MEMORANDUM TO THE COMMITTEE SET UP BY THE GOVERNMENT OF KERALA TO SUGGEST A PLAN OF ACTION BASED ON THE FINDINGS OF THE SACHAR COMMITTEE
The Muslim community appreciates the comprehensive study carried out by the Sachar Committee for producing an authentic report for the first time in India showing the nature and extent of the socio-economic and educational deprivation of the Muslims. Chapter after chapter, the Sachar Committee Report surveys the Muslim scene from different angles and all its analysis converge towards the basic conclusion that the Muslim community as a whole constitutes a backward class almost as backward as the SC/ST. The committee has also exploded the myth of “appeasement of Muslims by the government”. The Committee's findings rudely shatter the illusion that India has succeeded in, or is on the way to, building an inclusive, secular and multi-religious society in which the minorities do not face discrimination by virtue of their faith. In fact, India has veered way off this course and managed to create a New Underclass of Muslims. The New Underclass faces exclusion and systematic discrimination at multiple levels. It's a victim of poverty, lack of access to public services and civic amenities, educational and social backwardness, and severe under-representation in government jobs. It also has a low, sub-optimal presence in politics. The situation obtaining in Kerala is also by and large similar to the situation obtaining in other parts of India with the exception that things are comparatively better in some aspects/areas for various historical reasons. The main findings of the Sachar committee as reported to the Indian Parliament on 31st AUGUST, 2007 by the Union Minister for Minority Affairs is attached as ANNEXURE I
2. As a follow up to its findings, the Committee should have made the obvious recommendations. However, for some unexplained and unknown reasons, it doest not have a clear cut list of its recommendations as normally such reports do. The Union Minister for Minority Affairs reported to the Indian Parliament on 31st August, 2007 regarding the action taken or proposed to be taken by the Central government, a copy of which is attached as ANNEXURE II.
3. The community is also encouraged by the positive comments given so far by some political parties, intellectuals, economists, media persons etc suggesting affirmative action by the Central and State governments in the light of the Sachar committee findings. In this context the community also welcomes the statement made by the CPI(M) on 5th March, 2007, indicating CPI(M)’s Charter For Advancement Of Muslim Community which among other suggestions/observations include the following:-
i. A democratic system is evaluated by how it treats its minorities.
ii. For fostering national unity, for strengthening democracy and secularism, it is essential that the Muslim minority, are provided equal opportunities to access the benefits of development and the fundamental rights given in the Constitution.
iii. The government must formulate a sub-plan for the Muslim community on the lines of the tribal sub-plan. There has to be a specific budgetary allocation in all development schemes for Muslims proportionate to their population at the all-India level. Under a special component plan, allocation may be made in the states proportionate to the percentage of Muslims in that state.
iv. Effective steps for protection of Wakf properties and proper utilization of these properties for the welfare, educational and social development of the community.
v. Special schemes to ensure housing for poorer sections of the community must be ensured.
vi. In the important field of employment, it is necessary for OBC Muslims to get an adequate share of the reserved quota for OBCs. At present, even though they are listed in a large number of states as OBCs, they have hardly benefited through the OBC quota.
vii. In recruitments for state and Central security forces, Muslims must get adequate representation.
viii. Adequate number must be empanelled in all selection committees of recruitment boards.
ix. It is found that Muslim women have not had adequate opportunities in the Self-Help Group (SHG) sector. Attention must be paid to form women’s SHGs among Muslims with bank linkages.
x. Schools, including residential schools imparting modern education for both girls and boys must be built in all districts and blocks with sizable Muslim population. Muslim girls’ hostels must be constructed to facilitate education among girls.
xi. Incentives for women’s and girl’s education must be given. Increase in the number of hostels including hostels for Muslim girls.
xii. There must be a substantial increase in stipends and scholarships on means cum merit basis.
xiii. Special programmes should be undertaken to establish vocational training institutes, polytechnics and colleges in Muslim-dominated areas.
xiv. Justice to communal violence victims must be ensured. Adequate compensation to all victims in line with that of the 1984 victims.
xv. All perpetrators of communal violence must be immediately brought to book within a time-bound framework, regardless of their public or official position.
(Full text of the statement attached as ANNEXURE III.
4. The Muslim community in Kerala sincerely thanks the GOK for setting up the Paloli committee and also urges the committee to expedite its suggestions/recommendations for implementation by the GOK at the earliest.
5. The community has held many seminars, symposia, workshops, meetings and conferences at various levels. It has been doing its homework to concretize its suggestions which should be reasonable, practicable, just, equitable and fair. In this context we have the honour to refer the SOUTH INDIAN MUSLIM CONVENTION FOR SOCIAL JUSTICE held at Cochin on 16-17 June, 2007. The said convention adopted THE COCHIN DECLARATION which attempted to give broad shape to suggestions for the socio-economic and educational development of the Muslim community in India in general and in Kerala particular. A copy of the COCHIN DECLARATION is attached as ANNEXURE IV
Importance of updating data
6. Availability of reliable data on a continuing basis across Socio-Religious Communities (SRCs) on socio-economic conditions, participation in government programmes and the like, is critical for designing appropriate policies, ensuring transparency and effectively monitoring various initiatives and programmes. The present compilation of the data brought out by the Sachar committee should be further enlarged and followed up on a regular basis. Enumeration of castes/groups is critical to assess the equitable distribution of benefits meant for groups included in those categories. The state government may, therefore, take measures to collect and compile the socio-economic and educational status of Muslim community in Kerala on a regular basis and make available such data for information of all concerned.
Employment in Kerala government sector
7. The poor representation of Muslims in Kerala state services is now recognized by all. The Commission under the chairmanship of Justice Narendran had brought out the disparity in the distribution of employment and deprivation of Muslims under the state government service. Inadequate representation of Muslims in various Kerala government services as compared to the size of the population and current reservation ceilings has been indicated clearly in the Narendran commission report. Relevent Tables from the report are attached as ANNEXURES V.:VI, VII & VIII
8. Narendran Commission had quantified the deficiency in the number of posts actually held by the Muslims (in reservation quota and open merit competition together) compared to reservation quota entitlement only as indicated below:-
Name of Community: Muslim
Group
Category
-1
Category
-2
Category
-3
Category
-4
Category
-5
Category
-6
Total
I
-
2926
790
15
11
26
3768
II
649
13
1077
910
X
X
2649
III
-
29
33
26
-
9
97
IV
420
340
69
28
3
9
869
Total
1069
3308
1969
1079
14
44
7383
Group I - Staff of Kerala Government Departments
Group II - Staff of Public Sector undertakings of Kerala Government
Group III - Staff of universities
Group IV - Staff of autonomous Institutions constituted by Government of Kerala
9. Justice Narendran Commission had taken into account only employment made through the State Public Service Commission and, therefore, the picture on the under-representation of Muslims given by the Commission was only partial. The Kerala Shastra Sahitya Parishad (KSSP) survey carried out in 2004 gives a better picture of the distribution of government employment (including those under the central and state governments) across castes and religious groups in the state.
