AUXILIA LAW ASSOCIATES: February 2010

Saturday, February 20, 2010

Govt looks to bury Mishra panel’s report on converts

NEW DELHI: With the Ranganath Mishra commission report recommending SC status to Hindu converts to Christianity and Islam and a subquota for minorities in OBC reservations becoming a hot potato for UPA, the government is all set to give the controversial proposals a deep burial.

The government indicated as much with minority affairs minister Salman Khursheed ruling out an Action Taken Report (ATR) as the panel was not set up under the Commissions of Inquiry Act. Speculation had mounted after Prime Minister Manmohan Singh told Lok Sabha that the report would be tabled in Parliament.

While the PM had spoken on the issue in response to a Samajwadi Party leader having raised the report in Lok Sabha on Wednesday, a more detailed examination of the commission's findings is currently under way. It is being felt the report deals with constitional issues that have been pronounced upon by courts and are not easy to deal with.

The view that the report is not only difficult to implement but can lead to a socially explosive situation is shared by the top Congress leadership. The party feels that the report will reopen quota controversies with a "communal" tinge and given BJP and Hindutva organisations like Vishwa Hindu Parishad a handle to get raise a divisive campaign.

The constitutional bar on Christian and Muslim "dalits" being allowed access to reservation is not easy to negotiate and any move to get Parliament to consider the potentially incendiary issue could trigger another quota war. Congress has not forgotten how former HRD minister Arjun Singh had ambushed UPA-1 with OBC quotas in central educational institutions.

The possibility of setting up a "committee on a committee" is an obvious option but it is being felt that it may not be feasible or wise to let the matter linger on and the government may well have to bite the bullet to close the chapter. A JD(U) MP who has been lobbying parties was bluntly told by a senior Congress leader that the report's recommendations were unlikely to be considered.

Further consultations between PMO and the ministry for minority affairs are on the cards after the PM returns from the climate summit at Copenhagen but the opinion in government and the Congress seems pretty much set against any move to not expand SC quotas which is also likely to run into the opposition of dalit groups who currently enjoy reservations. These SC groups have clearly indicated that they do not favour widening the quota ambit to other religious communities.

Minority reservation: LF wants creamy layer' out

KOLKATA: Even after welcoming the Ranganath Mishra Committee report over reservation for minorities as "backward", the Left Front is keeping a cautious eye on reactions from the Hindu community.

The Front thus wants to leave it to the Congress-led UPA government to suggest ways of implementing the report. In a way for the Left it is a case of history repeating itself, as had happened during the Mandal Commission controversy nearly two decades ago. Like then, the Left wants the creamy layer' to be kept out. Left Front chairman Biman Bose also wants the benefits extended to linguistic minorities as well.

The Ranganath Mishra Commission report came up for discussion in the Left Front meeting held on Monday. Last week, Forward Bloc state secretary and the senior Front leader Asok Ghosh had written to chief minister Buddhadeb Bhattacharjee asking the state government to implement the recommendations. Bhattacharjee had replied to Ghosh that the matter would be discussed among the Front partners.

Left Front chairman Biman Bose said that the Front partners have been asked to study the report and give a detailed note to the Left Front and also the chief minister. "Chief minister will consult the Front partners," Bose said.

Bose blamed the Centre for delaying the report. "This report was not for academic studies but for benefit of people and society. We are completely in the dark about how the Centre is planning to implement the recommendations. It is for the Centre to decide on the implementation process and then direct the state governments. They could have sought the opinion of national parties," said Bose.

The Ranganath Misra Commission report states that the Centre had categorically stated that there was no legal compulsion to draw up an All-India list of socially and educationally backward classes.

The report states that instead the Centre had asked the state governments had the discretion to "choose their own criteria for defining backwardness, it would be better to apply economic tests than to go by caste." The BP Mandal Commission which submitted its report in 1980 had drawn 11 social, educational and economic indicators to identify backwardness.

