs and the criteria suggested by the provision to provide reservation in admissions inCommittee was accepted by the Government educational institutions under the Constitutionof India. in the beginning. The Government of Madras made rules for reserving seats for the Scheduled2.9. The provisions for reservation in services Castes, Scheduled Tribes and other backwardin favour of SCs/STs and OBCs also include classes. However, the validity of the said ruleminorities although in the absence of data it was challenged in the State of Madras versusis not possible to assess the impact of such a Smt. Champakam Dorairajan (AIR 1951 SC 525;reservation on religious minorities. 1951 SCR 525) and the Supreme Court declared such rule as unconstitutional. To overcomeReservation in Admissions in Educational the situation arisen after the court judgment,Institutions the Constitution (1st amendment) Act 19512.10. Education was first and foremost was passed by inserting Clause (4) in Articlecommandment of Dr. B.R. Ambedkar and he 15. It empowered the State to make specialcalled it as “milk of the lioness”. Education provision for the advancement of socially andis also one of the most important criteria to educationally backward classes, Scheduledmeasure the forwardness or backwardness of Castes and Scheduled Tribes.any group of persons. Many social reformersand Princely States of Kolhapur, Baroda and 2.12. The then Ministry of Education, nowMysore realised the need of education and Ministry of Human Resource Developmentthey rendered their contribution in providing for the first time in 1954 wrote to the Stateeducational facilities to the untouchables Governments suggesting that 20 percentand other Backward Classes. Mahatma Jyoti seats should be reserved for Scheduled CastesRao Phuley was the first person in India who and Scheduled Tribes in admissions in Reservation as a Welfare Measure
  • 122. 118educational institutions with a provision of (I) Article 14 - Right to Equality: requires “the5 percent relaxation in minimum qualifying State not to deny any person equality beforemarks wherever required. Subsequently, this the law or the equal protection of the lawswas modified in April 1964 by bifurcating the within the territory of India.” Thus, Articleexisting percentage as 15 percent for Scheduled 14 uses following two expressions:Castes and 5 percent for Scheduled Tribes with (i) Equality before law, andinterchangeable provision in the event of non- (ii) Equal protection of laws.fulfillment of seats according to quota. Similaraction was taken by the Ministry of Health & The objective of these expressions is toFamily Welfare in respect of reservation of seats establish ‘equality of status’ as mentioned inin the universities having medical education the Preamble of the Constitution. This right tofacilities and medical and dental colleges equality provides access to public resources,for admission to all post-graduate courses. such as drinking water, well, roads, etc. Thus,University Grants Commission which was the Constitution gave the right to equalityconstituted in 1956 made provision towards and made it a Central component of thereservation in admission in the under-graduate Fundamental Rights.and post-graduate levels in favour of ScheduledCastes and Scheduled Tribes with due relaxation (II) Article 15 - Prohibition against discrimi-and concession. The percentage of reservation nation: prohibits discrimination on thewas revised in 1982 as 15 percent for Scheduled ground of religion, race, caste, sex or placeCastes and 7.5 percent for Scheduled Tribes. of birth.Presently, reservations are available to Article 15 was amended by the ConstitutionScheduled Castes and Scheduled Tribes in (Ist Amendment) Act, 1951 and new clauseadmissions to the various under-graduate and (4) was inserted under Article 15 to undopost-graduate general, technical, medical and the effect of the Supreme Court decision inother professional courses in the universities State of Madras Versus Smt. Champakamand colleges. In addition to the reservation Dorairajan (AIR 1951 SC 525: 1951 SCRfacility in admissions, provisions have also been 525), according to which reservation ofmade for freeship, scholarship, coaching and seats for different communities on thehostel facilities with a view to strengthening basis of caste and religion was held invalid.the educational base of Scheduled Castes and Article 15(4) empowers the State to makeScheduled Tribes. any special provision for the advancement of any socially and educationally backwardConstitutional Provisions and class of citizen or the Scheduled Castes andReservation Policy Scheduled Tribes. (III) Article 16 - Equality of opportunity in3. The Constitution adopted a two-fold strategy Public Employment stipulates the rule offor ensuring equality for the “depressed classes. equality of opportunities in matters of pub-On one hand it provided equality before the lic employment. According to the Clauseslaw, ensuring that everyone, irrespective of (1), (2) and (3) of Article 16 no discrimina-their caste will receive equal protection of tion shall be made only on the grounds ofthe law and be treated alike; on the other religion, race, caste, sex, descent, place ofhand it empowered the State to make special birth, residence or any of them in respectprovisions to promote the educational and of any employment or appointment undereconomic interest of the SCs, STs, OBCs and the State. However, the principle of equal-minorities to provide legal and other safeguards ity permitted a few exceptions. Amongagainst discrimination in multiple spheres. The other things, it allowed under Article 16(4)different provisions relating to reservations reservation of seats for backward classes ofenshrined in the Constitution are as under: citizens. It states: “Nothing in this article Report of the National Commission for Religious and Linguistic Minorities
  • 123. 119shall prevent the State from making any a chequered history. In Balaji v. State ofprovision for the reservation of appoint- Mysore (1963), the Constitution Benchments or posts in favour of any backward of the Supreme Court had rejected theclass of citizens, which, in the opinion of argument that in the absence of a limitationthe State, is not adequately represented in contained in clause (4) of Article 15 no limitthe services under the State.” could be prescribed by the Court on the extent of reservation and heldArticle 16(4) was an enabling provision.It was included as an exception to the “…….If a provision which is in the naturegeneral principle of equality of opportunity of an exception completely excludes the(Article 16). It did not mandate, but rest of the society, that clearly is outside thecertainly permitted the State to reserve scope of Article 15(4). It would be extremelyseats for backward classes of citizens in unrealistic to assume that in enactingpublic service. Thus, Article 16(4) spoke Article 15(4) the Parliament intended toof backward classes, not castes and did provide that where the advancement ofnot spell out just who constituted these the Backward Classes or Scheduled Castesbackward classes. Subsequently, Articles or Tribes was concerned, the fundamental16 (4A) and 16 (4B) were also inserted by rights of the citizens constituting the rest ofmaking amendments in the Constitution the society were to be absolutely ignored…..81st Amendment Act, 2000 and 85th Speaking generally and in a broad way, aAmendment Act, in 2001 respectively. special provision should be less than 50These clauses were inserted with a view percent; how much less than 50 percentto overcoming the decision of the Hon’ble would depend on the relevant prevailingSupreme Court of India in Indra Sawhney circumstances in each case.”versus Union of India. While Article 16 (4A)empowers the State to make provision for In Devadasan v Union of India (1985), thereservation in matters of promotion under aforesaid rule of 50 percent was applied tothe state in favour of SCs and STs which in a case arising under Article 16(4) and onthe opinion of the State are not adequately that basis the carry forward rule (resultingrepresented in the services under the in reservation in excess of 50 percentState, Article 16 (4B) empowers the State vacancies in any recruitment year) wasto make provision to fill up the unfilled struck down. Earlier, in State of Kerala vreserved vacancies which were determined N.M.Thomas (1976), the correctness of thisin accordance with clauses (4) or (4A) of principle was seriously questioned. FazalArticle 16 by launching special drive. Ali, J observed: “…Clause (4) of Article 16 does not fix anyExtent to which posts can be reserved for limit on the power of the Governmentscheduled castes and scheduled tribes/ to make reservation. Since clause (4) is abackward classes. part of Article 16 of the Constitution, it is manifest that the State cannot be allowedThe Constitution does not lay down any to indulge in excessive reservation so as tolimit or specific percentage for reservation defeat the policy contained in Article 16(1).in favour of Scheduled Castes, Scheduled As to what would be a suitable reservationTribes and Backward Classes. Successive within permissible limits will depend on thedecisions of the Supreme Court beginning facts and circumstances of each case and nowith Balaji v State of Mysore (1963) have hard and fast rule can be laid down nor canfixed a general ceiling of 50 percent for this matter be reduced to a mathematicalall reservations taken together. Judicial formula so as to be adhered to in all cases.pronouncements on this question have Decided cases of this Court have no doubt Reservation as a Welfare Measure
  • 124. 120 laid down that the percentage of reservation The phrase “weaker sections of the Society” should not exceed 50 percent. As I read the has not been defined under the Constitution. authorities, this is however a rule of caution Hon’ble Supreme Court in the case of Shanti- and does not exhaust all categories….The star Builders Versus Narayan Khimalal To- dominant object of this provision is to take kame directed the Central Government to lay steps to make inadequate representation down appropriate guidelines regarding the adequate.” expression “weaker section of the society”. Fur- ther, Hon’ble Supreme Court in Indra Sawh-(IV) Articles 29 and 30 - Minorities Interest and ney’s case differentiated the phrase Backward Educational Institutions: Class of citizens mentioned under Article 16(4) These two Articles protect the cultural and from weaker section of the people of Article educational rights of minorities (based 46. According to the Apex Court the expression on religion and language) which are “weaker section of the people” is wider than summarised below: the expression ‘backward class of citizens’ or (i) Minorities have rights to conserve their SEBCs or SCs or STs. It connotes all sections of distinct language, script or culture; the society who are rendered weak due to vari- (ii) They have right to establish and ous causes including poverty and natural and administer educational institutions; physical handicap. (iii)The State has to take certain precautions in case of compulsory acquisition of (VI)Article 335 – Claims of Scheduled Castes property of such minority educational and Scheduled Tribe to Services and institutions; posts and maintenance of efficiency of (iv)The State shall not discriminate such Administration: educational institutions while granting aid; and While Article 16(4) enables the State to make (v) Article 29(2) imposes restriction on all provision for reservations in favour of SCs, STs educational institutions maintained by and OBCs, Article 335 imposes responsibility the State or receiving aid out of State on the State to ensure the maintenance of fund as not to deny admission to any efficiency of administration. Accordingly, citizen on the ground only of religion, a proviso to Article 335 has been inserted race, caste, language or any of them. by the Constitution 82nd Amendment Act, 2000 so as to overcome the crisis arising afterHere, the underlying objective is to equip each Supreme Court decision in S. Vinod Kumarmember of the weaker sections with the ability Versus Union of India. It empowers the Stateto compete with other citizens with dignity on to make any provision in favour of SCs and STsa level playing field. for the relaxation of marks or lowering down of standards for reservation in promotions.(V) Article 46 - Promotion of educational and economic interests of SCs, STs and Institutional Arrangements to Other weaker sections. Implement and Monitor the Reservation PolicyBeing most important Article under Part IV ofthe Constitution (Directive Principles of State 4.1. The Central Government has developedPolicy) it stipulates that “the State shall promote administrative mechanism for regulating,with special care the educational and economic monitoring and implementing the reservationinterests of weaker sections of the people and in policy and other programmes. At the Nationalparticular of Scheduled Castes and Scheduled level there are Ministry of Social Justice andTribes and shall protect them from social Empowerment, Ministry of Tribal Affairs,injustice & all forms of exploitation.” Ministry of Minority Affairs and Planning Report of the National Commission for Religious and Linguistic Minorities