Representation of Social categories in Government Employment
Religious/caste group
Population (percentage)
Employment under Government (%)
Christian
18.3
20.6
Muslim
26.9
11.4
Nair
12.5
21.0
Other Forward Hindus
1.3
3.1
Ezhavas
22.2
22.7
Other Backward Hindus
8.2
5.8
Scheduled castes
9.0
7.6
Scheduled Tribes
1.2
0.8
ALL
100
100
Source: KSSP, 2006, p.71
10. Share of Muslims in Government Employees of Kerala as reported to the Sachar Committee is as indicated below:
Total number of employees - 2,68,733
Muslim population percentage - 24.7%
Reservation percentage in employment - 10-12% within OBC
For different Levels
Share of Muslims in state government employment - 10.4%
Share of Muslims in higher position - 10.3%
Share of Muslims in lower position - 10.4%
Share of Muslims in Group A - 11.8%
Share of Muslims in Group B - 10.1%
Share of Muslims in Group C - 11.1%
Share of Muslims in Group D - 9.1%
Share of Muslims in others - 10.5%
Share of Muslims in Education Department - 12.3%
Share of Muslims in Health and Women and Child
Welfare department - 10.5%
Share of Muslims in Home department - 10.7%
Share of Muslims in Transport department - 9.2%
Share of Muslims in other departments - 10.2%
11. Share of Muslim employees in state public sector undertakings of Kerala as reported to the sachar committee,is indicated below;
Muslim population percentage - 24.7%
Reservation percentage in employment - 10-12% within OBC for different levels
Employment of Muslims in higher position - 9.5%
Employment of Muslims in lower position - 11.1%
Employment of Muslims in Group A - 9.5%
Employment of Muslims in Group B - 9.6%
Employment of Muslims in Group C - 9.3%
Employment of Muslims in Group D - 11.7%
12. This gross under- representation of Muslims in the services under the State raises two questions. One, what are the reasons for this? Two, how can this injustice be rectified? The usual explanation for the under-representation of Muslims is that it is correlated with their educational backwardness. But, this cannot be a foolproof explanation. A survey conducted by the Centre for Development Studies had indicated that the proportion of unemployed among persons at each level of higher education was higher among Muslims than among other communities. It has been pointed out time and again that the roots of this injustice can be located mainly in the roster method adopted by the PSC in reservation.
13. The existing provisions in KS & SSR, 1958 relating to reservation of appointments are as given below:-
Rule 14 where the Special Rules lay down that the principle of reservation of appointments shall apply to any service, class or category , or where in the case of any service, class or category for which no special rules have been issued the Government have by notification in the Gazeettee declared that the principle of reservation of appointments shall apply to such service, class or category, appointments by direct recruitment to such service, class or category shall be made on the following basis.
a) The unit of appointment for the purpose of this rule shall be 20, of which 2 shall be reserved for Scheduled caste and Tribes and 8 shall be reserved for the other Backward Classes and the remaining 10 shall be filled on the basis of merit:
Provided that out of every five posts reserved for Scheduled Castes and Scheduled tribes, one shall go to Scheduled Tribe candidate and the remaining four shall go to Scheduled Castes candidates and in the absence of a candidate to fill up the post reserved for Scheduled Tribe candidates, it shall go to a Scheduled Caste candidates and vice versa
b) The claims of members of Scheduled Castes and the Scheduled Tribes and other Backward Classes shall also be considered for the appointments which shall be filled on the basis of merit and where a candidate belonging to a Scheduled Caste, Scheduled Tribe or other Backward Class is selected on the basis of merit, the number of posts reserved for Scheduled Castes, Scheduled Tribes or for other Backward Classes as the case may be, shall not in any way be affected. (The full text of the existing provisions (Rule 14 and 15) is attached as Annexure 1X).
14. The rule 14(b) lays down that “….where a candidate belonging to the SC/ST or OBC is selected on the basis of merit, the number of posts reserved for SC/ST or OBC shall not in anyway be affected”. This rule is violated by adopting distorted procedures thereby Muslim candidates who are eligible for merit selection are placed in the reserved category and thereafter forward community candidates lower in rank avail selection under merit quota.
15. Every candidate in the ranked list have the right of selection in merit quota. These claims of merit of the candidate belonging to Muslims are taken away by PSC through a system of exclusion. The system of exclusion followed by PSC is the unit wise system in the selection procedure. There are 5 units in a main rotation and each unit consisting of 20 turns. These turns are equally divided into 10 merit (oc) turns and 10 reservation turns. The merit turns are filled first and subsequently reservation turns are filled up thus completing the selection 1st unit. Then starts the 2nd unit in which merit turns are filled up by candidates who are not selected in the 1st unit of reservation. In the first reservation turn itself (or in subsequent turns) there may be OBC candidates (ranks 11….19) who could have come under quota in the second unit. They are excluded from consideration under merit quota. The community looses a reserved quota appointment by wrongly placing a merit candidate in the reserved category. A forward community candidate lower in the rank is consequently selected on merit quota category. The net result is that seats otherwise due for Muslims in merit seats by default or by design are passed on to the forward communities. The current method upset the merit quota of the Reservations groups. It grossly violate in the directions contained in the rule 14. If this is continued, the Backward Class will be forced to satisfy with their reservation quota alone.
16. This irregularity can be remedied by a system ensuring the merit claim of the Muslim candidate who had already been selected against reservation turn, in a prior unit of reservation when he or she comes in for selection in the subsequent merit turns, and thereafter another Muslim is taken from the List against resultant reserved seat.
17. This anomaly was discussed at several fora. Government issued an order dated 02-02-2006 aimed at rectifying the situation. A copy of the same is attached as Annexure IX. However, it could not be implemented by the Government. The Paloli Committee is therefore; is requested to recommend immediate rectification of the situation by suitably amending the existing provision.
18. The inadequacy of the Muslim representation that was identified by Justice Narendran Commission requires nothing but a special recruitment drive. Therefore we would request the Paloli Committee to recommend special recruitment to compensate the Muslims.
Education
19. Educational backwardness of Muslims across states in India has vividly been given in the Report by Justice Sachar. The statistics given by the Committee indicates that the educational achievements of Kerala Muslims though on a better footing than in other states are poor compared to the rest of the population in the state, sans those of the scheduled castes and scheduled tribes. The statistics given by the Sachar Committee indicates that the educational achievements of Kerala Muslims though on a better footing than in other states are poor compared to the rest of the population in the state, sans those of the scheduled castes and scheduled tribes. The Committee has identified 100 Muslim dominated villages in the state as school-less. It is necessary to take steps to improve educational access in those areas where the distance to the nearest school stands as an obstacle for educational advancement of the community. These schools shall not be in the unaided sector since it would lead to the denial of educational opportunities for the poor.
20. The percentage of Muslims who completed primary school stands more or less comparable with the rest of the society; but the percentage falls drastically when we go up the educational ladder.
Educational Attainments among Caste/Religious Groups, 2001
Muslim
(1)
SC/ST
(2)
All Others
(3)
Gap
1-3
1-2
Percentage who completed at least primary school
97.0
93.1
97.4
-0.4
3.9
Percentage who completed at least middle school
84.8
78.0
91.2
-6.4
6.8
Percentage who completed at least matric
37.5
35.8
64.3
-26.8
1.7
Source: Sachar Committee Report, Appendix to Chapter 4, pp.295-300
21. The gender break up of the data gives greater insights . It shows that the decline in educational achievements with education above matriculation is not gender specific.
Educational Attainments among Caste/Religious Groups According to Gender and Place of Residence
Muslim
SC/ST
All Others
Rural
Urban
Rural
Urban
Rural
Urban
male
female
male
female
male
female
male
female
male
female
male
female
Percentage of population that completed at least primary school
96.9
97.1
96.8
97.4
92.7
92.4
96.3
95.9
97.5
97.5
97.2
97.4
Percentage of population that completed at least middle school
81.4
87.8
82.1
88.9
73.2
80.1
81.3
87.5
88.8
93.3
89.7
93.7
Percentage of population that completed at least matric
36.0
35.9
40.8
42.6
31.4
35.9
41.2
50.4
57.9
67.0
63.6
74.0
Source: Sachar Committee Report, Appendix to Chapter 4, pp.295-300
22. A sample survey conducted by the KSSP in 2004 showed that the percentage of persons pursuing education in the age group 18-25 is the lowest among the Muslims (K.S.S.P, Table22, p.75). The results also show that the rate of unemployment in the population in the age group is the highest among the Muslims, which indicates that it is not the participation in work that restraints the Muslim youths from going for higher studies (Kabir, 2006). Apparently, the low percentage of Muslims going for higher education is a result of the poor economic background of the community. It also reflects the relative shortage of educational institutions in the Muslim dominated areas. While the poverty among Muslims has been brought out clearly by the KSSP survey, the latter aspect has recently been brought to light by the dearth of higher secondary schools that can cater to those who pass SSLC in the Muslim dominated districts in the North.