Bose said that the creamy layer has to be excluded. "Benefits have to reach the socially and economically backward people. Linguistic minorities can also be covered. Instead of religious minorities, socio-economically backward communities can be included. BPL lists available with the state governments or whatever data is in hand should be used to implement the recommendations," Bose said.

CPI state secretary Manju Majumdar welcomed the report but pointed out that the implementation has to be considered with due emphasis on the economic and social parameters for backwardness among minorities both religious and linguistic.

RSP leader and state minister Kshiti Goswami said that the report has to be studied in detail. "It has to be seen which section of the society will benefit from this," Goswami said.

Minority reservation: LF wants creamy layer' out

Rangnath Commission report to be studied 'sincerely': Govt

NEW DELHI: Government on Sunday said it will examine the report of Rangnath Mishra Commission that recommended 10% reservation for Muslims and five per cent for other minorities "with all sincerity" but refused to commit whether or when the recommendations will be accepted.

"We will examine it ( Mishra Commission report) with all sincerity. For us, it is an issue of importance," minority affairs minister Salman Khurshid said when asked if the government will implement the recommendations and if yes, when.

Khurshid said the Centre will study the recommendations and then decide which of them should be implemented.

He also justified non-tabling of the action taken report along with the commission's report in Parliament, saying it was not mandatory as the National Commission for Religious and Linguistic Minorities, headed by former Chief Justice of India Rangnath Mishra was not constituted under the Commission of Enquiry Act.

Among a host of recommendations, the Commission suggests delinking of Scheduled Caste status from religion and abrogation of the 1950 Scheduled Caste Order which "still excludes Muslims, Christians, Jains and Parsis from the SC net."

The Order originally restricted the SC status to Hindus only but was later opened it to Buddhists and Sikhs. If the Commission's recommendation is accepted, Dalits converted from Hinduism Islam and Christianity will also come under SC category and can claim benefits being given as per the Constitution.

Rangnath Commission report to be studied 'sincerely': Govt

CPI (M) to discuss Ranganath Mishra report

KOLKATA: While the Communist Party of India (Marxist) has in principle welcomed the recommendations of the Ranganath Mishra Commission, the details of the report will be discussed at the three-day meeting of the party’s Central Committee beginning on Thursday. This was stated by Mohammed Salim, member of the party’s Central Committee, here on Wednesday.

“This is the first ever Commission set up to make recommendations on educational and economic opportunities for the development of minorities,” Mr. Salim said, adding that the decision to appoint the Commission was taken at the time the CPI (M) had extended outside support to the first UPA government at the Centre.

Re-affirming the need to tackle the problem of rising prices, Mr. Salim said while the second UPA government had said it would bring prices under control within the first 100 days of coming to power, nothing had been achieved so far.

Accusing Trinamool Congress chief Mamata Banerjee of “passing the buck”, Mr. Salim said that controlling prices was “a collective responsibility of the government” and could not be avoided by emphasising the role of the State.

Ms. Banerjee had recently spoken out against the Centre for not doing enough to control prices of essential commodities.

“When she is a part of the same government and a member of the [Union] Cabinet, she cannot shirk her responsibility,” he said.

Mr. Salim also accused Ms. Banerjee of being inconsistent in her stand on the issue of dealing with Maoist violence. “In Kolkata she says that if she comes to power she will drive the Maoists away, but when she visits areas that have a Maoist presence she is pleading with them to sit for discussions,” Mr. Salim said.

CPI (M) to discuss Ranganath Mishra report

Report urging same treatment of Christian, Muslim Dalits hailed

Bangalore, India (ENI). Church groups have hailed the report of a federal commission recommending an end to decades of religion-based discrimination which excluded Christian and Muslim Dalits from affirmative action legislation and have also called for the laws to be changed.

The report of the National Commission for Religious and Linguistic Minorities, presented in the national Parliament on 19 December, recommended de-linking of the official Dalit status from religion.

The commission, headed by the former chief justice of the federal Supreme Court, Ranganath Misra, suggested changing the 1950 legislation, something demanded by Christian groups and Muslims for decades because they said it led to discrimination among Dalits on religious grounds.

