NATIONAL COMMISSION FOR MINORITIES: Instilling a Sense of Confidence Among the Five Religious Minorities

The National Commission for Minorities was set up in 1993 as a statutory body with the purpose of instilling a sense of confidence among the five religious minorities that the laws of the land and the constitutional rights and freedoms are respected by the State. The NCM is enjoined to carry out research and institute studies to assess the functioning of the constitutional rights and safeguards and assess the progress of the development of minorities in both the Union and the States.

During the year 2011-2012 the National Commission for Minorities carried out on the spot visits to three riot affected areas:

• Forbesganj in Araria district of Bihar where 4 Muslims were killed in police firing. The Commission recommended that the police personnel responsible for opening fire on the crowd should be brought to book and also recommended compensation to those killed and injured in the firing.

• Bharatpur in Rajasthan where again a clash between the police, the Meos and the Gujjars had resulted in the death of 10 persons. The Commission rushed a two member team consisting of Ms Syeda Imam and Mr. K.N.Daruwalla to Bharatpur to study the situation. The NCM recommended both short term and long term measures for sensitization of district officials and the police in particular to minority sensibilities. The District Magistrate, SP and ASP were all suspended on the recommendation of NCM

• Rudrapur in Uttarakhand where a clash between two groups had resulted in violence and death of 4 persons and large scale damage to public and private property including arson and looting. The NCM team headed by Mr. K.N. Daruwalla visited the incident spot and met the affected families. Recommendations included activation of Mohalla peace committees and sensitization of police personnel and transfer of all police personnel who played a biased role

The arrest of large number of Muslim youth and their long periods of detention in jails without adequate evidence was a matter of concern to the Commission. The Commission was also agitated that after years of being under trials, sometimes for more than a decade, the police were not able to prove the charges. The acquitted youth were not properly rehabilitated and in extreme cases not allowed to lead normal lives after their acquittal and they were looked upon suspiciously by the society.

In this context the Commission had taken up with the states and the Union government the need to have speedy trial and to strengthen and make the prosecution branch independent and critical so that before a case is filed the prosecution branch is able to question the police arrests and check the infallibility of the evidence. The Commission had taken up with the Andhra Pradesh government the rehabilitation of the Muslim youth who had been acquitted by the Andhra Pradesh High Court in the Mecca Masjid blasts. The State Government has positively responded has taken action for financial assistance of Rs. 70 lakhs to the 20 Muslim youths who were acquitted by the Courts.

Issues of Christians taken up by the Commission included incidents of profiling of Christians in Madhya Pradesh where a census of Christian organizations and churches was ordered by the Bhopal police, the anti Christian propaganda carried out in the last year’s Khumb Mela in Mandla, Madhya Pradesh and harassment of Christians in Karnataka and Madhya Pradesh for holding prayer meetings in their houses –a right guaranteed to them under the Constitution. The non -registration of police cases against policemen who publicly insulted a brother in Bangalore, the registration of a frivolous case against 3 priests for performing the last rites of a “Hindu” believer in Madhya Pradesh were resolved with the intervention of the Commission. The policeman in Bangalore was suspended and inquiry is on. In the case of the Madhya Pradesh incident the police cases were withdrawn.

During the year the Commission also tried to calm the frayed sensibilities of the Buddhists who were agitated by the adverse media reports on the Karmapa. The Commission took up the matter with the Government as well as with Broadcast Councils so that the media can be a little more sensitized when reporting such matters. The Buddhist Member, Ms Spalzes Angmo also took up the issue of the construction of multiple hydel projects in Sikkim across the Rothung Chu river (a river considered holy to the Buddhists) with the Sikkim Government in the aftermath of the Sikkim earthquake. According to media reports two of these three projects have been scrapped while the third is under review. The management of the Bodhgaya Temple has continued to be a matter of concern

The Commission took suo moto cognizance of a media report regarding incident of alleged massacre of Sikhs in Village of Chhillar in Rewari District of Haryana in 1984 and inaction on rehabilitation of victims by Government was taken up with the Haryana Chief Minister. The Chief Minister had setup a Commission of inquiry headed by retired Judge of Allahabad High Court to go into the facts of the case. Other issues relating to the Sikhs which were taken up include constitution of separate Committee of Gurdwara in Haryana, implementation of Punjabi as 2nd language, for making efforts to start Punjabi programmes from All India Radio and Doordarshan Kendra.

Issues relating to the declining number of Parsis, proper reservation and help to the indigent Parsis were taken up with the State and Central Governments. The Member representing the Parsis has also taken up with the Finance Minister, the difficulties that the Parsi charitable organizations will face in case the Direct Tax Code n its present form is implemented. During the current Financial Year till February, 2012, total 20 cases were heard in NCM. The NCM received a total of 2336 complaints concerning grievances. Out of these complaints 588 were disposed of and the remaining complaints are under process/ forwarded to the concerned department for report/necessary action.

During the year two research studies were taken up: one on the "Effects of recent recessions as well as liberalization of Indian Economy on the workforce engaged in small, cottage and handicrafts work, particularly on Muslim minority of India and identification of areas of these effects as well as remedies thereof" and "Compilation of important legal text and case laws on Minority Rights".