+1 Admission
23. The published information about the SSLC result of 2007 indicate that about 162000 students got B grade and above. A rough estimate of the merit seats at +1 level indicates that it is more than 162000 (+1 level 120000 & VHSS 40000-50000 paramedical and polytechnics 10000 seats all of which came under merit category). Therefore all students getting B grade and above should be able to gain admission under merit quota without any payment. But this does not happen. Therefore to avoid corruption and malpractice at least merit admission should be done centrally, the way it is being done for professional courses. There was an announcement to start this process in some districts during this year but it did not materialize so far. For getting the scheme implemented at least during next year, the initial process should be started now itself.
24. Taking the above facts into account, steps should be taken for:
(a) Opening new educational institutions in the Muslim concentrated areas. There should be concerted efforts to open new Higher Secondary schools, taking into consideration the pattern of demographic changes and the trends in the number of students who come out successful at the SSLC. These schools should be in the government/ aided sector since expansion in the unaided sector would deprive the poor from accessing education. In this context we welcome the Cabinet decision to upgrade some of the High schools in the concerned districts. But it is to be considered whether the step would be sufficient to cater to the demand in the coming years unless fresh HSS are started in the government/aided sector.
(b)The suspension of the order reserving twenty percent of seats at Degree and P.G levels to OBC communities should be immediately withdrawn and the modus operandi for the implementation of the order should be worked out so as to implement it from the coming academic year.
(c) Though there is a scheme that makes Muslim girls in the state, along with girls of Nadar and other backward communities and of below poverty line families among the forward communities eligible for scholarships, the prescribed income limit prevents the scheme being availed of by the students belonging to the community to any significant extent. The scholarship for Higher secondary, Degree and PG students is an insignificant amount and can be availed of only if the family income is below Rs.18000 per annum. To make the scheme of any use to the Muslim girl students, the amount of scholarship be enhanced and the income limit removed or enhanced to a reasonable level so as to be enjoyed by all day-scholars in the community
(d) Though the Backward Classes Corporation has a scheme to provide educational loans at a rate of interest of 4 percent (@ Rs.30000 per annum subject to a maximum of 1.5 lakhs during a five year tenure) , it can be availed of only by those whose family income is below Rs.55000. While the loan facility is meant mainly for professional courses, the income limit provides serious barriers to the majority of students to avail of it.
(e) As a follow up to the Sachar Report, the Central Government introduced a scholarship scheme for minorities. This scheme would benefit only around 900 Muslim students across the state. This is only a small number. Hence, a similar scheme, in addition to the Central government scheme, may be adopted and implemented by the state government.
(f) Coaching centres for career examinations, on the lines of those existing for SCs and STs, should be opened for backward classes also. There should be at least one such centre in every taluk.
25. The State Government may also take steps:
a) To provide free and compulsory education to all children up to the age of 14.
b) To set up exclusive schools for girls particularly for the 9-12 standards as this would facilitate higher participation of Muslim girls in school education.
c) To arrange skill development through ITIs and polytechnics on sectors which have high growth potential.
d) To establish vocational schools and ITIs for non-metric drop outs in Talukas having substantial population of Muslims.
e) To create hostel facilities at reasonable costs for Muslim students, especially girls.
f) To increase the number of merit –cum- means scholarships to Muslim students at all levels.
g) To facilitate sanction and establishment of private schools, professional colleges and universities by the Muslims under Article 30 of the Constitution.
26. Biased and secretive procedures in verifications almost make it impossible for Muslim charitable educational and religious institutions to receive financial assistance from charities abroad when others are freely allowed to receive assistance without any objection. Paloli committee may recommend to the GOK that it should take unbiased and constructive approach in the matter to help the Muslim poor.
27. The status of Muslims today is not very different from that of the Dalits at the time of independence, which led to constitutional affirmative action in their favour. Indeed, in some aspects, Muslims today are even worse off or more disadvantaged than Dalits. Muslims are outside social and economic planning and developmental programmes both as providers and receivers. The Sachar Committee has also stated that the benefits of entitlement meant for the backward classes are yet to reach the Muslims. The Sachar Committee has also highlighted the significant gains achieved by the SCs and STs in the recent past in the educational and economic fields through affirmative actions including reservation in public sector jobs and educational institutions. Reservation is, therefore, the master key to political, economic and social empowerment of a backward community. Oppressed people across social divide have come to look quotas as empowerment. Muslims in Kerala have been enjoying the benefit of reservation in public sector jobs on a limited scale. There is an urgent need for revising upward reservation percentage for Muslims. We request the Paloli committee to recommend upward revision of Muslim percentage in public sector job reservation.
28. Paloli committee may also recommend that GOK should implead as an interested party in various cases pending before the Supreme Court and support reservation in public sector jobs and higher education for Muslims.
29. Paloli committee may recommend that GOK may use its influence on the central government for providing separate quota for Muslims in public sector jobs and in higher education.
30. The Indian constitution has no provision for creamy layer within the scheduled castes and scheduled tribes precisely because of the compelling realities of their socio-economic oppression and exploitation. On the other hand, in respect of reservation for OBCs, while upholding the constitutional amendments made by the parliament, the Supreme Court has in fact redefined the policy of reservation for OBCs and its implementation. Paloli committee may recommend to the GOK to approach the central government to take appropriate legal steps including amendments to the constitution to provide reservation for OBCs on the lines of SC/ST reservation and to scrap the very concept of creamy layer.
31. There is neither statistical basis nor expert evidence to support the assumption that efficiency will be impaired if reservation exceeds 50%. The exact percentage of reservation needed may vary from state to state. The elected representatives in the legislative assembly are the best to decide the exact quantum of reservation needed for the state. Therefore, necessary legal remedies may be explored to enhance the 27% upper limit to provide better opportunities for the deprived communities including Muslims.
32. Muslims should have adequate share in the Police services with which their very security of life and property is involved. There is no justification for exclusion on any ground as most of these forces constitute class III and Class IV employees. Therefore, special recruitment drives should be launched to remove the imbalances now prevailing in these vital services.
33. Wherever the state government has to make appointment though nominations in the Public sector undertakings, a system should be put in place to have a fair number of the Muslim representatives. Similarly, every recruiting agency or Services Commission set up to select and recruit public sector personnel must have adequate number of Muslim representatives so that the sense of discrimination now prevailing may end.
34. The state government may issue guidelines to the concerned authorities to provide employment to the Muslims proportionate to their size in the population of the area under the various Rural Employment programmes.
35. Muslims have a much lower profile in the judicial services than their population share. This under-representation inevitably gets reflected in religious prejudice and skewed or communal judgments. To secure better representation of the Muslims in judiciary, the central and state governments may cooperate for their appointment as judges of District Courts and High Court.
36. Many in kerala, out of ignorance, are still in denial mode about an anti-Muslim bias in the society, administration and legal system. The state government may, therefore, establish a standing machinery to periodically review the anti Muslim bias in the state legislations and law enforcement machineries.
37. An appropriate legislation may be enacted to protect the honour and dignity of the Muslim community against denigration, demonisation and vilification and bring statutory curbs on incendiary and provocative speeches and statements.
38. Analysis of the Census of India 2001 results has indicated that banking facilities are inversely correlated to the proportion of the Muslim population in a village/locality. There is also a widespread perception that participation of Muslims in the Self Help Groups (SHGs) and other micro-credit programmes is very limited. Therefore, formation of co-operatives in Muslim concentrated areas be supported and provide liberal refinance support to such cooperatives.
39. Representation of Muslims on the Boards of Directors of the Public undertakings is poor. The members of the board of directors not only determine policies but also implement the programmes of the Government for betterment of all sections of our people. They also make recruitment of the officials at the middle and higher levels. A policy should therefore, be adopted to nominate adequate number of Directors and senior personnel in these institutions from the Muslim community.
40. The Muslim minority forms about 1/4 of the total population of Kerala. Such a sizable section of the population deserves special attention to ensure that they are not denied fruits of development social justice and fundamental rights. Therefore, there should be a Welfare Board at the state government level exclusively to deal with Muslim affairs. In addition to monitoring various welfare measures, inputs from the board be taken during the course of plan formulation, budget formulation and policy formulations on educational, economic and social aspects.