  • 125. 121Commission (Backward Caste Division) as the der the constitution or under any other lawNodal set up for policy formulation, finalisation for the time being in force or under any or-and implementation of the programmes for the der of the government and to evaluate thedevelopment of Scheduled Castes, Scheduled working of such safeguardsTribes, Other Backward Classes and minorities (ii) National Commission for Scheduled Tribes:and overseeing their overall developments. set up under Article 338 A of the ConstitutionThese Ministries and Planning Commission as a high level independent constitutionalalso carry out evaluation and monitoring of body to investigate and monitor all mattersthe various educational and welfare schemes/ relating to the safeguards provided for theprogrammes meant for the SCs, STs, OBCs and Scheduled Tribes under the constitution orminorities. under any other law for the time being in force or under any order of the government4.2. Besides, the Department of Personal and to evaluate the working of suchand Training (DOP&T) in the Ministry of safeguards.Personnel, Public Grievances and Pensions (iii) National Commission for Backward(Government of India), regulate and monitor Classes: In pursuance of the directionthe reservation policy in public services. Its of the Supreme Court, the Government ofprimary responsibilities are to enforce the India enacted the National Commissionrules and make changes thereof whenever for Backward Classes Act, 1993 (Act No.27warranted and also monitor the fulfillment of of 1993) and set up National Commissionthe reserved quotas. As regards reservation for Backward Classes at the Centre. Sec-policy in admissions in educational institutions tion 9(1) of the Act provides that it shallMinistry of HRD (Deptt. of Secondary & Higher “examine the requests for inclusion of anyEducation) is the nodal authority. Further in class of citizens as a backward class in theeach Ministry/Department and government list and hear Complaints of Over-Inclusionfunded organisation, there are separate or Under-Inclusion of any backward classadministrative units for Scheduled Castes, in such list and tender such advice to theScheduled Tribes and OBCs with Liaison Central Government as it deems appro-Officers who are responsible for ensuring that priate. Under Section 9(2) of the Act, theinstructions issued by the Government on advice of the Commission shall ordinarilyreservations for SCs, STs or OBCs are strictly be binding upon the Central Government.complied with. The Department of Personnel Section 11 provides for periodic revision of& Training through administrative heads of list by the Central Government.the Ministries and organisations monitor and (iv) National Commission for Minorities: s e tregulate reservations at the national level. up to perform its statutory functions and to safeguard the interest of five religious4.3. In addition, there are under mentioned minority communities i.e. Muslims,independent institutions at the field level to Sikhs, Christians, Buddhists and Parsisensure proper implementation of the reservation which are notified under the Nationalpolicy as approved by the Government as also Commission for Minorities (NCM) Act,to monitor the impact of various schemes/ 1992 and also to monitor and evaluateprogrammes for the welfare and development the development of minorities underfor SCs, STs, OBCs and minorities: the Union and States as well as monitor(i) National Commission for Scheduled the working of the safeguards provided Castes: set up under Article 338 of the Con- in the Constitution and laws enacted by stitution as a high level independent con- Parliament and the State Legislatures stitutional body to investigate and monitor besides making recommendation for the all matters relating to the safeguards effective implementation of safeguards for provided for the Scheduled Castes un- the protection of the interest of minorities Reservation as a Welfare Measure
  • 126. 122 by the Central Government or the State recruitment to group ‘C’ & ‘D’ under Central Governments. Government normally attracting candidates from locality or region varies from State toReservations Available to Socially State subject to upper limit of 50 perand Economically Backwards cent in aggregate. Details of the percentages of reservations fixed in the States are given in5.1. As stated in the previous paragraphs, the Table 8.4.reservation in employment are available toScheduled Castes, Scheduled Tribes and Other 5.5. Pursuant to the Supreme Court Orders inBackward Classes. Similarly, reservations the Indra Sawhney and others Versus Union ofin educational institutions are available to India and others [Writ Petition (Civil) No. 930the Scheduled Castes and Scheduled Tribes. of 1990], the Government of India appointedHowever, Moily Committee recommended an Expert Committee to recommend criteriareservations to Other Backward Classes in for exclusion of the socially advanced persons/educational institutions which has been sections (creamy layer) from the benefits ofaccepted by the Government. No separate reservation for Other Backward Classes in Civilreservations are available to the religious and Posts and services under the Government oflinguistic minorities excepting those included India. On the recommendations of the Expertin the lists of Scheduled Castes, Scheduled Committee, Government of India vide DOP&T,Tribes and Other Backward Classes. O.M. No. 36012/22/93-Estt. (SCT), dated 8.9.1993 provided reservation for socially andReservations in Employment under the educationally backward classes as under:Central Government (i) 27 percent of the vacancies in civil posts5.2. While reservation for Scheduled Castes and and services under the Government of In-Scheduled Tribes is generally fixed in proportion dia, to be filled through direct recruitment,to the population of SCs and STs in the respective shall be reserved for the Other BackwardState/UT, for OBCs it is fixed taking into account Classes;the proportion of their population in the (ii) Candidates belonging to OBCs recruitedconcerned State/UT subject to a maximum of on the basis of merit in an open compe-27 percent and the fact that total reservations tition on the same standards prescribedfor SCs, STs and OBCs should not exceed the for the general candidates shall not be ad-limit of 50 percent. Direct recruitment in Group justed against the reservation quota of 27C&D posts normally attract candidates from the percent;locality or region. Reservation is not applicable (iii) The aforesaid reservation shall not applyin certain categories of posts in Departments of to other Backward Classes belonging to theSpace and Atomic Energy, scientific and technical creamy layer;personnel, Defense, Higher judiciary, etc. (iv) The OBCs for the purpose of the aforesaid reservation would comprise, the castes5.3. Details in para 2.3 to para 2.9 throw light and communities which are common toon the history and growth of reservations to both the lists in the report of the Mandalscheduled castes, scheduled tribes and OBCs in Commission and the State Governments’services, para 2.10 to 2.12 describe the evolution lists;of reservation in the admissions in educational (v) The reservations provided to SCs, STsinstitutions. Briefly, the reservations available and OBCs put together do not exceed 50to SCs, STs and OBCs in direct recruitment on percent of vacancies arising in an year;All India basis is indicated in the Table 8.3. (vi) No reservation for OBCs in promotion; (vii) In respect of written examinations and5.4. The quantum of reservations fixed in interview, in order to fulfill the quotafavour of SCs, STs and OBCs in case of direct earmarked to OBCs, relaxation of Report of the National Commission for Religious and Linguistic Minorities
  • 127. 123 Table 8.3: Reservations in Services under the Central Government in Direct Recruitment By Open Competitions (through UPSC & Otherwise than by open Competition by means of open competitive test held by any other authority) Class/Category SCs STs OBCs SCs STs OBCs In Percentage terms 15 7.5 27 16.66 7.5 25.84 Table 8.4: Reservations in States/UTs standards be provided to OBC candidates Sr. Name of the State/ Percentage of Reservation as in the case of SC/ST candidates; No. Union Territory SCs STs OBCs (viii)Relaxation of Marks for grant of Non- Technical Scholarships/ Book Awards to (1) (2) (3) (4) (5) OBCs; and 01 Andhra Pradesh 16 7 27 (ix) Three years age relaxation would be given 02. Arunachal Pradesh 1 45 0 to the candidates of Other Backward 03. Assam 7 12 27 Classes for direct recruitment over and 04. Bihar 16 1 27 above the prescribed age limit. 05. Chhattisgarh 12 32 6 06. Goa 2 0 18 The above said instructions relating to 07. Gujarat 7 15 27 reservations for OBCs have been extended to 08. Haryana 19 0 27 autonomous bodies, statutory and semi- gov- 09. Himachal Pradesh 25 4 20 ernment bodies and voluntary agencies receiv- 10. Jammu and 8 11 27 Kashmir ing grants from government. 11. Jharkhand 12 26 12 12. Karnataka 16 7 27 5.6. To facilitate the fulfillment of the reservation 13. Kerala 10 1 27 quota, further concessions are given to 14. Madhya Pradesh 15 20 15 Scheduled Caste and Schedule Tribe candidates 15. Maharashtra 10 9 27 in the form of relaxation of the maximum age 16. Manipur 3 34 13 limit prescribed for recruitment/selection, and 17. Meghalaya 1 44 5 relaxation of standards, including relaxation 18. Mizoram 0 45 5 of experience. Many of these concessions/ 19. Nagaland 0 45 0 relaxation provided for direct recruitment are 20. Orissa 16 22 12 also now extended to promotions. 21 Punjab 29 0 21 22. Rajasthan 17 13 20 Employment Status of Scheduled Castes, 23. Sikkim 5 21 24 Scheduled Tribes & OBCS in Public 24. Tamil Nadu 19 1 27 Services 25. Tripura 17 31 2 26. Uttaranchal 18 3 13 Employment Status of Scheduled Castes, 27. Uttar Pradesh 21 1 27 Scheduled Tribes and Other Backward 28. West Bengal 23 5 22 Classes in the Government Organisations 29. Andaman & 0 8 27 Nicobar Islands 6.1. The number of persons employed in the 30. Chandigarh 18 0 27 Central Government and representation of 31. Dadra & Nagar 2 43 5 Scheduled Castes, Scheduled Tribes and Other Haveli Backward Classes therein for selected years is 32. Daman & Diu 3 9 27 given in the Table 8.5. 33. Delhi 15 7.5 27 34. Lakshadweep 0 45 0 6.2. As may be evident from the Table – 5 the 35. Pudducherry 16 0 27 employment opportunities in the GovernmentSource: GOI, DOP&T OM No. 36017/1/2004-Est. (Res.) dated 5-7-2005 has stagnated in 1994 and shown a decline Reservation as a Welfare Measure
  • 128. 124thereafter. The reasons for decline in the total Services, in percentage terms is given in theemployment could be: Table 8.6.(i) non-expansion of governmental activities particularly pertaining to public As may be seen from the Table 8. 6, sector compared to the socialistic approach representation of Scheduled Castes and of the 1960s, and/ or Scheduled Tribes has increased in all the(ii) the financial constraints as the requirement Groups viz. A,B,C & D during the last five of funds towards salary, wages and pensions decades. While in Central Services Group A have been on increase and a major share of and B, Scheduled Castes constitute between the budget. 12-15 percent; in Group C their representation is about 17 percent and in Group D (excludingConsequently, the opportunity for employment Sweepers) they are present in larger numberin the Government Organisations has signifi- than their percentage in population. Similarly,cantly reduced and it might have in turn affect- there has been appreciable increase in theed employment of SCs, STs and OBCs also. representation of Scheduled Tribes in all groups of Central Services. Data regardingEven in this situation, the representation of representation of other Backward ClassesScheduled Castes and Scheduled Tribes has in the Central Services is for the year 2004been on increase and reached very near to their and this does not give true picture regardingproportion in the total population. their representations in Central Government Services. For a true picture to emerge, annual6.3. While reservation for Schedule Castes and recruitment of OBCs has to be assessed againstScheduled Tribes have been in effect from 1947 the total vacancies for the year which is notand 1950 respectively, reservation for other easily available.Backward classes in the Central Governmentwere allowed from 1993. Groupwise and 6.4. However in All India Services like Indiantotal representation of Scheduled Castes, Admn. Service; Indian Police Service andScheduled Tribes and other Backward Castes Indian Foreign Service and Central Servicessince 1965 in the Central Government Group A & B for which recruitment is made Table 8.5: Total Employment in the Central Government and Representation of SCs, STs & OBCs therein (no. of employees) Year Total Employees Scheduled Castes Scheduled Tribes Other Backward As on in Central Classes 1st of Government Jan. Services Including SC,ST &OBCs No. of Percentage No. of Percentage No. of Percentage Employees Represen- Employees Represen- Employees Represen- tation tation tation 1974 28,95,359 3,95,473 13.66 81,475 2.81 -- -- 1984 33,03,342 5,27,573 15.97 1,49,391 4.52 -- -- 1994 35,67,112 6,02,670 16.90 1,95,802 5.49 -- -- 1999 35,44,740 5,91,740 16.70 2,18,653 6.17 -- -- 2004* 30,58,506 5,21,423 17.05 1,99,991 6.54 1,38,680 4.53Note: Figures representing SCs, STs and OBCs in the total Central Government Services excludes Sweepers.* It does not include information in respect of Ministry of Environment & Forest.Source: Tenth Five-Year Plan, 2002-07, Volume II and DOP&T Note No.42011/24/2006-Estt.(Res.), dated 31.08.2006. Report of the National Commission for Religious and Linguistic Minorities
  • 129. 125through Civil Services Examination of Union was around 13 percent and that of ScheduledPublic Service Commission representation of Tribes was between 4 to 6 percent which isScheduled Castes, Scheduled Tribes and Other little less than their share in the population. AsBackward Castes has been more or less equal to against this, representation of Other Backwardtheir share as is evident from Table 8.7. Classes was between 6 to 8.5 percent. In Group C and D both Scheduled Castes and ScheduledAs may be seen from the Tables 8.6 & 8.7, Tribes were far in excess of their share andwhile vacancies reserved for OBCs are being representation of other Backward Classesfilled fully in the All India services like Indian was between 17 to 22.60 percentAdministrative Service, All India Police Serviceand Indian Foreign Service and Central Services Employment Status of Scheduled CastesGroup A & B for which recruitment is made and Scheduled Tribes in the Public Sectorthrough Civil Services Examination of UPSC, Banks and Insurance Sector:the same cannot be said for recruitment of 6.6. As is evident from the Table 8.9, while theOther Backward Classes to other categories of representation of Scheduled Castes in Publicposts in the absence of data. While religious Sector Banks in all categories has exceededminorities are a part of SCs (Buddhists and their share in population, representation ofSikhs included), and of STs and OBCs (all Scheduled Tribes is lagging behind in all thereligious minorities included), the data is not cadres. The representation of Scheduledmaintained religion wise and therefore, the Castes has been in far excess of their share inrepresentation of minorities is not clear. the category of subordinate staff. However, representation of Other Backward Classes inEmployment Status of Scheduled Castes, the category of officers and clerks is muchScheduled Tribes and other Backward below the reserved quota of 27 percent:Classes in Central Public SectorUndertakings 6.7. The representation of Scheduled Castes6.5. As indicated in the Table 8.8, on 1.1.2005, in Group A services of General Insurancein Central Public Sector Undertakings in Group Company and Scheduled Tribes in all theA & B, the representation of Scheduled Castes Insurance companies is lagging behind. Table 8.6: Representation of the SCs, STs & OBCs in Central Government Services (%) As on Group A Group B Group C Group D Total 1st of Jan. SC ST OBC SC ST OBC SC ST OBC SC ST OBC SC ST OBC 1965 1.64 0.27 -- 2.82 0.34 -- 8.88 1.14 -- 17.75 3.39 -- 13.17 2.25 -- 1970 2.36 0.40 -- 3.84 0.37 -- 9.27 1.47 -- 18.09 3.59 -- 13.09 2.4 -- 1975 3.43 0.62 -- 4.98 0.59 -- 10.71 2.27 -- 18.64 3.99 -- 13.84 2.94 -- 1980 4.95 1.06 -- 8.54 1.29 -- 13.44 3.16 -- 19.46 5.38 -- 15.67 3.99 -- 1985 7.3 1.73 -- 10.03 1.57 -- 14.87 4.2 -- 20.8 5.70 -- 16.83 4.66 -- 1990 8.64 2.58 -- 11.29 2.39 -- 15.19 4.83 -- 21.48 6.73 -- 16.97 5.33 -- 1995 10.15 2.89 -- 12.67 2.68 -- 16.15 5.69 -- 21.26 6.48 -- 17.43 5.78 -- 2001 11.42 3.58 -- 12.82 3.70 -- 16.25 6.46 -- 17.89 6.81 -- 16.41 6.36 -- 2002 11.09 3.97 -- 14.08 4.18 -- 16.12 5.93 -- 20.07 7.13 -- 16.98 6.11 -- 2003 11.93 4.18 -- 14.32 4.32 -- 16.29 6.54 -- 17.98 6.96 -- 16.52 6.46 -- 2004* 12.20 4.10 3.9 14.50 4.60 2.30 16.90 6.70 5.20 18.40 6.70 3.30 17.05 6.54 3.65Source: DOP &T vide their Note No. 42011/24/2006-Estt. (Res.), dated 30th August, 2006,* Excludes information in respect of one Ministry. Reservation as a Welfare Measure