"This is a Christmas gift for the Dalit Christians," Dalit Christian activist Franklin Caesar told Ecumenical News International on 21 December. Caesar had submitted to the Supreme Court a petition against the discrimination that singled out Christian and Muslim Dalits.

The federal government set up the commission in 2004 after the country's highest court asked the government to clarify its stand on the status of Dalit Christians, who account for nearly two-thirds of the 27 million Christians in India.

Dalit literally means "trampled upon" and refers to low castes once called "untouchables" in India's caste-ridden society. Although the caste system has been officially outlawed, Dalits are often consigned to carrying out only the lowest of menial jobs while living in segregation from upper castes, especially in rural areas.

To improve the social status of the oppressed Dalits, the government in 1950 had created a category of people called "Scheduled Caste". It placed Hindu Dalits under this category and made them eligible for free education and reserved quotas in government jobs.

In 1956, Sikh Dalits were included in the "Scheduled Caste" category and the statutory rights were extended to them, while Buddhist Dalits were granted the same status in the 1990s.

Though Christian and Muslim Dalits had clamoured for decades for equal rights as they suffer the same caste abuses and discrimination, courts cited the constitutional ban as well as the argument that Christianity does not admit a caste system.

The commission report pointed out, however, that "Even though Christianity and Islam do not recognise the caste system or untouchability, the ground reality in India is different."

The report points out that Dalits who converted to Christianity or to Islam "continue to be subjected to disabilities, including the untouchability associated with caste and occupation, as they continue to be part and parcel of the Indian society".

In a joint statement on behalf of the All India Christian Council, the All India Catholic Union, the United Christian Action and the Union of Dalit Christian Associations India., John Dayal said, "Justice has been done by the Misra commission." He added, "It is now for the government to do justice," as he urged the government to bring in the necessary legal changes.

RANGANATH MISRA COMMISSION REPORT-FULL TEXT

Ministry of Minority Affairs
Report of the
National Commission for
Religious and Linguistic Minorities
Report of the
National Commission for
Religious and Linguistic Minorities
Ministry of Minority Affairs
Designed and Layout by
New Concept Information Systems Pvt. Ltd., Tel.: 26972743
Printing by
Alaknanda Advertising Pvt. Ltd., Tel.: 9810134115

CONTENTS
Chapter I Introduction 1
Chapter II Constitutional and Legislative Provisions
Regarding the Minorities 3
Chapter III Religious Minorities and their Status 12
Chapter IV Linguistic Minorities and their Status 31
Chapter V Status of Women among Minorities 41
Chapter VI Criteria for Identifying backward Sections
among Religious Minorities 56
Chapter VII Measures for Welfare and Development of Minorities 72
Chapter VIII Reservation as a Welfare Measure 114
Chapter IX Demands for amending Constitution (SC) Order, 1950 139
Chapter X Recommendations and Modalities for their Implementation 144
Note of Dissent by Member - Secretary 156
Note on Dissent Note (written by Member Dr T Mahmood and 169
endorsed by Chairman & other two members)
Appendices
1. Texts of the Government Resolutions and Notifications 173
2. List of Workshops sponsored by the Commission 180
3. List of Studies sponsored by the Commission 181
4. Names of the States/UTs visited by the Commission 182
5. Contents of Volume II 183
6. Sex Ratio of Population: 1991 and 2001 and 0-6 years: 2001 184
7. Schedule of Socio-economic Parameters 185