41.The state government may facilitate a comprehensive survey of waqf properties. Waqf properties may be exempted from rent control and land ceiling laws. Legislation may be made for utilization of surplus income from waqf for education of Muslim students.
42.All the above mentioned genuine demands have arisen as a natural corollary or response of the Muslim community to the findings of the Sachar Committee. The widespread perception of discrimination among the Muslim community needs to be addressed. It is the job of the government to remove this discrimination. The community will extend constructive cooperation and support to state government and other sections and groups in achieving this goal.
ANNEXURE- I
SALIENT FINDINGS OF THE SACHAR COMMITTEE
(i) Education:
(a) The literacy rate among Muslims was 59.1%, which was below the national average of 64.8 %.
(b) The mean years of schooling (MYS) is lower compared to the average MYS for all children.
(c) 25% of Muslim children in the age of 6 – 14 year age group have either never attended school or have dropped out.
(d) The majority of Muslim girls and boys fail in their matriculation examination or drop out before that.
(e) Less than 4% of Muslims are graduates or diploma holders compared to about 7% of the population aged 20 years and above.
(f) There is a strong desire and enthusiasm for education among Muslim women and girls across the board.
(g) Schools beyond primary level are few in Muslim localities. Exclusive schools for girls are fewer.
(h) Lack of hostel facilities is a limiting factor, especially for girls.
(i) Muslim parents are not averse to modern or mainstream education and to sending their children to affordable Government schools. They do not necessarily prefer to send children to madarsas. However, the access to government schools for Muslim children is limited.
(ii) Skill development
(a) Skill development initiatives for those who have not completed school education may be particularly relevant for some sections of Muslims given their occupational structure.
(b) The skill demands in the manufacturing and service sectors are changing continuously and youth with middle school education would meet these needs.
(c) A rehabilitation package for innovative re-skilling and for upgrading the occupational structure in the wake of liberalization is seen as an urgent need.
(iii) Employment and economic opportunities:
(a) Self-employment is the main source of income of Muslims. They are engaged more in self-employed manufacturing and trade activities compared to others.
(b) The share of Muslim workers engaged in street vending is the highest. More than 12 per cent of Muslim male workers are engaged in street vending as compared to the national average of less than 8 per cent.
(c) The percentage of women Muslim workers undertaking work within their own homes is much larger at 70 per cent compared to all workers at 51 per cent.
(d) The share of Muslims in the total workers engaged in the tobacco and textiles/garment related industries are quite significant.
(e) The share of Muslim workers in production related activities and transport equipment operation is much higher at 34%, as against 21% of all workers.
(f) More than 16 per cent of Muslims were engaged as sales workers, while the national average was only about 10 per cent.
(g) While the participation of Muslim workers is relatively higher in production and sales related occupations, their participation was relatively lower in professional, technical, clerical and to some extent managerial work.
(h) Muslims, by and large, are engaged in the unorganized sector of the economy and have to bear the brunt of liberalization.
(i) The participation of Muslims in regular salaried jobs is much less than workers of other socio-religious categories.
(j) Muslims are relatively more vulnerable in terms of conditions of work as their concentration in informal sector employment is higher and their job conditions, even among regular workers, are less for Muslims than those of other socio-religious communities.
(k) Percentage of households availing banking facilities is much lower in villages where the share of Muslim population is high.
(iv) Poverty and development
(a) About 38 % of Muslims in urban areas and 27 % in rural areas live below the poverty level.
(b) Muslims are concentrated in locations with poor infrastructure facilities. This affects their access to basic services like education, health facilities, transport, etc.
(c) About a third of small villages with high concentration of Muslims do not have any educational institutions.
(d) There is a scarcity of medical facilities in larger villages with a substantial Muslim concentration. About 40% of large villages with a substantial Muslim concentration do not have any medical facilities.
(e) Muslim concentration villages are not well served with pucca roads.
(f) Policies to deal with the relative deprivation of the Muslims in the country should sharply focus on inclusive development and mainstreaming of the community while respecting diversity.
(v) Social conditions
(a) A community-specific factor for low educational achievement is that Muslims do not see education as necessarily translating into formal employment.
(b) The Muslim population shows an increasingly better sex ratio compared with other socio-religious communities.
(c) Infant and childhood mortality among Muslims is slightly lower than the average.
(d) There has been a large decline in fertility in all the religious groups including Muslims.
Annexure- II
Decisions taken by the Central Government on the recommendations of the Sachar Committee.
(i) Targeted intervention is proposed for improvement of basic amenities and employment opportunities in 90 identified minority concentration districts which are backward in terms of various developmental parameters.
(ii) (ii) Appropriate measures will be taken to improve the deficiency in civic amenities and economic opportunities in 338 identified towns and cities with a substantial population of minorities. An inter-ministerial task force is already working on this to recommend appropriate strategies in this regard.
(iii) An inter-ministerial group has been constituted to plan and monitor the
implementation of a comprehensive programme for skill and entrepreneurship development among the Muslim community and for ensuring easy and smooth access to credit to the minorities. “Clusters”, having a substantial presence of the Muslim community, especially of those engaged in artisanal activities, will be given focussed attention. The group has commenced its deliberations.
(iv) Public sector banks will open more branches in Muslim concentration
areas, financial institutions will promote micro-finance among the minorities, especially women, public sector banks will monitor the disposal of loan applications for minorities and maintain reasons for rejection, Reserve Bank of India will maintain district-wise and bank-wise data regarding disposal of applications on its website and the flow of credit to minorities, would be monitored regularly. The data can be accessed under the Right to Information Act. Efforts will be made for stepping up priority sector lending to minorities from the present level to 15% over a period of three years.
(v) A multi-pronged strategy will be adopted for addressing the problem of
educational backwardness of the Muslim community. The outreach of upper primary schools will be expanded, particularly for Muslim girls, and where necessary, with “girls only” schools, more Kasturba Gandhi Balika Vidyalayas (KGBV) will be opened in areas with substantial Muslim population; priority would be given to the opening of secondary and senior secondary schools in areas of Muslim concentration, a special literacy drive will be taken up in districts with a substantial population of Muslims, Block Institutes of Teacher Education (BITEs) would be established to impart pre-service and in-service training to primary, upper primary and secondary level teachers in such areas, additional allocation will be made for opening women’s hostels in schools and universities, the Madarasa Modernization Programme will be revised to enhance the components eligible for assistance, the mid-day meal scheme will be extended, especially in educationally backward Muslim concentration blocks and the question of equivalence of qualifications from madarsas for subsequent access to higher education will be addressed.
(vi) Three scholarship schemes are proposed exclusively for the minorities.
A merit-cum-means scholarship scheme for 20,000 students from the minority communities for pursuing technical and professional courses has been approved already. The other two viz. a pre-matric and a post-matric scholarship scheme will be introduced shortly. A revised coaching and remedial tuition scheme has been approved to improve the employability and academic performance of students belonging to the minority communities. Guidelines have been issued already to improve the representation of minorities, in Government, public sector enterprises, public sector banks etc. The Corpus of the Maulana Azad Education Foundation (MAEF) would be augmented and its operations expanded and streamlined.
(vii) Dissemination of information regarding health and family welfare
schemes will be done in Urdu and regional languages and in such districts, blocks and towns with a substantial minority population.
(viii) A comprehensive amendment of the Wakf Act is proposed to address existing deficiencies at the earliest.
(ix) A suitable agency would soon assist in the development of wakf properties so that the augmented income could be utilized for the purposes intended.
(x) All personnel, like government employees, teachers, and health personnel would be sensitized to the importance of diversity and social inclusion.
(xi) Civil Rights Centres will be opened in universities, beginning with Central universities.
(xii) A High Level Committee has been constituted to review the Delimitation Act and the concerns expressed by the Sachar Committee regarding anomalies in the representation of Muslims have been considered by this Committee.