  • 130. 126 Table 8.7: Representation of SCs, STs and OBCs in the All-India & Central Services (Group A & B) through Civil Services Examination (%) Year IAS IPS IFS Central Services Central Services Group A Gr. B SC ST OBC SC ST OBC SC ST OBC SC ST OBC SC ST OBC 2004 13.1 6.6 28.6 12.5 9.0 23.9 5.0 10.0 25.0 19.0 9.3 27.0 - 89.0 -Source: - Ministry of Personnel, Public Grievances & Pensions Annual Report, 2005- 06.In Group B services the representation of Representation of OBCs in DifferentScheduled Castes and Scheduled Tribes Sectors of Economyhas not reached the prescribed limit 6.9. Data provided by NSSO in its 1999-2000of 15 percent for SCs and 7.5 percent for STs. survey results show that Other BackwardFurther, in Group C and Group D services Classes have a much higher percentage of(excluding sweepers), the representation of representation in different sectors of economyScheduled Castes has exceeded the prescribed vis-à-vis their share of 27 per cent agreed to.target. The representation of Scheduled Tribes Further, comparing the share in jobs of otherin Group D services (excluding Sweepers) is communities with SCs, STs, OBCs, as givennearing this target but in Group C services in the Table 8.12, it is seen that excepting inexcepting Life Insurance Corporation, other professional and managerial jobs where OBCscompanies are lagging behind as is indicated have a share which is close to the percentagein Table 8.10. of reservation agreed to for them, in other categories of jobs such as services andEmployment Status of Scheduled Castes production, OBCs have higher percentageand Scheduled Tribes in the Indian share than the Hindus. In fact, in almost allRailways during 2004-05 major jobs identified in the Table, OBCs6.8. As may be seen from the Table 8.11, are present in reasonable numbers:the representation of Scheduled Castes inall Groups has reached the level of their Literacy and Educational Status ofproportion in the total population. However Scheduled Castes, Scheduled Tribes andthe representation of Scheduled Tribes is Other Backward Classesyet to reach their percentage share in the 7.1. Framers of our Constitution were aware of thepopulation. need of the State to promote education amongst Table 8.8: Representation of SCs, STs and OBCs in 211 Public Enterprises as on 01.01.2005 Category Total Representation of SCs, STs and OBCs No. of Employees SCs STs OBCs Number Percentage Number Percentage Number Percentage Group A 1,65,405 20,864 12.61 6,607 3.99 10,410 6.29 Group B 1,54,174 20,335 13.18 9,444 6.12 13,001 8.43 Group C 6,64,501 1,31,204 19.74 64,957 9.77 1,13,407 17.06 Group D 2,42,973 53,027 21.82 34,594 14.23 54,845 22.57 (excluding Safai Karamcharis Total 12,27,053 2,25,430 18.37 1,15,602 9.42 1,91,663 15.61Source: Annual Report of Department of Public Enterprises, 2005-06. Report of the National Commission for Religious and Linguistic Minorities
  • 131. 127Table 8.9: Representation of SCs & STs and Other Backward Classes in Public Sector Banks & Financial Institutions on 31.12.2005: Category Total No. of Employees belonging to No. of Employees SCs STs OBCs Number Percentage Number Percentage Number Percentage Officers 2,58,543 40,076 15.50 14,186 5.49 6,570 2.54 Clerks 3,44,426 55,776 16.10 17,114 4.97 11,436 3.32 Sub-staff 1,48,343 37,550 25.31 9,896 6.67 33,453 22.55 Sweepers 39,784 22,576 56.75 2,496 6.27 3,136 7.88 Total 7,91,096 1,55,978 19.72 43,690 5.52 54,595 6.90Source: Department of Economic Affairs, Banking Division Note No. 5/10/2006-SCT (B) dt. 4th December, 2006all and especially amongst weaker sections of educationally backward States. Large scalethe population. Hence a number of safeguards expansion of formal primary education in thehave been provided in the Constitution under early 90s and the innovative strategies of theArticle 15(4), Article 29(1), Article 46 for primary educational development projects likeeducational development of weaker sections DPEP (District Primary Education Programme)of the society. The Supreme Court of India in have contributed substantially to these increase.its judgment in the Unnikrishnan case (1993), Though the female literacy has also grownheld that all citizens have a Fundamental Right during this period, yet female literacy amongto education upto 14 years of age. Accordingly, Scheduled Castes, Scheduled Tribes and MuslimConstitution was amended to make education is 41.90 percent, 34.76 percent and 50.1 percenta Fundamental Right of all children between 6- respectively against the national average of 53.714 years. percent. Among minorities, lowest literacy rate is in the Muslim communities which is 59.17.2. Recent estimates of literacy at the national percent against the national average of 64.8level have shown significant increase from percent. However, literacy rate among Muslims52 percent in 1991 to 64.8 percent in 2001. is higher than the literacy rate of ScheduledThe increase has been significant amongst Castes and Scheduled Tribes. Though the Table 8.10: Representation of SCs and STs in the Insurance Sector as on 1.1.2002 Company/Group Total S.C. Percentage S.T. Employees Percentage of Employees Employees of S.Cs S.T. Employees Employees Group A National 3919 602 15.36 108 2.75 New India 5041 784 15.52 155 3.07 Oriental 4049 676 16.69 103 2.54 United India 4695 880 18.74 155 3.30 Gic 322 38 11.80 11 3.40 Lic 17023 2692 15.81 896 5.26 Total 35049 5672 16.18 1428 4.07 Group B National 2670 241 9.02 46 1.72 New India 3732 365 9.78 105 2.81 Oriental 2814 323 11.36 89 3.13 United India 2851 275 9.60 56 1.96 Reservation as a Welfare Measure
  • 132. 128 Gic* 0 0 0 0 0 Lic 19079 2662 13.95 891 4.67 Total 31146 3866 12.41 1187 3.81 Group C National 10018 2007 20.03 529 5.28 New India 12001 2039 16.89 492 4.07 Oriental 9667 1824 18.87 588 6.08 United India 10908 2356 21.59 617 5.66 GIC 263 68 25.86 13 4.94 LIC 74414 12518 16.82 5628 7.56 TOTAL 117271 20812 17.74 7867 6.70 Group D (Excluding Sweepers National 1824 606 33.22 122 6.68 New India 2599 1007 38.74 231 8.88 Oriental 1936 609 31.15 160 8.26 United India 2423 1009 41.64 188 7.75 GIC 95 26 27.37 13 16.38 LIC 8277 2090 25.25 688 8.31 Total 17154 5347 31.17 1402 8.17* There is no provision of Group B in GIC of India.Source: - VIIth Report of the National Commission for Schedule Castes and Scheduled Tribes 2001-2002.participation of the dalits, tribals, women, and was below their share in the population, theminorities has improved in the last five decades, enrolment of Scheduled Castes and Scheduledthe unequal development in the hierarchical Tribes students has been progressively highersocial order continues to be reflected in the than their proportion in the population.indicators of educational status of variouscommunities. Status of literacy rates, State-wise 7.4. Though, there has been overall improve-among Scheduled Castes, Scheduled Tribes, and ment in the literacy rate and enrolment atminorities are indicated in the Table 8.13. the primary stage, there are still wide gaps in the educational levels of religious minori-7.3. With the improvement in the literacy ties as is evident from the details given in therate, enrolment of the students at the primary Table 8.15.stage has also gone up. This is evident fromthe details given in the Table 8.14. Excepting The relative position of different religious1980-81, when enrolment of Scheduled Tribes communities with regard to their Table 8.11: Representation of SCs & STs in Railways Group Number of Scheduled Castes Scheduled Tribes Employees Number of Percentage to Number of Percentage to Employees Total Employees Employees Total Employees in the Group in the Group Group A 8002 1,284 15.93 577 7.16 Group B 6686 1,094 16.20 404 5.98 Group C 872120 1,30,253 14.89 52,298 5.98 Group D 535443 1,02,925 19.22 34,619 6.46 Grand Total 14,22,251 2,35,556 16.52 87,898 6.16Source: Annual Report of Ministry of Railways, 2004-05. Report of the National Commission for Religious and Linguistic Minorities
  • 133. 129 Table 8.12: Representation of OBCs in different Sections of Economy S.No. Category of Jobs SC/ST Muslims OBC Hindus 1 Professional & 14.3 9.7 24.2 51.8 Managerial 2 Sales 15.5 14.7 28.2 41.5 3 Services 28.6 9.1 36.5 25.8 4 Agriculture 36.3 6.1 35.7 21.9 5 Production 28.8 16.6 33.3 21.2 6 Total of Jobs 30.7 9.5 33.7 26.1Source: Report on Reservation Workshop by JNU based on NSSO Report 1999-2000educational level varies vis-à-vis national that reservations in government posts and publicaverage. Muslims (65.31 per cent) are better services have enabled these communities to beoff at primary level of education but their more adequately represented, it also means thatproportion slides down at senior secondary there is much smaller pool of candidates from(4.53 per cent) and graduation level (3.60 among whom these positions are being filled.per cent). As against this, while Christians In other words, against 10 percent Scheduledat the primary level (45.79 per cent) are Caste graduates, about 14 percent of officerslower than the national average, their share in Group A and B are coming from this group.increases at senior secondary (8.70 per cent) Similar may be the situation with the Otherand graduation (8.71 per cent) level. Other Backward Classes and minorities. This showsreligions follow almost national average that there is urgent need to increase the poollevel. of students – receiving quality education and then opting for and qualifying for graduation7.5. The reasons for wide variation in the and post-graduation programmes amongsteducational levels of different communities the socially and economically backwardcould be low enrolment; and/or low female irrespective of caste or religion.literacy rate and/or high drop out rates atprimary and secondary stages. Further, Impact of Reservation Policy inamong those, remaining in the school, Employment and Educationmajority of them barely attain the educationalstandard expected of them due to the lack of 8.1. As may be evident from the details in theinfrastructure facilities in the schools and/or preceding paragraphs, the policy of reservationpoor quality of education available particularly had a salutary effect in terms of inductionin rural and hilly and backward areas. In such a of Scheduled Castes, Scheduled Tribes andsituation children belonging to the socially and Other Backward Classes into public sectoreconomically poor families suffer most and employment and in educational institutions.remain at a disadvantageous position vis-à-vis However, their existing share in employmentthose attaining proper educational standards and educational institutions still falls short ofwithin their communities. target in certain categories of jobs and higher education. The target in the case of Group7.6. As may be seen from Table 8.16, in ‘D’ and ‘C’ are close to population mark of 15institutions of higher education, Scheduled percent for Scheduled Castes and 7.5 percentCastes and Scheduled Tribes are not present in for Scheduled Tribes but fall short in Group ‘A’proportion to their population. and ‘B’. As against this true position regarding the representation of Other Backward ClassesWhile the increasing share of Scheduled Castes in Central Services is not available. However,and Scheduled Tribes in public services shows as stated in para 6.4, in All India Services and Reservation as a Welfare Measure
  • 134. 130 Table 8.13: State-wise Literacy Rate among SCs, STs & Religious Communities (in percent) States All Hindus SC ST Muslims Christians Sikhs Buddhists Jains Religions India 64.8 65.1 54.69 47.10 59.1 80.3 69.4 72.7 94.1 Andhra 60.5 59.4 53.52 37.04 68.0 75.3 78.7 54.8 93.2 Pradesh Assam 63.3 70.0 66.78 62.52 48.4 56.4 90.4 69.9 95.3 Bihar 47.0 47.9 28.47 28.17 42.0 71.1 79.8 59.0 93.3 Chhattisgarh 64.7 63.9 63.96 52.09 82.5 75.3 89.0 84.9 96.8 Gujarat 69.1 68.3 70.50 47.74 73.5 77.7 85.1 66.9 96.0 Haryana 67.9 69.4 55.45 -- 40.0 85.3 68.9 67.4 94.2 Himachal 76.5 76.8 70.31 65.50 57.5 82.8 83.0 73.7 96.3 Pradesh J&K 55.5 71.2 59.03 37.46 47.3 74.8 85.4 59.7 86.5 Jharkhand 53.6 54.6 37.56 40.67 55.6 67.9 87.8 62.5 90.9 Kerala 90.9 90.2 82.66 64.35 89.4 94.8 92.4 92.1 95.5 Madhya 63.7 62.8 58.57 41.16 70.3 85.8 82.9 74.4 96.2 Pradesh Maharashtra 76.9 76.2 71.90 55.21 78.1 91.0 88.9 76.2 95.4 Orissa 63.1 63.3 55.53 37.37 71.3 54.9 90.5 71.0 93.3 Punjab 69.7 74.6 56.22 -- 51.2 54.6 67.3 72.7 95.9 Rajasthan 60.4 60.2 52.24 44.66 56.6 83.0 64.7 71.4 94.0 Tamil Nadu 73.5 72.0 63.19 41.53 82.9 85.8 83.7 86.3 92.2 Uttar Pradesh 56.3 58.0 46.27 35.13 47.8 72.8 71.9 56.2 93.2 West Bengal 68.6 72.4 59.04 43.40 57.5 69.7 87.2 74.7 92.8 Delhi 81.7 82.8 70.85 -- 66.6 94.0 92.1 83.8 96.8 Arunachal 54.3 64.6 67.64 49.62 57.7 47.0 92.4 44.9 85.2 Pradesh Goa 82.0 81.9 71.92 55.88 75.4 83.8 95.5 82.8 95.7 Karnataka 66.6 65.6 52.87 48.27 70.1 87.4 83.7 54.8 84.3 Manipur 70.5 75.3 72.32 65.85 58.6 65.9 88.5 53.3 94.5 Meghalaya 62.6 69.3 56.27 61.34 42.7 65.3 74.7 70.8 69.9 Mizoram 88.8 79.3 89.20 89.34 74.7 93.1 91.8 45.8 61.7 Nagaland 66.6 74.9 -- 65.95 48.2 66.2 82.8 74.6 94.5 Sikkim 68.8 69.4 63.4 67.14 57.8 72.4 97.2 67.3 90.7 Uttaranchal 71.6 74.1 63.40 63.23 51.1 87.9 73.1 76.3 96.3 A&N Island 81.3 81.7 -- 66.79 89.8 77.0 94.1 91.4 100.0 Chandigarh 81.9 80.5 67.66 -- 64.1 88.5 92.0 91.7 97.3 Dadra & Nagar 57.6 56.5 78.25 41.24 80.4 64.6 91.7 63.4 94.4 Haveli Daman & Diu 78.2 77.7 85.13 63.42 80.3 88.2 93.0 84.4 94.6 Lakshadweep 86.7 96.4 -- 86.14 86.1 97.4 100.0 100.0 -- Tripura 73.2 75.3 74.68 56.48 60.9 67.9 98.4 49.2 82.9 Pudducherry 81.2 80.3 69.12 47.10 87.8 87.3 90.9 92.8 96.3Source: Census of India 2001 Report of the National Commission for Religious and Linguistic Minorities