Introduction
1
Chapter 1
INTRODUCTION
The Commission and its Task
On 29th October 2004 the Government of India
resolved to constitute a National Commission
consisting of (i) a Chairman, (ii) three Members
– one of them being an Expert in Constitution
and Law – and (iii) a Member-Secretary with
administrative experience, to be entrusted with
the following Terms of Reference:
(a) to suggest criteria for identification of
socially and economically backward
sections among religious and linguistic
minorities;
(b) to recommend measures for welfare of
socially and economically backward
sections among religious and linguistic
minorities, including reservation in
education and government employment;
and
(c) to suggest the necessary constitutional,
legal and administrative modalities
required for the implementation of its
recommendations.
The Commission was asked to present a report
on its deliberations and recommendations,
within a period of six months from the date of
assumption of charge by the Chairman.
2. The actual composition of the Commission
was notified nearly five months later, in March
2005, by the Union Ministry of Social Justice
and Empowerment.
3. On 21 March 2005 the following took charge
as Chairman and Members of the Commission:
(a) Justice Ranganath Misra: Former Chief Justice
of India & Ex-Chairman, National Human
Rights Commission ……. (Chairman)
(b) Professor Dr. Tahir Mahmood: Former
Chairman, National Commission for
Minorities & Ex-Dean, Faculty of Law, Delhi
University
(c) Dr. Anil Wilson: Principal, St Stephen’s
College, Delhi
(d) Dr. Mohinder Singh: Director, National
Institute of Punjab Studies, Delhi
4. The Commission held its first meeting on
the same date with Dr. Sundeep Khanna,
Additional Secretary in the Union Ministry of
Social Justice and Empowerment, as its Acting
Secretary. At this meeting the Commission
assumed for itself the abbreviation NCRLM
– National Commission for Religious and
Linguistic Minorities – and charted out its
future programme of action.
5. The Commission was allotted an office at
the Jawaharlal Nehru Stadium in Delhi and
sanctioned a secretariat of 40 posts in various
cadres (later increased to 44), which were
gradually filled in the coming months.
6. Mrs. Asha Das, a former Secretary to
Government of India, was later appointed as
the Member-Secretary of the Commission
and assumed charge of her office on
10 May, 2005.
7. After nearly five months of its work the
Commission’s Terms of Reference were modified
so as to add the following to its original Terms of
Reference:
To give its recommendations on the issues raised
in WPs 180/04 and 94/05 filed in the Supreme
Report of the National Commission for Religious and Linguistic Minorities
2
Court and in certain High Courts relating to
para 3 of the Constitution (Scheduled Castes)
Order 1950 in the context of ceiling of 50
percent on reservations as also the modalities
of inclusion in the list of Scheduled Castes.
8. In view of the extensive work required
to be done by the Commission to answer
its various Terms of Reference, original and
extended, its tenure was periodically extended
– finally up to 15th May, 2007.
Procedure Adopted
1. As the Commission was authorised by the
Government to adopt its own procedure, it
was decided to gradually follow an action
programme comprising of the following:
(a) assessments of data available though Census
Reports, NSSO survey reports and NFHS and
other special agencies.
(b) obtaining people’s views and public opinion
on each of its Terms of Reference through a
multi-lingual press notification;
(c) collecting necessary information,
through personal meetings and
questionnaires, from the Ministries
and Departments of the Union Government
and from the Governments of the States and
Union Territories;
(d) meeting representatives of and
collecting relevant information from
the central and state-level governmen-
-tal and parastatal commissions,
corporations, federations, boards and
organisations, etc. especially working
for the minorities like the central and
state Minorities Commissions, National
Minorities Development and Finance
Corporation and its state channelising
agencies, Central Wakf Council and state
Wakf Boards, etc.
(e) collecting necessary information
from major outfits, organisations,
associations and institutions of each
of the minority communities;
(f ) having discussions with and collecting
relevant information from public
sector undertakings, financial institutions,
major banks and select NGOs;
(g) visiting the States and Union Territories
to interact with members and officers
of the local governments and of the
local minority community leaders and
representatives;
(h) inviting researchers, subject experts,
academics, and representatives and
spokespersons of various minorities, etc –