(xiii) It has been decided in principle to set up an Equal Opportunity Commission (EOC) to look into grievances regarding discrimination. An expert group will study and recommend its (EOC’s) structure and functions.
(xiv) In order to promote diversity and social inclusion in educational institutions, work places and living spaces, an expert group has been constituted to propose an appropriate “diversity index”. Such an index can be the basis for providing incentives for better representation in all three areas mentioned above.
(xv) A National Data Bank (NDB) and an autonomous Assessment and Monitoring Authority (AMA) will be soon set up which will analyse the data so generated and suggest appropriate policies to Government on a continuous basis.
Annexure –III
CPI (M)’s Charter for Advancement of Muslim Community
The following is the full text of the CPI (M) Charter:
PREAMBLE
The 138 million (13.8 crore) Muslims in India are intrinsic to the multi-cultural, multi-lingual and multi-religious mosaic that is India. Secular democracy, under the Constitution, provides equal opportunities and fundamental rights for all irrespective of race, religion or creed as citizens of the country. A democratic system is evaluated by how it treats its minorities - whether religious, ethnic or linguistic. For fostering national unity, for strengthening democracy and secularism, it is essential that the Muslim minority, who constitute 13.4 per cent of the population, are provided equal opportunities to access the benefits of development and the fundamental rights given in the Constitution.
The Justice Rajinder Sachar Committee report has highlighted the deplorable socio-economic plight of the mass of the Muslim community. It has served to highlight the urgent need to adopt special measures for the upliftment in their social and economic conditions. It has also effectively rebutted the false and motivated propaganda about “minority appeasement”.
In the light of the Sachar Committee report, the Central government must frame a concrete programme backed with adequate financial allocations to address the discrimination faced by minority communities, in particular the Muslim minority community in the economic, social and educational sphere. It is essential to immediately identify Muslim areas and conduct concrete surveys, so that the assistance can be concretized. This exercise must be done in a time-bound framework.
DEVELOPMENT
i) The government must formulate a sub-plan for the Muslim community on the lines of the tribal sub-plan. There has to be a specific budgetary allocation in all development schemes for Muslims proportionate to their population at the all-India level. Under a special component plan, allocation may be made in the states proportionate to the percentage of Muslims in that state.
ii) The implementation of existing schemes for minority welfare must be strictly monitored. Increased financial allocations to institutions such as Maulana Azad Foundation, NMDFC, Wakf Council etc. should be ensured to strengthen and expand the schemes.
iii) Effective steps for protection of Wakf properties and proper utilization of these properties for the welfare, educational and social development of the community.
iv) In Muslim populated villages and municipal wards, it is found that often there are neither ICDS nor primary health centers. These must be ensured.
v) Special schemes to ensure housing for poorer sections of the community must be ensured.
EMPLOYMENT AND INCOME GENERATION
i) Provide reservations for dalit Muslims.
ii) In the important field of employment, it is necessary for OBC Muslims to get an adequate share of the reserved quota for OBCs. At present, even though they are listed in a large number of states as OBCs, they have hardly benefited through the OBC quota. Access to OBC certificates must be simplified. Where Muslim OBCs have not been listed, such an exercise must be completed in a time-bound manner. A monitoring mechanism can be set up in different states to check the progress on this front.
iii) In recruitments for state and Central security forces, Muslims must get adequate representation.
iv) Adequate number must be empanelled in all selection committees of recruitment boards.
v) Since large numbers of the Muslim community, including Muslim women, are engaged in traditional work as artisans and self-employed, it is essential to make easy credit available to them. Smooth flow of credit from financial institutions, banks and various corporations for self-employment, micro-enterprises and small and medium scale industries must be ensured. The 15 per cent allocation for minorities from priority sector bank loans assured by the Prime Minister must be implemented.
vi) It is found that Muslim women have not had adequate opportunities in the self-help group sector. Attention must be paid to form women’s self-help groups among Muslims with bank linkages.
vii) Large scale skill development programmes to upgrade traditional skills must be organized by government for the community with special programmes for Muslim women. Special emphasis must be placed on trades traditionally undertaken by minority groups.
viii) In land reform programmes, in allocation of plots in residential and industrial areas, shops, stalls, petrol/gas dealerships, opportunities for Muslims should be ensured.
EDUCATION
i) Schools, including residential schools imparting modern education for both girls and boys must be built in all districts and blocks with sizable Muslim population. Muslim girls’ hostels must be constructed to facilitate education among girls.
ii) Incentives for women’s and girl’s education must be given. Increase in the number of hostels including hostels for Muslim girls.
iii) There must be a substantial increase in increase in stipends and scholarships on means cum merit basis.
iv) Recruitment of Urdu-speaking teachers and filling up of vacancies of Urdu teaching posts in schools. Urdu must be available as an optional subject in all government and government-aided schools in areas with substantial Urdu-speaking population. Good quality textbooks in Urdu must be provided.
v) Efforts should be made to introduce and encourage scientific and job oriented education in Madarsas. In some states like West Bengal, general syllabus is also taught in Madarsas and certificates and degrees awarded by Madarsas are recognized. This enables easy migration from Madarsas to general education institutions. This model may be tried in other states also.
vi) Special programmes should be undertaken to establish vocational training institutes, polytechnics and colleges in Muslim-dominated areas.
SECURITY
i) Justice to communal violence victims must be ensured. Adequate compensation to all victims including victims of the Gujarat genocide in line with that of the 1984 victims.
ii) All perpetrators of communal violence must be immediately brought to book within a time-bound framework, regardless of their public or official position.
iii) Recommendations of the Sri Krishna Commission on the Mumbai violence which indicted top politicians, police and government officers to be implemented.
iv) Government must end delay and immediately institute time-bound CBI investigations into the Gujarat genocide related cases, whose victims are still denied justice.
Annexure – IV
SOUTH INDIAN MUSLIM CONFERENCE FOR
SOCIAL JUSTICE
SIMCON, KOCHI 2007
“COCHIN DECLARATION”
CHARTER OF DEMANDS
OF THE MUSLIM COMMUNITY
FOR AFFIRMATIVE ACTION BY THE
CENTRAL AND STATE GOVERNMENTS
16-17 June, 2007
at Al-Ameen Educational Complex, Edappally, Kochi 24
This Declaration tries to codify the genuine demands of the Muslim community expressed through various seminars, conferences, news media articles, research papers etc. in the light of the findings of the Sachar Committee. It is also a summary of the aspirations of the Muslim community but not a detailed and exhaustive list of demands. The community wish and hope that the central and state governments will take immediate action to improve their economic, employment, educational and social fortunes across the country taking into account the broad frame work for development of the Muslim community indicated in this Declaration
1. The Muslim community in India unanimously appreciate the bold step taken by Shri. Manmohan Singh, Honarable Prime Minister, in appointing Sachar Committee to examine the socio- economic and educational status of the Muslim community and to prepare a comprehensive report on these aspects. The community is also unanimous in appreciating the comprehensive study carried out by the Sachar Committee and for producing an authentic report for the first time in India showing the nature and extent of the socio-economic and educational deprivation of the Indian Muslim community. The community is also encouraged by the positive comments given so far by some political parties, intellectuals, economists, media persons etc suggesting affirmative action by the State in the light of the Sachar committee findings.
2. Chapter after chapter, the Sachar Committee Report surveys the Muslim scene from different angles and all its analyses converge towards the basic conclusion that the Muslim community as a whole constitutes a Backward Class almost as backward as the SC/ST. The committee has also exploded the myth of “appeasement of Muslims by the government”. The Committee's findings rudely shatter the illusion that India has succeeded in, or is on the way to, building an inclusive, secular and multi-religious society in which the minorities do not face discrimination by virtue of their faith. In fact, India has veered way off this course and managed to create a New Underclass, of 150 million Muslims. The New Underclass faces exclusion and systematic discrimination at multiple levels. It's a victim of poverty, lack of access to public services and civic amenities, educational and social backwardness, and severe under-representation in government jobs. It also has a low, sub-optimal presence in politics. As a follow up to its findings, the Committee should have made the obvious recommendation that the Muslim community be recognized as socially and educationally backward Class and be provided with reservation in public sector jobs and educational facilities.