  • 135. 131 Table 8.14: Comparative Enrolment Status of Scheduled Castes and Scheduled Tribes (figure in thousands) Year Total Enrolment SC Enrolment Percentage of SC ST Enrolment Percentage of Enrolment ST Enrolment 1980-81 72688 10981 15.11 4660 6.41 1985-86 86465 13921 16.10 6580 7.61 1990-91 99119 15794 15.93 7869 7.94 1995-96 109734 18536 16.89 9224 8.40 1999-2000 113612 20435 17.98 10650 9.37 2000-2001 113800 21195 18.62 10995 9.66 2001-2002 113883 21504 18.88 11731 10.30 2002-2003 122397 21669 17.70 11830 9.67 2003-2004 128266 23129 18.04 12517 9.75Source: Selected Educational Statistics of Ministry of HRD for the year 2003-2004 Table 8.15: Comparative Educational Status of Religious Communities at different Levels (in percent) Religion/ Upto Primary Middle Secondary Senior Diploma Graduation Unclassified Communities Level * Secondary All Religion 55.57 16.09 14.13 6.74 0.72 6.72 0.02 Hindus 54.91 16.18 14.25 6.92 0.71 7.01 0.01 Muslims 65.31 15.14 10.96 4.53 0.41 3.6 0.05 Christians 45.79 17.13 17.48 8.7 2.19 8.71 0.01 Sikhs 46.70 16.93 20.94 7.57 0.90 6.94 0.02 Buddhists 54.69 17.52 14.09 7.65 0.35 5.7 0.01 Jains 29.51 12.27 21.87 13.84 1.03 21.47 0.01 Other Religions 62.12 17.48 11.24 4.55 0.26 4.35 0.01*includes Literate Without Education, below Primary level and Primary levelSource: - Census of India, 2001Central Services for which recruitment is made persons appointed on the basis of reservationthrough Union Public service Commission with reduced educational standards etc. arerepresentation of Other Backward Classes is likely to suffer from inferiority complex, whichvery near to their share. With the growth in the is bound to affect the quality and efficiency.share of Scheduled Castes and Scheduled Tribes Since the job reservation and appointment toin public services, it had positive multiple effect public services is for public good, the qualityon the social and economic situation of these and efficiency for the proper discharge oftwo disadvantaged groups. The data provided public service is of paramount consideration.by the Ministry of Personnel indicates that On the contrary, in the absence of any scientificin recent years the vacancies reserved for the or systemised study, it would be extremelyScheduled Castes, Scheduled Tribes and other difficult to conclude that reservation had or hasbackward classes are being filled fully even in adverse impact on the efficiency and qualitythe ‘elite’ services at the Centre. of administration. Even if it is conceded for argument sake that reservation has an adverse8.2. There are differing views on the impact of the impact, such an impact is likely to be minimalreservation policy on maintenance of efficiency and can be remedied with special interventionsand quality of administration. One view is that such as training etc. In any case in the context Reservation as a Welfare Measure
  • 136. 132 Table 8.16: Scheduled Castes & Scheduled Tribes Studying at different Level of Education Level of Total General SC ST Education Number Percentage Number Percentage Number Percentage Ph.D. 65525 60282 92.0 3859 5.9 1384 2.1 M.A. 427234 354675 83.0 58017 13.6 14542 3.4 M.Sc. 237439 207470 87.4 29484 10.5 4985 2.1 M.Com 141954 124378 87.6 14119 10.0 3457 2.4 BA/BA Hons 3824833 3107202 81.3 513771 13.4 203860 5.3 B.SC/B.Sc. 1614067 1399426 86.7 178829 11.1 35812 2.2 Hons. B.Com Hons. 1613374 1432000 88.8 150616 9.3 30758 1.9 BE/B.SC. 772923 708782 91.7 48783 6.3 15358 2.0 Engg/B.Arch Medical/ 223235 184194 82.5 28935 13.0 10106 4.5 Dental/ Nursing/ Pharmacy/ Ayurveda B.Ed./BT 114681 90298 78.7 18023 15.7 6360 5.6 Other 973873 738435 75.8 153094 15.7 82344 8.5Source: Selected Educational Statistics 2003-04of the objectives that such reservation serves, it clout, who reap the benefits of reservations.is an acceptable policy. There are Ezhavas in Kerala, Nadars and Thevars in Tamil Nadu, Vokkallingas and8.3. Reservation did not provide equal Lingayats in Karnataka, Lodhs and Koeris inopportunities within each group/community the Central India. Yadavs and Kurmis in Biharto all of beneficiaries. Consequently, and UP and Jats in Rajasthan, which despitedifferent castes and tribes within a group/ their dominant status have been, clubbed ascommunity have not benefited from backward classes eligible for benefits underreservation equally. Almost in all categories reservations. For these reasons, reservationof beneficiaries among Scheduled Castes, has become a contentious issue today, moreScheduled Tribes or other Backward Classes so when it is applied to Other Backwardand minorities, there is a growing sense of Classes.deprivation amongst different categories,which is leading to internal dissension. For * Report on Workshop “Assessment of the impact ofexample*, in Punjab the Valmiki Samaj is reservation policy” organised by JNU, New Delhi.asking for separate quota of reservations onthe ground that Ramadasis and Mazbis have 8.4. Reservation for Minorities has beencornered the benefits. Likewise Chamars in provided by the State Governments of KeralaUP and Mahars in Maharashtra are said to and Karnataka as per details given in Tablehave benefited from the reservations more 8.17.than other castes identified in the Schedulefrom these regions. Similar accusations have The Government of Andhra Pradesh also passedbeen made against the Meena community by an Act providing 5 percent reservation forother Scheduled Tribes. Problems of this kind Muslims. However, this has been turned downare manifold in the case of Other Backward by the Apex Court pending for want of specificClasses as in each State there are dominant recommendations by the State Backwardgroups, usually with economic and political Classes Commission. Report of the National Commission for Religious and Linguistic Minorities
  • 137. 133Difficulties Encountered in the policy in this regard so that the PrimitiveImplementing Reservation Policy Tribal Group at least avail of employment in9. Problem of false/fake caste/community Government of India where reservation forcertificates is a serious problem and is on them is 7.5 percent as against 2 percent inincrease. Consequently, genuine persons are State.deprived of benefits of reservation. For anyperson to be entitled to the benefits/ privileges Employment Opportunities in Organisedas a Scheduled Castes or Scheduled Tribes, he Private Sectorhas to obtain a certificate in the prescribed 10.1. While the complete data on employmentformat from the designated authority to show opportunities in private sector in the country isthat he belongs to SC or ST. This certificate not available, it is estimated that the governmentis a necessity for appointment in Govt./ PSU and the private organised sector compriseetc. against reserved posts. DOP&T has issued only a fraction of the total workforce. Theinstructions giving details of the authorities organised private sector employed about 84.32who can issue such certificates along with the lakh persons in 2002 which is less than 3 perprocedure for verification of caste status by cent of the total work force which is estimatedthe competent authority. Similarly, the really around 350 million. Year-wise growth in thedeserving Other Backward Classes may be employment opportunities in the differentdeprived of benefits of reservation due to the sectors in the organised Private Sector fromsubmission of false certificates by those who 1981 to 2002 is indicated in the Table 8.18 .are not really the OBCs. The rare availability ofseats/ jobs allures candidates to take the help 10.2. As may be seen from the Table 8.18,of false/fake certificate, which is managed by employment opportunities in the organisedmoney or muscle power. The Supreme Court private sector have grown mostly in thehas also taken serious note of such a tendency manufacturing industry followed by thelike taking of reservation benefits by those for Community and Social Services Sector. Inwhom it is not meant. Therefore, this issue is other sectors of economy, there has beenserious and there is urgent need to evolve a marginal increase over the years. Contrarysimple and foolproof mechanism in this regard. to this, survey carried out by the CentralIn addition, it has been found that Scheduled Statistical Organisation (CSO) in 1998Tribes in some States (such as Kerala and covering 30.35 million enterprises otherTamil Nadu) where their proportion in total than crop production and plantations inpopulation is barely two per cent have to wait the country reveals that nearly 80 percent offor several years to fall on the roster point. This the enterprises (i.e. 24.39 million) were self-procedure has affected adversely the Primitive financing and 44.8 percent enterprises wereTribal Group (PTG) which number as much as owned by the Scheduled Castes, Scheduledfive and six respectively in these two States. The Tribes and other Backward Classes in ruraltotal number of PTG in the country is seventy- and urban areas combined together as perfive. It may, therefore, be prudent to review details given in Table 8.19. Table 8.17: Reservation for Minorities by State Government S.No. State Category Reservation Provided In educational institutions In employment 1. Kerala Muslims 10 percent 12 percent Christian/LC/Anglo 2 percent 4 percent Indians 2. Karnataka Muslims 4 percent 4 percent Reservation as a Welfare Measure
  • 138. 134Table 8.19: Ownership of the Enterprises by been set up by Prime Minister’s Office to pre- SCs, STs & OBCs (%) pare code of conduct on affirmative action to Rural Urban Combined be progressively adopted by industry. Howev- er, the industry have informed the government Scheduled Castes 9.0 5.8 7.7 that they would want voluntary action rather Scheduled Tribes 5.2 2.3 4.0 than legal binding in the matter for the follow- Other Backward 36.0 29.1 33.1 Classes ing reasons: Total 50.2 37.2 44.8 (i) Today, 9 out of every 10 jobs created inSource: - Reservation and Private Sector (Edition: 2005) by Sukhdeo India are in the informal sector, whileThorat the rest is generated in the government and organised private sector. As such,There is, therefore, urgent need for the majority of the additional jobs are in theenhancement of credit system for the enterprises informal sector and not in the organisedin the private sector, especially those owned private sector; andby SCs, STs and other backward classes and (ii) Allocation of jobs on the basis ofproviding vocational and entrepreneurship caste/community/religion may leadtraining to them for improving the quality and to the violation of the work contractsproductivity of these enterprises. that India’s IT and IT enabled compa- nies have entered into with European10.3. As stated earlier, there has been very little and US clients. Western Governments.or no increase in the employment opportuni- might use Caste quotas as a non-tradeties in the public sector in the past. In fact with barrier against the IT industry as theythe ban on creation of new posts the employ- have against Carpet industry.ment opportunities in the public sector havedwindled. Also, the scope of employment in 10.4. In view of the above, the Confederationthe organised private sector is limited as the of Indian Industries (CII) has proposed anumber of jobs in this sector are less than 3 per- voluntary code of conduct for affirmative actioncent of the total work force which is estimated for empowerment of disadvantaged groups byaround 350 million. Therefore, the possibil- way of promoting human capital formationity of providing reservation for socio-economi- and entrepreneurship where undermentionedcally backward classes in the Private Sector has targets and milestones are set by companiesbeen under consideration of the Government themselves:and a high level Coordination Committee hasTable 8.18: Year-wise Details of Employment Opportunities in the different Sectors of Economy in the Organised Private Sector (Figure in Lakhs) Sector of Economy Year 1981 1990 1995 2000 2002 i. Manufacturing 45.45 44.57 47.06 50.85 48.67 ii. Construction 0.72 0.68 0.53 0.57 0.56 iii. Wholesale, retail trade 2.77 2.91 3.08 3.3 3.35 iv. Transport, storage 0. 6 0.52 0.58 0.7 0.76 v. Finance and insurance 1.96 2.39 2.93 3.58 3.91 vi. Community and social services 12.22 14.6 16.03 17.23 17.42 Total (including others) 73.95 75.82 80.58 86.49 84.32Source: - Reservation and Private Sector (Edition: 2005) by Sukhdeo Thorat, Chairman UGC Report of the National Commission for Religious and Linguistic Minorities
  • 139. 135A - Role of CII Member Industry improve employability and to encourage(i) Provide scholarships for school students self-employment. and help them successfully Complete their (iii) CII will work with NGOs and Self Help school education. Groups so that the successful members(ii) Companies running private schools will from these groups are encouraged to set up link up with a government School in their own enterprises; and their vicinity in order to raise their overall (iv) Revamp the financial system to provide standards. concessional credit to disadvantaged(iii) Economically backward candidates could groups to promote enterprise through be accommodated in the vocational linkages with Nationalised Banks. training by large companies.(iv) CII members in specific industrial clusters Views of the State/UT will collectively set up training centers for Governments on Reservations economically backward candidates.(v) While providing and distributing 11. During the visits of the Commission to the midday meals should continue to be the States/UTs, the Commission in addition to the responsibility of the government, healthcare official meetings had inter-alia interactions with and food packaging companies will help in the Chief Ministers and Governors of certain improving the nutritional standards and States and the views expressed on the issue of hygienic quality of the meals being given reservation during these visits are as under: to the children. (i) Education is the only means to address(vi) Member companies will actively engage the problem of reservation in services and with local authorities in the following those who are economically poor should areas: be provided with Scholarships and other  For revamping curriculum facilities to enable them to continue their  For upgrading facilities education etc.  For providing industry exposure to (ii) Quality of education should be improved faculty right from the school stage.  For providing technical, training and (iii) Exclusion of Communities from the financial inputs to the ITIs located in Scheduled Lists should be a continuous their area of operation process and decadal surveys should be(vii) Large and medium companies will work carried out regularly to review these lists to with district industry centers and sponsor avoid misuse of reservation policy. vendor development programs for (iv) Reservations to the deprived sections of disadvantaged groups, and the society should be restricted to one-(viii)Member companies will create and en- generation only. hance livelihoods through ancillary devel- (v) Concept of Creamy layer may be introduced opment and follow benchmarks set up by for SCs and STs on the pattern of OBCs so as other companies. to ensure that the most backwards among them could also derive benefits from theB - Role of Confederation of Indian Industry reservations earmarked.(i) CII will implement its Skills Development (vi) Reservation should be extended to the Program across the country to address the poorest in the society irrespective of the needs of the youth. Vocational skills will be religion one pursues. imparted in all-important trades to ensue (vii) Teaching in modern subjects besides employability and also to make people more Urdu and religious education should be efficient as they become self-employed. introduced in Madarsas; and(ii) Upgrade 100 Industrial Training Institutes (viii) There is need for the reservation in private identified by the govt. in the first phase to sector. Reservation as a Welfare Measure