However for some reason, it doest not have a summary of its conclusions and suggestions or a clear cut list of its recommendations as normally such reports do.
3. The community has held many seminars, symposia, workshops, meetings and conferences at various levels all over the country. It has been doing its home work so far but yet to produce a concrete Charter of Demands which should be reasonable, practicable, just, equitable and fair, which do not clash with the Constitution, which do not even ask for anything special but only for what has been done or is being done for the SC/STs in the last 50 years in order to empower the community to attain the legitimate constitutional rights and to undo the injustice shown to the community. The Community is now beginning to feel that it has been provided with yet another report and yet nothing will happen because nothing can happen, unless and until workable demands are distilled from the Report and crystallized. Hence this Cochin Declaration and Charter of Demands. This document also attempts to give some components of a broad frame work for a sub-plan for development of the Muslim community.
4. Availability of reliable data on a continuing basis across Socio-Religious Communities (SRCs) on socio-economic conditions, participation in government programmes and the like is critical for designing appropriate policies, ensuring transparency and effectively monitoring various initiatives and programmes. The present compilation of the data brought out by the Sachar committee should be followed up on a regular basis. As pointed out by the Sachar committee, enumeration of castes/groups is critical to assess the equitable distribution of benefits meant for groups included in those categories. The central government may, therefore, take measures to collect and compile the socio-economic and educational status of Muslim community in India on a regular basis through the census operations. As suggested by the Sachar Committee, the central Government may also take action to create a National Data Bank (NDB) where relevant data about different socio-religious communities could be stored to facilitate any research study and subsequent action.
5. Equity and inclusion in a pluralistic society like India will only be possible when the importance of Muslims as an intrinsic part of the diverse Indian social mosaic is squarely recognized.It is a well accepted maxim in law that not only must justice be done but it must appear to be done. Therefore, as recommended by the Sachar Committee, the central government may establish an Equal Opportunity Commission (EOC) to look into the grievances of the deprived groups, especially Muslims.
6. The participation of Muslims in nearly all political spaces is low. Muslims in India do not have the necessary influence or the opportunity to either change or even influence the events having direct relation to their active participation in development process. Therefore, there is a strong case to put mechanisms in place that enable them to engage in democratic processes at various levels of polity and governance. The Central and State governments may formulate and implement new procedures including nomination procedures for increased participation of Muslims in the democratic institutions such as Parliament, state legislatures, local self governments and co-operative institutions. The central and state governments may also facilitate more rational delimitation procedure that does not reserve constituencies with high minority population shares for SCs to improve the opportunity for the Muslims, to contest and get elected to the Indian Parliament and the State Assemblies.
7. Access to education is critical for benefiting from emerging opportunities that are accompanied by economic growth. The Sachar Committee report brings out clearly the educational deprivation experienced by the Muslim community. From lower levels of enrollment to a sharp decline in participation in higher levels of education, the situation of Indian Muslims is indeed very depressing. And the problem is more acute for girls/women. Therefore, Central and State Governments may take steps:
a) To provide free and compulsory education to all children up to the age of 14. Fulfillment of this obligation is critical for improvements in the educational conditions of Muslims.
b) For setting up exclusive schools for girls particularly for the 9-12 standards as this would facilitate higher participation of Muslim girls in school education.
c) For appointing more women teachers in co-education schools
d) For arranging skill development through ITIs and polytechnics on sectors which have high growth potential and in which the Muslim population is concentrated.
e) For establishment of vocational schools and ITIs for non-metric drop outs in Talukas having substantial populations of Muslims.
f) To encourage the University Grants Commission (UGC) to evolve a system where part of the allocation to colleges and universities is linked to the diversity in the student population through admission of Muslim students.
g) For creating hostel facilities at reasonable costs for Muslim students especially for girls, in cities of all sizes to ensure that girls would continue schooling (beyond secondary/college education) as they would not have to commute on a daily basis to access educational institutions located at a distance from their place of residence.
h) To accommodate Urdu in schools of the Hindi region under the Three Language Formula and to provide a regular stream of Urdu teachers.
i) To introduce Urdu as an optional subject in all government and government-aided schools in states having a substantial Urdu speaking population.
j) For granting merit cum means scholarships to Muslim students at all levels.
k) To facilitate establishment of professional colleges and private universities by the Muslims under Article 30 of the Constitution.
l) Full-fledged campuses of Aligarh Muslim University and Jamiah Milliah University should be started in Muslim majority districts of the country.
8. Anyone with social consciousness and responsibility will be shocked by the near total absence of Muslims in various national and state government structures. The status of Indian Muslims today is not very different from that of the Dalits at the time of independence, which led to constitutional affirmative action in their favour. Indeed, in some aspects, Muslims today are even worse off or more disadvantaged than Dalits as per all studies conducted already by various agencies. Muslims are outside social and economic planning and developmental programmes both as providers and receivers. The Sachar Committee has also stated that the benefits of entitlement meant for the backward classes are yet to reach the Muslims. This is not a pretext for quota demand. This is a right for true diversity- diversity natural to our population but not reflected in the public spheres because of discrimination and unequal opportunity. The Sachar Committee has brought out that Muslims are lagging far behind in educational, economic and social spheres, which automatically makes them backward class under the Indian system of governance. The Sachar Committee has also highlighted the significant gains achieved by the SCs and STs in the recent past in the educational and economic fields through affirmative actions including reservation in public sector jobs and educational institutions. Reservation is, therefore, the master key to political, economic and social empowerment of a backward community. Oppressed people across social divide have come to look quotas as empowerment.
9. The central and state governments may, therefore, declare Muslim community as a whole as a socially and educationally backward class under Article 15(4) of the Constitution and hence give them reservation in admission of students in educational institutions and government employment.
10. The central and state government may also create separate sub-quota for Muslim Community within the OBC quota, proportionate to their share in national/state population which should cover higher education, public employment, etc.
11. The central government may take immediate steps to suitably amend the presidential order of 1950 to make all scheduled caste converts, irrespective of the religion of the conversion eligible, for all the concessions available to SCs.
(If para 9 stands like the above examine the relevance of this para)
12. The constitution has no provision for creamy layer within the scheduled castes and scheduled tribes precisely because of the compelling realties of their socio-economic oppression and exploitation. On the other hand, in respect of reservation for OBCs, while upholding the constitutional amendments made by the parliament, supreme court has infact redefined the policy of reservation for OBCs and its implementation. The central government may take appropriate legal steps including amendments to the constitution to provide reservation for OBCs on the lines of SC/ST reservation.
13. There is neither statistical basis nor expert evidence to support the assumption that efficiency will be impaired if reservation exceeds 50%. The exact percentage of reservation needed may vary from state to state. The elected representatives in the legislative assembly are the best forum to decide the exact quantum of reservation needed for the state. Therefore, necessary legal remedies may be explored to enhance the 27% upper limit to provide better opportunities for the deprived communities.
14. Why Muslims should not have an adequate share in the Police and paramilitary services with which their very security of life and property is involved? There is no justification for exclusion on any basis as most of these forces constitute class III and Class IV employees. Therefore, central and state governments may take measures to make police forces and paramilitary more broad-based and cosmopolitan, with sufficient number of Muslims and other minorities recruited to it. Special recruitment drives should be launched to remove the imbalances now prevailing in these vital services.
15. Wherever the central and state governments has to make appointment though nominations, in the Public sector undertakings, a system should be put in place to have a fair number of the Muslim representatives. Similarly, every recruiting agency or Services Commission set up to select and recruit public sector personal must have adequate number of Muslim representatives so that the sense of discrimination now prevailing may end.
16. Muslims are not getting their due share in recruitment to Armed Forces. A large majority of the armed forces consists of matriculates and non matriculates. It is highly illogical to argue that eligible and qualified Muslims candidates in adequate members are not available for selection against such posts. Prejudice and discrimination at certain quarters is responsible for this situation. While we believe that in the armed forces merit alone should be the criteria for recruitment, within this framework, every effort should be made by the central Government to ensure adequate representation of the Muslims in armed forces so as to create in them a sense of national belonging and full participation in the defense of the country.
17. The central and state governments may issue appropriate guidelines to the concerned authorities to provide employment to the Muslims proportionate to their size in the population of the area under the Rural Employment programmes.
18. Muslim under-representation in the judiciary is also glaring. Barring Andhra (an exception for historical reasons), Muslims have a much lower profile in the judicial services than their population share. This under-representation inevitably gets reflected in religious prejudice and skewed or communal judgments. To secure better representation of the Muslims in judiciary, the central and state governments may facilitate their appointment as judges of District Courts, High Courts and Supreme Court in adequate number.
19. Frequent communal riots not only demoralize the Muslims but render them destitute, making them lose whatever little they have. Nobody among those whose job is to protect the lives and property of citizens has been made accountable or punished. Thousands are getting killed, more thousands are left injured and homeless and still nobody in the executive machinery is getting punished for his/her lapse or complicity. Therefore, the central government may make appropriate changes in the Communal Violence (prevention, control and rehabilitation of victims) Bill 2005 to make the executive accountable for the outbreak of communal violence and failure to take prompt measures to control it and rehabilitate the victims. The recommendations of Justice Sri Krishna commission, appointed by government of Maharashtra after the Mumbai riots, should be implemented.
20. The 1984 ‘package’ for riot victims should apply retrospectively to all victims of communal violence since 1984.
21. One place where Muslims are over-represented is prisons. Barring Assam, the proportion of Muslims in prison is considerably higher than their share in the population. Anti-Muslim discrimination has intensified in recent years as a result of the government's Islamophobic "counter-terrorism" strategy. This is reflected in the harsh application of discriminatory measures to Muslims. All this amounts to systematic exclusion, discrimination and institutionalized prejudice. Many in India out of ignorance are still in denial mode about an anti-Muslim bias in this society. The central government may, therefore, establish a standing machinery to periodically review the anti Muslim bias in the central and state legislations and law enforcement machineries.
22. An appropriate legislation may be enacted to protect the honour and dignity of the Muslim community against denigration, demonisation and vilification and bring statutory curbs on incendiary and provocative speeches and statements.
23. Since large number of the Muslim community including Muslim women, are engaged in traditional work as artisans and self-employed, it is essential to make credit available to them. Smooth flow of credit from financial institutions, banks and various corporations for self-employment, micro-enterprises and small and medium scale industries must be ensured. Measures may, therefore, be taken for enhancing credit to Muslims in Priority Sector Advances. Any shortfall in achievement of targeted amount in minority specific programmes should be parked with NMDFC and specific programmes should be funded with this amount. Separate co-operative societies and co-operative bank should be started for various Muslim artisans groups especially for women. Formalities for registration for all theses institutions and allotments of necessary funds to support these institutions make easier.
24. Analysis of the Census of India 2001 results has indicated that banking facilities are inversely correlated to the proportion of the Muslim population in a village/locality. This issue should be addressed on a priority basis. The central and state governments may provide incentives to banks to open more branches in Muslim concentration areas.
25. There is a widespread perception that participation of Muslims in the Self Help Groups (SHGs) and other micro-credit programmes is very limited. A policy to enhance the participation of minorities in the micro-credit schemes of NABARD should be laid down. This policy should spell out the intervention required by NABARD through a mix of target and incentive schemes based on the population percentage of Muslims in the village in order to enhance the participation of Muslims in micro-credit.
26. Given the precarious conditions of the self-employed persons in the informal sector, especially the home-based workers, a social security system for such workers may be introduced. An early implementation would benefit a large section of the Muslim population along with helping the larger segment of the informal sector workforce.
27. Representation of Muslims on the Boards of Directors of the public financial institutions, insurance companies and public sector undertakings is poor. The members of the board of directors not only determine policies but also implement the programmes of the Government for betterment of all sections of our people. They also make recruitment of the officials at the middle and higher levels. A policy should therefore, be adopted to nominate adequate number of Directors and senior personnel in these institutions from the Muslim community so as to give them a sense of belonging.
28. The central and state government may issue guidelines/directions to the concerned authorities for allocation of due shares from municipal and urban development resources to Muslim mohallas and wards, expeditious regularization of Muslim colonies and rehabilitation of those displaced in slum clearance operations.
29. Prime minister’s new 15 point programme covers all religious minorities. The Muslims are 13.4% of the total population, constituting 69% among the minorities. It is therefore recommended that the 69% funds in the programme be earmarked for Muslims.
30. The Muslim minority forms about 14% of the total population of India and in absolute terms there are over 15 crores of Muslims which makes India the second largest Muslim population in the world. Such a sizable section of the population deserves special attention to ensure that they are not denied fruits of development social justice and fundamental rights. Therefore, there should be a Ministry at the central government and Department at the state government level exclusively to deal with Muslim Affairs. The recent improvement made by setting up the Ministry of Minority Affairs should be further improved by setting up a Ministry of Muslim Affairs as the problems of Muslims in terms of economic, social and legal aspects are different from those being faced by other religious minorities such as Christians, Jains, Parsis and Sikhs. It should be the nodal ministry for overall policy, planning and coordination of programmes of development for the Muslims. However, sectoral programmes and schemes pertaining to development of Muslims, policy, planning, monitoring, evaluation etc as also their coordination will be the responsibility concerned ministry/departments. Each Ministry/Departments should also be the nodal ministry/department concerning its sector. The ministry of Muslim Affairs, however, should support efforts of the line ministry/departments for focused implementation in various areas.
31. Formation of a Ministry of Muslim Affairs at the centre should facilitate setting up of a separate Parliamentary Standing Committee and a Consultative Committee of Members of Parliament attached to the Ministry of Muslim Affairs to enable the Members of Parliament to regularly review the progress made by the ministry in implementing the mandate given to it.
32. Each Ministry/department should ear mark outlays for programme specific to the Muslims and for any reason, the allocated funds remain unutilized, such unutilized portion of the funds should not be surrendered and such funds should be passed on to the specific Ministry/Department suggested for the development of the Muslim community with view to formulating and implementing comprehensive programmes for the economic, employment and educational development of the community.
33. Although there are many Centrally Sponsored Schemes (CSS) and Central Plan Schemes (CPS) available for the welfare of SCs, STs and OBCs, such schemes for the welfare of Muslims are rare. Even the available schemes are inadequately funded. The government must formulate a sub plan/special component plan for the Muslim community on the lines of the tribal sub-plan/special component plan for SCs and allocation from the budget should be made for the said plan through special component assistants programme. There has to be a specific budgetary allocation in all development schemes for Muslims proportionate to their population at the all-Indian level.
34. The central and state governments may provide financial and other support to initiatives built around occupations where Muslims are concentrated and that have growth potential. These initiatives can take the form of interventions where existing skills of the workers are combined with knowledge of new technology, and emerging market needs.
35. Special schemes to ensure housing for poorer sections of the Muslim community may be ensured. Special schemes may also be formulated for allotment of shops, PDS, Petrol pumps and gas agencies for Muslim Youth.
36. The central and state government may facilitate a comprehensive survey of Waqf properties and grant public premises status to public waqfs. Waqfs properties may be exempted from rent control and land ceiling laws. Legislation may be made for utilization of surplus income from wakf for education of Muslim students.
37. All the above mentioned genuine demands have arisen as a natural corollary or response of the Muslim community to the findings of the Sachar Committee. The widespread perception of discrimination among the Muslim community needs to be addressed. Denying the existence of discrimination and prejudice against the community and their present social and economic exclusion will not only worsen the condition of the community, but will also threaten the emergence of a composite and cohesive Indian society with all its natural diversity. When this unity does not happen naturally, it has to be made to happen through government intervention including legislation. It is the job of the government to remove this discrimination. Since the central government had taken the initiative to appoint the Sachar Committee, the community hope and believe that central government will also take the lead and initiative in taking appropriate action on the lines indicated in this document. The community also believes that both central and state governments will take parallel action to create the necessary political will to operationalize a affirmative action programme. The community also resolve to extend constructive cooperation and support to central and state governments and other sections and groups in making the proposed affirmative action aimed at promoting Muslim empowerment and arresting Muslim exclusion, a great success. No nation can aspire to greatness when large sections of its population are excluded from the benefits of national achievement and progress. It is the obligation of the State to ensure that the fruits of our national achievement are shared in equal measure by all communities of India, particularly those excluded and deprived such as the Muslims.