  • 140. 13612. A workshop was organised on Reservations In fact, religion or caste should not beand its impact at Jawahar Lal Nehru University, the basis of Reservation. Also ArticleNew Delhi on 31st July, 2006. Recommendations 16(4) should be the basis for providingof workshop are annexed in Volume II of the reservation benefit to minority groups whoreport. are socio-economically backward class of citizens.13. The reservation as a policy has beena matter of debate since we achieved 14.2. The policy of reservation must beindependence. Reservation as tool for socio- consistent with the objective of reservationeconomic upliftment was adopted as a short- so that the same does not outlast itsterm measure for specific categories of people constitutional object and allow a vestedwho for various reasons were discriminated interest to develop and perpetuate itself.and deprived. In this context Pandit Jawahar There should be no need for reservationLal Nehru in his communication addressed to or preferential treatment once equality isthe Chief Ministers dated 27.6.1961 inter-alia achieved. In fact, it should be temporary inobserved as under: concept, limited in duration, conditional “I have referred above to efficiency and in application and specific in object. to our getting out of our traditional ruts. Any attempt to perpetuate reservation This necessitates our getting out of the and upset the constitutional mandate old habits of reservations and particular of equality is destructive of liberty privileges being given to this caste or and fraternity and all the basic values that group… It is true that we are tied up enshrined in the Constitution. A balance with certain rules and conventions about has, therefore, to be maintained between helping the Scheduled Castes and tribes. the competing values and the rival claims They deserve help but, even so, I dislike and interests so as to achieve equality and any kind of reservation more particularly in freedom for all. services. I react strongly against anything, which leads to inefficiency and second- 14.3. The concept of reservation is an exception rate standards. I want my country to be and therefore, it should aim at the a first class country in every-thing. The achievement of self-abolition, i.e. by way moment we encourage the second-rate, we of the elimination of backwardness and are lost.” He also observed “If we go in for bringing the backwards economically reservations on communal and caste basis, and socially upward. The sooner the need we swamp the bright and able people for reservation is brought to an end, the and remain second rate or third rate. I am better it would be for the nation as a whole. grieved to learn of how far this business of The sooner we redressed all disabilities reservation has gone based on communal and wiped out all traces of historical considerations. It has amazed me to learn discrimination, and stopped identifying that even promotions are based sometimes classes of citizens by the stereo-typed, on communal or caste considerations. This stigmatised and ignominious label of way lies not only folly but disaster. Let us backwardness, the stronger, healthier and help the backward groups by all means, but better united we will emerge as a nation never at the cost of efficiency.” founded on diverse customs, practices, religions and languages but knitted14. In view of the foregoing, the Commission together by innumerable binding strandshas considered the following viewpoints: of common culture and tradition.14.1 The basic criteria for reservation should be socio-economic backwardness with fool- 14.4. Reservation was adopted as the means proof arrangement of issue of certificates. to provide opportunities in employment. Report of the National Commission for Religious and Linguistic Minorities
  • 141. 137 While the weaker sections should be status of a particular caste or class, the entire given due opportunity, it is necessary to system of reservation as also of the SC, ST, break the vicious circle of limited sections OBC Lists needs to be overhauled. Since, cornering the opportunities. Presently, the BPL Lists are being prepared on the basis of concept of creamy layer in employment social/ educational and economic criteria, is applicable in case of Other Backward these are more scientific. Changes/revisions Castes and not for Scheduled Castes are possible periodically in this as they are and Scheduled Tribes. This anomaly prepared after a regular survey which is not needs rectification as while the sections the case of SC, ST, OBC categories. This of minorities belonging to SCs/STs are should be taken in to account for making availing the reservation facility irrespective any recommendations regarding criteria/ of their economic status, the minorities reservation benefits for backward sections. included in the list of the Other Backward Castes do not get this facility. Therefore, 14.7. In India, where there is still competition there is need to have a uniform approach for admission to schools at the primary in this regard by excluding the creamy level and quality of education is a distant layer from the purview of reservation in dream, limited resources and facilities all cases including Scheduled Castes and that are available must be distributed Scheduled Tribes. Further, if an individual fairly. As discussed in the Chapter on “ has benefited from the reservation in Measures for Welfare and Development of the matter of employment, it may be Minorities” of this Report, there is need to worthwhile to consider his next generation provide greater opportunities for quality for educational benefits only. After 60 years education at primary and secondary level of independence and 10 five-year plans, (including the coaching classes) to equip which have focused in special incentives the weaker sections for competing on and programmes, based on policy of merit along with others in recruitment to positive discrimination, it is necessary to public employment. Universal Elementary step forward, remove differential approach Education (UEE) and Sarva Shiksha based on caste, class, religion, and to Abhiyan (SSA) should make this possible. adopt uniform strategies for the socially, economically and educationally poor. 14.8. There are multiple sources of deprivation Reservation should be limited to them. and inequality. The deprived sections are deeply affected by the poor delivery of14.5. Similarly, the reservation on promotion basic education. In such a situation, how is admissible to the Scheduled Castes the multiple sources of inequality in the and Scheduled Tribes and not to Other society should be addressed ensuring Backward Castes. Since, sections of that benefits reach the most marginalised minorities are included in the lists of members of the society is an important Scheduled Castes and Scheduled Tribes issue. Individual States/UTs may have to on one hand and Other Backward Castes experiment with a range of models for on the other, this has resulted in some delivering basic education and monitoring anomaly. It is necessary that the position the implementation of schemes involving is reviewed and a uniform approach in local communities to ensure that the reservation is adopted limited to entry schemes do not remain on paper only. point only and not promotions. Viewed in this background, many scholars to day favour a system of weightages rather14.6. Since the existing Lists of SC, ST, OBC have than fixing quotas and earmarking seats for not been scientifically prepared with proper some groups. The understanding being that survey and data on the socio-economic reservationstendtocreateinter-community Reservation as a Welfare Measure
  • 142. 138 conflicts and enhance particular identities. different regions of the country especially They also imply a deviation from the norm the backward areas. Such a system of of open competition and filling of seats weightages may be better suited for the on the basis of opportunities being given development of socially and economically equally to all. Weightages, on the other backward sections of the society. hand, do not compromise the principle of open competition while taking note of the 14.11.Prof. Andre Beteille, Chairman, ICSSR fact that competition is not always fair. To while discussing the matter of “Right and make the competition fair, some special Policy”, have opined that Private Sector can consideration is given to the relatively be more actively engaged in affirmative marginalised groups by way of extra action. But that may not happen so long weightage. as affirmative action continues to be equated with mandatory numerical quotas14.9. During the workshop organised by the administered under strict bureaucratic Delhi School of Economics (University supervision. Privatisation, liberalisation of Delhi) on 29th– 30th August, 2006, it and globalisation require an employment was inter-alia felt that instead of quota, a policy that is radically different from handicap approach wherein individuals one governed by mandatory quotas or household attributes should assume based on caste and community. Hence, importance without excluding group the imposition of mandatory quotas characteristics may be relevant. The on private companies may not help in model is intended to be evidence-based addressing the problem of inequalities and it addresses four main dimensions of in the conditions of competition. group disadvantages – caste/community, Instead, the government may encourage gender, region and sector of residence (i.e. private companies to devise their own rural or urban). There should be separate programmes of affirmative action by evaluation of urban and rural candidates giving tax concessions to companies etc. based on the location of school where 10th that diversify the social composition of class examination was taken. Also, during their employees and make investments the workshop it was also felt that creamy in education and training. It will be in the layer among the backward classes should be long-term interest of the companies, and skimmed off failing which the concession not just in the public interest, to adopt granted by the reservation policy will active measures to seek out, stimulate and only be grabbed by the creamy layer and nourish the vast reservoir of unutilised not reach the truly weaker sections of the talent that exists in the socially and society as has been the case so far. educationally backward communities.14.10.Jawahar Lal Nehru University has 14.12.Policy of reservations in the field of devised a unique admission policy which employment and education has a long combines constitutionally mandated and complex history in India. There is a reservations with a system of weightages range of reservation policies. While there for other marginalised communities. The is a single central policy on reservation, objective of the University’s admission different states in India have devised policy is to ensure that adequate number their own polices and many of these of students from the under-privileged differ significantly from the Central and socially handicapped sections of our policy. To ensure proper implementation society are admitted to the University of reservation system, constitution and to maintain all-India Character of of separate body - High Powered the University by having students from Commission is recommended. Report of the National Commission for Religious and Linguistic Minorities
  • 143. 139 Chapter 9 DEMANDS FOR AMENDING CONSTITUTION (SCHEDULED CASTES) ORDER 1950Constitutional Provisions Scheduled Castes, since the latter amendment this para says that nobody who is not a Hindu,1. The Constitution of India does not restrict Sikh or Buddhist can be a Scheduled Caste. Thethe Scheduled Castes class to any select text of the Order is reproduced below.religions. The term “Scheduled Castes” hasbeen defined in Article 366 (24) read with The Constitution (Scheduled Castes)Article 341(1) as: Order, 1950 “Scheduled Castes” means such castes, In exercise of the powers conferred by clause (1) races or tribes or parts of or groups within of article 341 of the Constitution of India, the such castes, races or tribes as are deemed President, after consultation with the Governors under article 341 to be Scheduled Castes for and Rajpramukhs of the States concerned, is the purposes of this Constitution. pleased to make the following Order namely:(a) The President may with respect to any 1. This Order may be called the Constitution State or Union territory, and where it is a (Scheduled Castes) Order, 1950. State, after consultation with the Governor thereof, by public notification, specify the 2. Subject to the provisions of this Order, castes, races or tribes or parts of or groups the castes, races or tribes or parts of, or within castes, races or tribes which shall groups within, castes or tribes specified in for the purposes of this Constitution be (Parts to (XXII) of the Schedule to this Order deemed to be Scheduled Castes in relation shall, in relation to the States to which those to that State or Union territory, as the case Parts respectively related, be deemed to be may be. Scheduled Castes so far as regards member(b) Parliament may by law include in or thereof resident in the localities specified exclude from the list of Scheduled Castes in relation to them in those Parts of that specified in a notification issued under Schedule. clause (I) any caste, race or tribe or part of or group within any caste, race or tribe, 3. Notwithstanding anything contained in but save as aforesaid a notification issued paragraph 2, no person who professes a under the said clause shall not be varied by religion different from the Hindu, the Sikh or any subsequent notification. the Buddhist religion shall be deemed to be a member of a Scheduled Caste.2. Under these provisions a Constitution(Scheduled Castes) Order was issued in 1950. 4. Any reference in this Order to a State or to aPara 3 in the Order said that any non-Hindu district or other territorial division thereof shallcould not be regarded as a Scheduled Caste. be construed as a reference to the State, districtSince this Order was amended in 1956 to include or other territorial division as constituted onSikhs, and in 1990 the Buddhists, among the the 1st day of May, 1976.” Demands for Amending Scheduled Castes Order 1950