Annexure-V
Annexure-VI
Annexure-VII
Annexure-VIII
Annexure -1X
The existing provisions in KS & SSR, 1958 relating to reservation of appointments are as given below:-
Rule 14 where the Special Rules lay down that the principle of reservation of appointments shall apply to any service, class or category , or where in the case of any service, class or category for which no special rules have been issued the Government have by notification in the Gazeettee declared that the principle of reservation of appointments shall apply to such service, class or category, appointments by direct recruitment to such service, class or category shall be made on the following basis.
a) The unit of appointment for the purpose of this rule shall be 20, of which 2 shall be reserved for Scheduled caste and Tribes and 8 shall be reserved for the other Backward Classes and the remaining 10 shall be filled on the basis of merit:
Provided that out of every five posts reserved for Scheduled Castes and Scheduled tribes, one shall go to Scheduled Tribe candidate and the remaining four shall go to Scheduled Castes candidates and in the absence of a candidate to fill up the post reserved for Scheduled Tribe candidates, it shall go to a Scheduled Caste candidates and vice versa
b) The claims of members of Scheduled Castes and the Scheduled Tribes and other Backward Classes shall also be considered for the appointments which shall be filled on the basis of merit and where a candidate belonging to a Scheduled Caste, Scheduled Tribe or other Backward Class is selected on the basis of merit, the number of posts reserved for Scheduled Castes, Scheduled Tribes or for other Backward Classes as the case may be, shall not in any way be affected.
Appointments under Rule 14 of KS & SSR shall be made in the order of rotation specified below in every cycle of 20 vacancies.
1. Open competition
2. Other Backward Classes
3. Open competition
4. Scheduled Castes and Scheduled Tribes
5. Open competition
6. Other Backward Classes
7. Open Competition
8. Other Backward Classes
9. Open Competition
10. Other Backward Classes
11. Open Competition
12. Scheduled Castes and Scheduled Tribes
13. Open competition
14. Other Backward Classes
15. Open competition
16. Other Backward Classes
17. Open Competition
18. Other Backward Classes
19. Open competition
20. Other Backward Classes
Provided that the fourth turn in the third rotation and the twelfth turn in the fifth rotation shall go to Scheduled Tribe candidates and the fourth and twelfth turns in the first, second and fourth rotation, the twelfth turn in the third rotation and the fourth turn in the fifth rotation shall go to Scheduled Caste candidate and in the absence of a candidate for appointment against the turn allotted for Scheduled Tribe candidates, it shall go to a Scheduled Caste candidate and vice versa
Provided that the rule shall not apply in the following case:-
(i) appointment of near relatives of military personnel killed, permanently disabled or reported to be missing in action and near relatives of Government servants dying in harness, if they are or have been wholly dependent on such military personnel or Government servants, as the case may be, subject to the condition that priority in the matter of appointment shall be given only to one relation in the case of each such personnel or Government servant.
(ii) Appointment of disabled jawans who are to be rehabilitated on completion of their medical treatment.
Persons referred to in items (i) and (ii) above shall be given priority in the matter of appointment to Government service provided they possess the prescribed qualification.
Explanation:
1) In the case of military personnel, the terms “near relatives” means the widows/ wives, sons daughter, sisters, brothers, father, mother, nieces and nephews.
2) In the case of Government servants the term “near relatives” means the widows, sons, daughters, sisters, brothers, father and mother.
Provided also that in preparing the list of eligible candidates to be appointment under this rule applying the rotations specified above in every cycle of 20 vacancies, the candidates eligible to be selected on open competition basis, that is, turns 1, 3, 5, 7, 9, 11, 13, 15, 17 and 19 shall be selected first and then the candidates for the reservation turns., out of those available in the ranked list in the particular groups having regard to their ranks. In finalizing the select list any candidate of the same community selected on open competition turns if found to be below in the order of the candidates selected from the same community on the basis of reservation, for the fixation of ranks as per rule 27 of these rules, candidates of the same community obtaining higher marks shall be interchanged with the candidates of the same community in the reservation turn for the purpose of ranking.
Note:- This amendment shall be deemed to have come into force with effect from 17th December 1958
(d) Notwithstanding anything contained in this rule, posts to which, appointments are made by direct recruitment from a common ranked list prepared on the basis of a common test or interview or both, shall be grouped together for the purpose of observance of the rules relation to reservation of appointments.
(e) A supplementary list of sufficient number of suitable candidates, not less than five times the reservation quota, if available, from each community or group of communities for the purpose of satisfying the reservation quota, shall be prepared and published.
Note: - Suitable candidates for the purpose of this rule shall mean candidates with notified minimum qualifications and marks in selection procedure lowered to the extent necessary.
(f) A provisional appointment chart, at the time of each advice, showing separately the candidates eligible to be selected on open competition basis and candidates eligible to be selected on reservation turns including details of non joining duty, no candidate available vacancies, and forfeited reservation turn vacancies pending, if any, to be compensated shall be published.
Provided that a final appointment chart shall be published at the end of the selection year showing the candidates selected on open competition basis and selected on reservation quota.
Note: - Appointment chart for the purpose of this rule shall mean the list showing the details of candidates advised on merit and another list of candidates advised based on reservation showing their community, group of communities, turn , vacancy details such as non joining duty, no candidate available, temporarily passed over etc.
Rule 15. (a) The integrated cycle combining the rotation in clause (c) of the 14 and the sub – rotation in sub – rule (2) of rule 17 shall be as specified in the Annexure to this Part. Notwithstanding anything contained in any other provisions of these rules or in the Special Rules if a suitable candidate is not available for selection from any particular community or group of communities specified in the Annexure, such vacancy shall be kept unfilled, notified separately fro that community or group of communities for that selection year and shall be filled by direct recruitment exclusively from among that community or group of communities. If after re – notification, repeatedly for not less than two times, no suitable candidate is available for selection from the respective community or group of communities, the selection shall be made from available other Backward Classes candidates. In the absence of Other Backward Classes candidates, the selection shall be made from available Scheduled Castes candidates and in their absence, the selection shall be made from available Scheduled Tribes candidates.
Explanation: - One selection year for the purpose of this rule shall be the period from the date on which the rank list of candidates comes into force to the date on which it expires.
Note:- All pending uncompensated turns of vacancies such as temporarily passed over, no candidate available and non – joining duty as on the 2nd February, 2006 , shall be compensated.
(b) If a suitable candidate is not available for selection from the group of communities classified as ‘Scheduled Castes” in the turn allotted from such group in the Annexure, the said group shall be passed over and the post shall be filled up by a suitable candidate from the group of communities classified as “ Scheduled Tribes” and vice versa.
(c) The benefit of the turn forfeited to Scheduled Castes or Scheduled Tribes communities by reason of it being passed over under sub-rule (b) shall be resorted to it, at the earliest possible opportunity, if a suitable candidate from that particular community or group is available for selection by making adjustment against the claims of the Scheduled Caste or Scheduled Tribe community that derived the extra benefit by reason of such passing over.
(d) Reservation to a category of posts shall not exceed 50% of the total number of vacancies for which selection is resorted to in a selection year.
Provided that the 50% ceiling to reservation specified above shall not apply to the filling up of any number of reserved vacancies kept unfilled and notified separately as per sub – rule (a) of rule 15 to be filled exclusively by direct recruitment from among a community or group of communities.
Provided further that such class of vacancies to be filled up in that year or in any succeeding year or years shall not considered together with the vacancies of the year in which they are being filled up for determining the ceiling of 50% of the total number of vacancies of that year.