  • 144. 140Moves for Change by Legislation Indian society to get out of the vice of caste system.Efforts have been made in the past to get the (d) Caste is more a social combination thanConstitution (Scheduled Caste) Order 1950 a religious group and that even thoughamended by legislation so as to make it religion- the tenets of Christianity do not recogniseneutral. A number of Private Members’ Bills caste, it is in fact a reality.have been moved in Parliament, but to no (e) The only available judgment on this issue,avail. An official Bill called the Constitution namely, the constitutionality of paragraph(Scheduled Castes) Orders (Amendment) No.3 of the Constitution (ScheduledBill was at last drafted in 1996. The opinions Caste) Order, 1950 in Soosai vs. UOI 1985expressed by the State/UT governments on the (Supp) S.C.C. 590. In the Judgment, theBill, obtained by the central government, were Supreme Court had accepted that the castedivided. The government also took note of the continued even after conversion. It had,recommendations of the 1983 Gopal Singh Panel however, sought for more material to showand the central Minorities Commission which that the handicaps of persons of Scheduledwere strongly in favour of deleting para 3 of the Castes had remained the same even afterSC Order of 1950, and of the Scheduled Castes conversion to Christianity. In the said case,and Scheduled Tribes Commission which was the Court was not satisfied with the materialagainst the same. In view of all this divergence placed before it.of opinion the Bill was not introduced in the (f ) The position of persons of Scheduled CasteParliament. origin converted to Christianity remains the same as before. They continue to be forcedRecent Court Cases Awaiting a into the most demeaning occupations.Decision Their position both in the Church as well as amongst fellow Christians is no better than1. In three different pending petitions before that suffered by their counterparts in otherthe Supreme Court of India the petitioners religious denominations. They continue tohave challenged paragraph 3 of Constitution be both poor and socially and educationally(Scheduled Castes) Order, 1950 saying that backward. Inter-marriages between thema person not professing the Hindu, Sikh or and upper caste Christians are rare. InBuddhist faith cannot be included in the lists the Churches they are segregated from theScheduled Castes. They have relied upon the upper caste Christians. Even after deathfollowing grounds: they are buried in different burial grounds.(a) Secularism is a basic feature of the (g) The atrocities committed on the Dalits Constitution of India. The denial of are uniform irrespective of the religions equal privileges to persons of Scheduled they belong to. Yet persons of Scheduled Caste origin converted to Christianity Caste Origin converted to Christianity are is in violation of both the basic features deprived of special protective provisions enshrined in Article 25 and the preamble of solely on the basis of religion. the Constitution.(b) The Constitution has provided for equality The petitioners have sought the relief that the of opportunity to all those who are similarly Supreme Court should strike down paragraph situated. Persons of Scheduled Caste origin 3 of the Constitution (Scheduled Castes) Order converted to Christianity are identically 1950 as unconstitutional being violative of situated vis-à-vis their counterparts articles 14, 15 and 16 of the Constitution and professing Hindu, Sikh and Buddhist direct the Government to extend the protection religions. available under the Scheduled Castes and(c) Even after conversion, the caste label Scheduled Tribes (Prevention of Atrocities) continues and it is difficult for a person in Act, 1989 and the Protection of Civil Rights Act, Report of the National Commission for Religious and Linguistic Minorities
  • 145. 1411955 to all persons of Scheduled Caste origin profess any religion different from Hinduirrespective of their religion. or Sikh religion. In other words to get a benefit under Scheduled Caste Order 19502. Seven Writ Petitions making the same a citizen should profess only Hindu or Sikhdemand are pending in different High Courts, religion. This is against the preamble of thebased mainly on the following pleas: Indian Constitution, which secures “liberty of thought, expression, belief, faith and(a) The Presidential Order of 1950 was issued worship to all its citizens. Under Article 341 by the President of India under Article the power given to the President is to specify 341 of the Constitution. The power the Caste and not to specify religion or to conferred on the President by Public identify the Caste by the symbol of religion notification is a delegated power which and hence it is a coloured legislation under cannot run contrary to Article 13(2) of guise of Presidential Order. the Indian Constitution which states as (c) The explanation given under Article 25 follows: “The State shall not make any law cannot be construed as exception to which takes away or abridges the rights treat Sikhs, Jains, Buddhist and Hindus conferred by this part and any law made as a single class or group except for the in contravention of this clause shall, to the purpose of applicability of personal laws extent of the contravention, be void. Under under Article 25(2) and the Presidential Article-13(3), unless the context otherwise Order is treating the members of the Caste requires (a) law include any ordinance who come under para 2 of the Presidential order by law, rule, regulation, notification Order has misconstrued explanation 2 of custom or usages having in the territory of Article 25 for the purpose of discriminating India the force of law. So the Presidential other religions such as Christians and Order of 1950 is unconstitutional and Muslims. Para 3 of Scheduled Caste it is a black letter written outside the Order of 1950 suffers as it discriminates Constitution introduced through the the citizens on the ground of religion back door by an executive order. Under only, whereas the schedule Tribes Order Article 341 the President has no authority 1951 has omitted para 3 deliberately and to proclaim the para 3 of the scheduled citizens of Backward Class and the forward Caste order contrary to the Articles 15(2), Class are not subject to the discrimination 16(2), 29(2) and it is also against the basic on religion only in getting the equality of structure of the Constitution as decided status and of opportunity is undermined in the Kesavanandha Bharati Vs. State of in the case of Schedule Caste under the Kerala and para 3 of the Presidential order Presidential Order of 1950 and it does not can be quashed as per the judgment of the promote fraternity among all its citizens Supreme Court decided in Maharaja Dhi irrespective of Caste, religion and creed. Raja Jiwaji Raja Sindhia Bahadur Madhava (d) In view of the judgment passed by the Rao. Vs. Union of India in AIR 1971 SC 530 Apex court in Indira Sawhney Vs. Union of (1971) ISCC 85 para 3 of the Presidential India Suppl. (3) Supreme Court Cases 217, Order is anathema which disfigures the the impugned Constitution (Scheduled beauty of the written Constitution of Caste) Orders 1950 is required to be struck India. down. The Apex Court in the said judgment(b) Even under Article 341 the President is delivered by B.P Jeevan Reddy J (on behalf . not given a power to proclaim to prohibit of Kania C.J., Veykantchalia, Ahmadi, and any citizen from professing any religion for himself) in majority view came to the of his choice. But the President under conclusion that the concept of Castes is not Article 341 prescribes indirectly people confined to Hindu religion only but it extends particularly (Scheduled Caste) not to irrespective of the religious sanction. Demands for Amending Scheduled Castes Order 1950
  • 146. 142(e) That the action of the Government is against even by their own religious arbitrary and discriminatory on the ground institutions like church or the mosque; the that on one hand the Muslims have been manifestation of discriminations being excluded for the purposes of treating their separate churches/mosques or separate Caste as Scheduled Caste, but on the other prayer halls or prayer timings in the same hand the Muslims are included in the list church/mosque for them and earmarked of backwards meaning thereby that the areas for the burial of their dead. person belonging to a Caste which has (iii) Denial of Scheduled Castes status to them been included in the list of Scheduled Caste despite untouchability related practices shall stand excluded from being treated being enforced against them or atrocities as Scheduled Caste on the simple ground committed against them deprives them that he is a Muslim. But on the contrary, of the protection of the Scheduled Castes if a person though Muslim, but his Caste and the Scheduled Tribes (Prevention of is included in the list of backwards, shall Atrocities) Act, 1989. stand included for the purpose of treating (iv) Despite no visible change in their social or him a backward. In view of this, the action economic status as a result of conversion, of the Government suffers from hostile the converts are deprived of the benefits discrimination against Scheduled Castes of reservation, support and development Muslims. schemes formulated for their counterparts in Hindu, Sikh and Buddhist religions.These petitioners have also sought the same This amounts to discrimination by therelief as sought in the petitions pending before state on the ground of religion.the Supreme Court. (v) Exclusion of Christianity and Islam from the purview of the Constitution (ScheduledDiversity of Views Caste) Order 1950 is discriminatory and unconstitutional being violative ofThere is a wide divergence in the views/ the provisions of fundamental rightsopinions expressed on this subject before the guaranteed under Articles 14,15, 16 andCommission. The following views, for and 25 of the Constitution. Change of religionagainst, have been expressed before us : being a strictly personal matter, such change should not deprive persons ofA. Views in favour Scheduled Caste origin protection and benefits available to similarly placed(i) Even though Christianity and Islam do not persons in other religions. recognise caste system or untouchability, (vii) Although Sikhism and Buddhism do not the ground reality in India is different. recognise Caste system like Christianity Persons of Scheduled /Caste origin and Islam, both Sikhs and Buddhists have converted to Christianity/Islam are been given the status of Scheduled Caste continued to be subjected to disabilities, by amending the Constitution (Scheduled including untouchability associated with Castes) Order 1950. There is no reason as caste and occupation, as they continue to to why similar dispensation can not be be part and parcel of the Indian society. extended to similarly placed persons who(ii) It is not only the society that discriminates profess Christianity or Islam. That this is against persons of Scheduled Caste not being done, is discrimination on the origin converted to Christianity/Islam ground of religion that is prohibited by (inasmuch as such converts are not treated the Constitution. by other members of their own religion (viii) Groups and classes of persons of Scheduled or by members of other religions as their Caste origin professing Christianity/Islam equals), they are being discriminated who are included in the list of OBCs should Report of the National Commission for Religious and Linguistic Minorities
  • 147. 143 be delisted therefrom and be given status the matter of reservation in services/posts of Scheduled Castes. and educational institutions and related matters.B. Counter Views Conclusion(i) The very basis of identification of a certain class of people as Scheduled Caste is social, 1. Inclusion of castes in the old Government educational and economic backwardness of India (Scheduled castes) Order 1936 itself arising from the age old practice of was based on general impressions and not untouchability that flowed from a rigid on any actual survey of the caste situation in caste system in Hindu religion. the country. The same can be said about the(ii) Persons professing Christianity or Islam were Constitution (Scheduled Castes) Order 1950 not treated as depressed class/scheduled which was based on the old SC Order of 1936 caste by the British in pre-Independent Inclusion of additional castes from time to the India or by the Indian Government after lists under the present Order of 1950 is also not independence. The status of depressed based on a scientific survey of the actual caste class/scheduled caste was an inseparable situation in the country. concomitant of Hindu religion in British and Independent India. 2. By all available evidence we do find the(iii)Persons of Scheduled Caste origin caste system to be an all-pervading social converted to Christianity/Islam who phenomenon of India shared by almost all are socially and educationally backward Indian communities irrespective of religious are included in the list of OBC and are persuasions. benefiting from reservation in services/ educational institutions in favour of OBCs 3. It is claimed and agreed to by almost all and from other schemes and institutional sections of the society in India, in various support systems formulated for OBCs. context and especially in respect of the issue(iv) Apart from the benefits available to of reservations, that no special benefits can socially and educationally backward be given to any community or group on the amongst Christians and Muslims as basis of religion. At the same time, however, OBCs, they are also benefiting from the it is generally insisted upon that the class of constitutional, legal and institutional Scheduled Castes must remain religion-based. protection/arrangements as members of This seems to be illogical and unreasonable. minority communities.(v) Presently, reservation is available for SCs 4. Our recommendations on this matter made and STs @ 15 percent and 7.5 per cent in accordance with these conclusions are given respectively although, as per 2001 Census, in Chapter-X. their share in population is much more. Grant of SC status to converts to Christianity/ 5. Member-Secretary of the Commission did Islam would, therefore, adversely affect the not agree with these conclusions and has given benefits available to Scheduled Caste in a Note of Dissent. Demands for Amending Scheduled Castes Order 1950
  • 148. 144Chapter 10 RECOMMENDATIONS AND MODALITIES FOR THEIR IMPLEMENTATION1. In the preceding chapters, we have discussed greater thrust and focus for their acceleratedat length the socio-economic status of the development to bring them at par with thereligious and linguistic minorities, the legal general category of people through lineand constitutional provisions for safeguarding Ministries/Departments/ Institutions. Thetheir interests, and welfare and developmental Commission is aware that many of thesemeasures adopted for giving a greater thrust to programmes and interventions have enabledtheir growth and development with a view to positive discrimination in favour of themainstream them.. We have also reviewed the backwards for their educational, social andcriterion which already exists for identifying economic development which have hadthe socially and economically backward favourable impact on their status. Theseamongst different categories of people in the programmes are being implemented for thecountry including the religious and linguistic last several decades.minorities. While reviewing the status ofsocially & economically backward amongst 2. The Commission has also taken note ofdifferent classes including the minorities, the changing nature of the socio-economicthe Commission has been guided by the structure of the society since independence.Constitutional provisions and the goals that It was noted that due to the impact ofthe Constitution has set for the country. various departmental and other policies andThe ultimate objective as laid down by the programmes, industrialisation and migrationConstitution is of a country secular in nature, from rural to urban areas, the rigidities of thebased on the principles of equality, social age-old social structures have undergone ajustice and equity for all its citizens without change which have substantially blurred thediscrimination on the basis of caste, creed, existing divisions in the society. The dwindlingsex or religion. Taking note of the existing role of Government has reduced the potentialinequalities, it makes both mandatory and for employment within the Government.enabling provisions for facilitating the The economy is growing at a fast pace due tocreation of a society where caste, class, technological advancements, industrialisationreligion will have none or minimal influence. and expansion of communication network.In conformity with Constitutional directives These have opened newer vistas fortwo pronged strategy has been evolved employment with the result that the potentialfor enhancing the status of its people. The for employment by and large exists outside thesocially and economically backward are Government.eligible for benefits from all policies andprogrammes of Government without any 3. Despite the initiative taken by thediscrimination as they are meant for all. Government through policies of positiveAdditionally, special provisions have been discrimination and affirmative action throughmade for the categories of SCs, STs, OBCs, reservation, special schemes and programmesweaker sections and minorities to ensure for social, educational and economic Report of the National Commission for Religious and Linguistic Minorities
  • 149. 145development, it was noted that there is a wide through various measures must, therefore, bespread perception by both policy formulators provided by both the public and private sectorsand implementers of programmes as also the which should reflect the needs of the varioustarget groups that the flow of benefits to them sections of the society and its economy.has not been uniform and the poorest amongstthem have by and large been left out. While 6. As we have discussed in the Chapter onreviewing the policies and programmes, the Welfare Measures, education is the keyCommission has consciously tried to identify to development. It is the most importantthe causes for such wide spread belief regarding requirement for improving the socio-unequal treatments. The Commission is of economic status of the backward sectionsthe view that a uniform approach towards among religious minorities. The literacy andsocially and economically backward needs educational levels among religious minoritiesto be evolved which should not be based on vary considerably from one community to thecaste, class or religion so that social justice and other and from one area to the other. Whileequity can be guaranteed to all. The criterion, educational level of Jains, Christians and Parsistherefore, should be uniform based on social, is higher, that of Muslims and Buddhists iseducational and economic indices equally low and is next to SC/ST. Census statistics onapplicable to all. Those educationally and the status of religious minorities reveals thateconomically backward are, by and large, also the educational status of Muslims is relativelysocially backward. low. However, disaggregated data presents a picture of unevenness in the educational4. Ideally there should be no distinction on the status of Muslims and Buddhists cutting acrossbasis of caste, religion or class. There should the States. The States of Bihar, Madhya Pradesh,be single List of socially and economically Rajasthan and UP which account for almostbackward including religious and linguistic 65 percent of the total population of Muslimsminorities based on common criteria. in the country, present a dismal picture inThe existing Lists prepared on the basis of terms of social indicators of developmentbackwardness of caste or class should cease to for the general population also. In terms ofexist after the List of socially and economically educational, social and economic status, in thebackward is ready. The new list of socially under-developed or backward States, the poorand economically backward has necessarily and socially and economically backward ofto be family/household based. It should be each community, including the Muslims,all inclusive and based on socio-economic are equal victims and suffer equally frombackwardness. disabilities or deprivation. There is, therefore, an urgent need for taking a comprehensive5. On the basis of the above, the Commission view of socially and economically backwardstrongly feels that as education is crucial for of all communities in an integrated mannerdevelopment and enhancement of social and and not deal with the issue of educationaleconomic status, the focus has to be not only backward in a segregated manner. The needon extending the facilities for education to for expanding coverage and providing qualityall equally, but also ensuring the quality of education, focusing on girl’s education andeducation. Education through acquisition of strengthening vocational education is vital forknowledge improves ability and capacity and educational development of weaker sectionsinstills confidence and competitive spirit. It among all backward classes, SCs and STs andnurtures and strengthens self reliance and minorities.enables individual to seek better employmentopportunities. Educational programmes, 7. Now that national programmes like Sarvatherefore, have to equip the individuals for their Siksha Abhiyan are available to all sections ofsocial and economic development. Facilities society throughout the country, there is a need Recommendations And Modalities For Their Implementation
  • 150. 146to ensure participation in the programme by Sikhs is slightly less than the national average.all children belonging to religious minorities, However, in the case of both Jains and MuslimsSCs/STs and other backward classes so that the it is low though, perhaps, for different reasons.facilities are equally shared and dropout rates Muslims are the lowest at 31.3 percent. In termscan be contained. Area based approach needs of categories of workers more Hindus, Sikhsto be adopted and socially and economically and Christians are cultivators than Muslims.backwards targeted locally. Christians and Sikhs are lowest in terms of agriculture workers while Muslims have8. The educational status of minorities has the highest percentage of workers in thebeen discussed in the preceding chapters. We household industry sector. In terms of ‘otherfind that the enrolment of children of religious occupations’ the number of Christians isminorities at the primary level is better than proportionately the largest in this category at 52.8that of SC/ST. However, the dropout rate of percent. The number of Muslims in this categoryMuslims is higher at the middle and secondary stands at 49.1 percent, Hindus at the lowest atlevel. Social and economic prosperity is 35.5 percent. The level of poverty determinesclosely linked to the level of education and the economic status of individuals. In termstraining of an individual. Acquisition of of poverty figures while percentage of peopleknowledge and competitive spirit is essential living below the poverty line, Muslimsfor accessing facilities and opportunities that approximate to that of Hindus in the ruralthe society and its economy offer. The socially areas, the percentage of Muslims living belowand economically backward minorities need poverty line in the urban areas is high. Theto be enlightened about the importance of largest number of people in the rural areasacquiring knowledge and creating competitive who live below poverty line belong to thespirit with a view to ensuring that merit is category of other religions.properly rewarded and reservation is not usedto kill initiative and competitive spirit. The 10. From the above figures, it can safely beintelligentsia among the religious minorities said that by and large the religious minoritiesshould convince the community for active are more urban based than rural based.participation in educational programmes/ While more Christians are engaged in wageschemes and nurture initiative and spirit of employment, more Muslims are employedcompetition amongst them. in household industries and are by and large self-employed. Despite these variations, it9. As in the case of education, the economic is apparent that the population of religiousstatus of religious minorities varies from minorities is as dispersed as that of majoritygroup to group and area to area. While level of community. It is, therefore, necessary thateducation and status has direct linkage with to economically empower the poor in athe employability and economic wellbeing holistic manner adequate infrastructure hasof an individual, economic empowerment is to be created and access through State andalso dependent on several other factors. The community interventions ensured keepingwork participation both in the case of females in mind their varied needs and requirementsand males, traditional and cultural influences both in the rural and urban areas. Jain andespecially with regard to female participation, Parsi communities are economically betterthe type and nature of work etc. also influence of and very few of them would, if at all, comethe economic status of individuals, households into the category of people below poverty lineand often of communities. In the case of or backward classes.religious minorities, the work participationrate of Buddhists, Hindus and Christians is 11. The status of women in the society largelyapproximately the same as for all religious determines the social and economic well-beingpopulations which is 39.1 percent. The WPR of of a society and country. Their participation Report of the National Commission for Religious and Linguistic Minorities
  • 151. 147in economic activities at home and outside of backwards. Changes in the existing criterionon equal footing and the response of the for identifying the eligible out of the backwardscommunity in providing support system to is necessary. In a democracy, decentralisationfacilitate their continuous involvement at all of administrative and financial powers andlevels indicates socio-economic health of the authority is important. This is specially vitalsociety. It is, therefore, important that equal in a vast country like ours which has variationsrights are not only guaranteed to them but in terrain, population distribution, culture,are ensured in all spheres and a protective, tradition, state of development and needssecure environment conducive to women’s – area and people-wise. In order to ensureinvolvement is provided. that the socially and economically backward amongst all categories including the minorities12. In every organisation – governmental or non- are able to take benefits from the schemesgovernmental, planning and implementation and programmes, powers must be vestedare both equally important aspects of at a level from where the access to and foradministration. Planning, formulating each individual/household of socially andpolicies and programmes for the development economically backward is possible. In orderof the country and its peoples for fulfilling to establish the efficacy of administration, itthe objectives that are laid down, is vital for has to be ensured that the constitutionalsustainable development. Good governance provision of equal treatment to socially andnot only depends on appropriate policies economically backwards irrespective ofwhich are need based, identify target areas caste, creed is followed in word and spiritand groups or households but is equally for ensuring the flow of benefits to the SEBdependent on a suitable administrative families.framework and mechanism that ensuresdelivery of services and facilities in an 14. Reservation as a measure of affirmativeequitable and just manner. For effective action has been discussed in detail in Chapterimplementation of programmes, it is No. 8. The Commission considered variousimportant that infrastructure - institutional view-points brought before it during theand administrative - is in place. Systems need visits to States as also during interactionto be in place to regularly review policies, with governmental authorities, NGOs, socialprogrammes and mechanisms to assess scientists etc. The Commission was of thetheir appropriateness and feasibility as also view that ideally the criteria for reservationto constantly monitor to ensure that the should be socio-economic backwardness andtarget groups and beneficiaries are availing not religion or caste. Further, Article 16(4)the services and facilities being provided for should be the basis for providing reservationthem. Concurrent evaluation is necessary benefits to minority groups who are sociallyto identify the gaps and or causes for tardy and economically backward. Reservationimplementation and corrective measures should be provided only as a short term,taken midstream for realisation of aims and time-bound measure for enabling greaterobjectives. participation, both in education and employment. As we have mentioned earlier,13. In the preceding Chapters we have pointed the lists of SC/ST and OBC have not beenout shortfalls and lacunae in the existing policies scientifically prepared either on the basis ofand programmes, and the anomalies that exist a proper survey or reliable data on socio-and have come to light in implementation. It has economic status of a particular caste or class.also been highlighted that these have resulted Therefore, the entire system of reservation,in marginalising the socially and economically including that for SCs/STs and OBCs needsbackward of all categories since the benefits to be overhauled. Reservation as available tohave gone to the upper crust within the groups SCs and STs is open-ended as it is available to Recommendations And Modalities For Their Implementation
  • 152. 148all belonging to the category irrespective of 16.1.1. In our considered opinion the ultimateincome, educational and economic status. OBCs goal should be the evolution of a uniformenjoy 27 percent reservation in employment, pattern of criteria for identifying thethough creamy layer is excluded. The norms backward, which should be based only onand methodology adopted, as pointed out in the educational and economic status ofChapter-VIII is full of anomalies and hence people and not on their caste or religion,amenable to large-scale abuse. For this reason, and its application equally to all sectionsthe better off among the groups take advantage of the citizens irrespective of their caste orof reservation at the cost of the socially and religion. And, we do suggest that overalleconomically backward and deprived. It efforts should be directed towards graduallyis, therefore, necessary to limit benefits of leading the Nation to that goal.reservation to the socially and economically 16.1.2. We, however, do understand thatbackward only. Since BPL lists are prepared achievement of that ultimate goal will takeon the basis of social/educational and a long time as it would obviously requireeconomic criteria, they are more scientific. building public opinion and procuringThey are also revised periodically. BPL lists national consensus in its favour, as alsoshould, therefore, be made eligible for grant of a strong political will for translating itreservation without distinction on caste, class, into concrete action. We are, therefore,group or religion basis. recommending some other measures to be adopted now, pending the possible15. The Commission is of the view that achievement of what we have called theprovision of educational facilities to all sections ultimate goal.of population at all levels is most important. 16.1.3. The measures recommended by us willThe quality of education at primary and in our opinion pave the way for achievingsecondary level is paramount to equip the the aforestated ultimate goal in future onweaker sections for competing on merit for one hand, while ensuring on the other handadmission in higher/professional educational a faithful compliance at present with theinstitutions. As discussed in the Workshop constitutional directives of social, economicorganised by the Delhi School of Economics, and political justice and equality of statusreferred to in the Chapter on Reservation, the and opportunity as proclaimed by thefour main dimensions of group disadvantages Preamble to the Constitution and detailedare caste/community, gender, region and in its provisions on Fundamental Rights.sector of resident (rural or urban). It is alsoessential to ensure that creamy layer among Religious Minoritiesthe backward classes is kept out failing whichconcessions granted by the Reservation Policy 16.1.4. We wish to clarify, at the outset, thatwill be grabbed by the creamy layer and not whatever recommendations of a generalreach the poorest of the poor. nature (for all minorities) we are making here are not only for the communities notified16. We now proceed to list the concrete as “minorities” by executive action underrecommendations we would like to make to the National Commission for Minoritiesanswer each of the Commission’s Terms of Act 1992 but for all religious minoritiesReference – three original and a fourth one – large or small – including the Hindus inadded later. the Union Territory of Lakshadweep and the States of Jammu & Kashmir, Meghalaya,Term of Reference No. 1 Mizoram, Nagaland and Punjab.Criteria for Identifying Socially and 16.1.5. We recommend that in the matterEconomically Backward Classes among the of criteria for identifying backwardReligious and Linguistic Minorities. classes there should be absolutely no Report of the National Commission for Religious and Linguistic Minorities
  • 153. 149 discrimination whatsoever between the The latter may be facing some other majority community and the minorities; problems like discrimination and denial and, therefore, the criteria now applied for of constitutional rights in practice, but this purpose to the majority community no linguistic group may be regarded as – whatever that criteria may be – must backward by itself. We are not, therefore, be unreservedly applied also to all the recommending any criterion for identifying minorities. ‘socially and economically backward16.1.6. As a natural corollary to the aforesaid classes’ among the linguistic minorities. recommendation we recommend that 16.1.11. We are, of course, conscious of the all those classes, sections and groups fact that those linguistic minority groups among the minorities should be treated who keep their education restricted to as backward whose counterparts in the their own language are often handicapped majority community are regarded as in the matter of competing with others backward under the present scheme of in respect of educational development things. and economic advancement. To address16.1.7. We further recommend that all those this problem we are recommending some classes, sections and groups among the specific welfare measures, but would not various minorities as are generally regarded like to identify language as one of the as ‘inferior’ within the social strata and criteria for identifying backward classes societal system of those communities – among the people. whether called ‘zat’ or known by any other synonymous expression – should be treated Term of Reference No. II as backward. Measures of Welfare for Minorities including16.1.8. To be more specific, we recommend Reservation that all those social and vocational groups among the minorities who but for their 16.2.1. As democracy is a game of numbers, religious identity would have been covered the numerically weaker sections of the by the present net of Scheduled Castes citizenry in any society may and often should be unquestionably treated as do get marginalised by the majority. socially backward, irrespective of whether This is eminently true of the religious the religion of those other communities minorities in India where the society recognises the caste system or not. remains intensively religious and religion-16.1.9. We also recommend that those groups conscious and the religious minorities live among the minorities whose counterparts with a predominant religious community in the majority community are at present accounting for over 80 percent of the covered by the net of Scheduled Tribes national population. In such a situation should also be included in that net; and legal protection from the hegemony and also, more specifically, members of the preponderance of the majority community minority communities living in any Tribal becomes a pressing need of the religious Area from pre-independence days should minorities as a whole, and not just that of be so included irrespective of their ethnic the ‘backward’ sections among them. To characteristics. provide such necessary protection by law we do have in the Constitution a DirectiveLinguistic Minorities Principle of State Policy, Article 46, which speaks of “weaker sections of the people”16.1.10. In our opinion the concept of – notably without subjecting them to the ‘backwardness’ is to be confined in its condition of backwardness – and mandates application to religious minorities as it has the State to “promote with special care” the no relevance for the linguistic minorities. educational and economic interests of such Recommendations And Modalities For Their Implementation
  • 154. 150 sections. It is keeping this in mind that we 16.2.5. As the meaning and scope of Article are making certain recommendations for 30 of the Constitution has become quite the religious communities as such – though uncertain, complicated and diluted due we are, of course, also recommending to their varied and sometimes conflicting some special measures for the socially and judicial interpretations, we recommend educationally backward sections among that a comprehensive law should be the minorities. enacted without delay to detail all aspects of minorities’ educational rights under16.2.2. We have a convinced opinion that that provision with a view to reinforcing its backwardness – both social and economic original dictates in letter and spirit. – actually emanates from educational 16.2.6. The statute of the National Minority backwardness. We are, therefore, making Educational Institutions Commission certain measures for the educational should be amended to make it wide-based advancement of the religious minorities in its composition, powers, functions and – especially the Muslims and the Neo- responsibilities and to enable it to work as Buddhists - who were identified under the watchdog for a meticulous enforcement the National Education Policy of 1986 as of all aspects of minorities’ educational educationally most backward among all rights under the Constitution. the religious communities of the country. 16.2.7. As by the force of judicial decisions the At the same time we are also recommend- minority intake in minority educational ing some measures for the economic institutions has, in the interest of national betterment of the backward sections among integration, been restricted to about 50 the religious minorities. percent, thus virtually earmarking the remaining 50 percent or so for the majority16.2.3. As regards linguistic minorities, they community – we strongly recommend are entitled to certain reliefs under some that, by the same analogy and for the same specific provisions of the Constitution, and purpose, at least 15 percent seats in all non- it is in accordance with those provisions minority educational institutions should that we are recommending some welfare be earmarked by law for the minorities as measures also for them. follows: (a) The break up within the recommendedGeneral Welfare Measures 15 percent earmarked seats in institutions shall be 10 percent for theEducational Measures Muslims (commensurate with their 7316.2.4. We further clarify that by the percent share of the former in the total word ‘education’ and its derivatives minority population at the national as used below we mean not only level) and the remaining 5 percent for general education at the primary, the other minorities. secondary, graduate and postgraduate (b) Minor adjustments inter se can be levels, but also instruction and training in made in the 15 percent earmarked engineering, technology, managerial and seats. In the case of non-availability vocational courses and professional studies of Muslim candidates to fill 10 percent like medicine, law and accountancy. All earmarked seats, the remaining these subjects and disciplines – as also the vacancies may be given to the other paraphernalia required for these like libraries, minorities if their members are reading rooms, laboratories, hostels, available over and above their share of dormitories etc, - are included in our 5 percent; but in no case shall any seat recommendations for the advancement of within the recommended 15 percent education among the minorities. go to the majority community. Report of the National Commission for Religious and Linguistic Minorities
  • 155. 151 (c) As is the case with the Scheduled finances and necessary paraphernalia Castes and Scheduled Tribes at either (a) for the provision of modern present, those minority community education up to Standard X within candidates who can compete with those madarsas themselves which others and secure admission on their are at present imparting only own merit shall not be included in religious education or, alternatively, these 15 percent earmarked seats. (b) to enable the students of such16.2.8. As regards the backward sections madarsas to receive such education among all the minorities, we recommend simultaneously in the general schools that the concessions now available in terms in their neigbourhood. The Madarsa of lower eligibility criteria for admission Modernisation Scheme may, for all and lower rate of fee, now available to the these purposes, be operated through Scheduled Castes and Scheduled Tribes, a central agency like the Central Wakf should be extended also to such sections Council or the proposed Central among the minorities. Since women Madarsa Education Board. among some minorities – especially the (iv) The rules and processes of the Central Muslims and Buddhists – are generally Wakf Council should be revised in educationally backward, we recommend such a way that its main responsibility the same measure for them as well and should be educational development suggest that other possible measures of the Muslims. For this purpose the be also initiated for their educational Council may be legally authorised advancement. to collect a special 5 percent16.2.9. In respect of the Muslims – who are educational levy from all wakfs, and the largest minority at the national level (ii) to sanction utilisation of wakf with a country-wide presence and yet lands for establishing educational educationally the most backward of the institutions, polytechnics, libraries religious communities – we recommend and hostels. certain exclusive measures as follows: (v) In the funds to be distributed by (i) Select institutions in the country like the Maulana Azad Educational the Aligarh Muslim University and Foundation a suitable portion the Jamia Millia Islamia should be should be earmarked for the Muslims legally given a special responsibility proportionate to their share in the to promote education at all