individually and in groups – for a discussion
of issues relevant the Commission’s work;
(i) examining the old and recent reports
of bodies and panels like Kaka Kelkar
Commission, Mandal Commission,
Backward Classes Commission, Gopal Singh
Panel, etc.;
(j) sponsoring seminars, symposia and
workshops on the issues involved to be
organised by outside institutions with a wide
participation of subject experts, academics,
researchers and field workers; and
(k) procuring special studies of select topics
relevant to the Commission’s work by
assigning these to individual experts and
researchers.
2. Texts of the Government Resolution and
Notifications relating to the Commission and its
Terms of Reference are appended to this Volume
of the Report (Appendix-1.1-1.5).
3. A list of Workshops and Studies sponsored
by the Commission, names of the States/
UTs visited, copy of Press release seeking
views of NGOs and members of public on
the Terms of Reference of the Commission
and the contents of Volume II are
appended to this Volume of the Report
(Appendix-2-5).
4. Text of major notifications and
questionnaires issued by the Commission in
respect of its work, summary of reports on
State visits and the findings and
recommendations of studies and workshops
sponsored by the Commission are being
included in Vol. II of the report.
Constitutional and Legislative Provisions Regarding the Minorities
3
Chapter 2
CONSTITUTIONAL AND LEGISLATIVE PROVISIONS
REGARDING THE MINORITIES
Who are the Minorities?
1. The Constitution of India uses the word
‘minority’ or its plural form in some Articles – 29
to 30 and 350A to 350 B – but does not define it
anywhere. Article 29 has the word “minorities”
in its marginal heading but speaks of “any
sections of citizens…. having a distinct
language, script or culture.” This may be
a whole community generally seen as
a minority or a group within a majority
community. Article30 speaks specifically
of two categories of minorities – religious
and linguistic. The remaining two Articles
– 350A and 350B relate to linguistic
minorities only.
2. In common parlance, the expression
“minority” means a group comprising less
than half of the population and differing
from others, especially the predominant
section, in race, religion, traditions and
culture, language, etc. The Oxford Dictionary
defines ‘Minority’ as a smaller number or
part; a number or part representing less
than half of the whole; a relatively small
group of people, differing from others in
race, religion, language or political
persuasion”. A special Sub-Committee on
the Protection of Minority Rights appointed
by the United Nations Human Rights
Commission in 1946 defined the ‘minority’ as
those “non-dominant groups in a population
which possess a wish to preserve stable
ethnic, religious and linguistic traditions or
characteristics markedly different from those
of the rest of population.”
3. As regards religious minorities at the
national level in India, all those who profess
a religion other than Hindu are considered
minorities since over 80 percent population
of the country professes Hindu religion. At
the national level, Muslims are the largest
minority. Other minorities are much smaller
in size. Next to the Muslims are the Christians
(2.34 percent) and Sikhs (1.9 percent);
while all the other religious groups are still
smaller. As regards linguistic minorities,
there is no majority at the national level
and the minority status is to be essentially
decided at the State/Union Territory level.
At the State/Union Territory level – which
is quite important in a federal structure like
ours – the Muslims are the majority in the
State of Jammu and Kashmir and the Union
Territory of Lakshadweep. In the States
of Meghalaya, Mizoram and Nagaland,
Christians constitute the majority. Sikhs are
the majority community in the State of
Punjab. No other religious community
among the minorities is a majority in any
other State/UT.
4. The National Commission for Minorities
Act, 1992 says that “Minority for the purpose
of the Act, means a community notified as
such by the Central Government”- Section
2(7). Acting under this provision on 23-10-
1993, the Central Government notified the
Muslim, Christian, Sikh, Buddhist and Parsi
(Zoroastrian) communities to be regarded as
“minorities” for the purpose of this Act.
5. The Supreme Court in TMA Pai Foundation
& Ors vrs State of Karnataka and Ors (2002)
Report of the National Commission for Religious and Linguistic Minorities
4
has held that for the purpose of Article 30 a
minority, whether linguistic or religious, is
determinable with reference to a State and not
by taking into consideration the population
of the country as a whole. Incidentally,
‘Scheduled Castes’ and ‘Scheduled Tribes’ are
also to be identified at the State/UT level. In
terms of Article 341 to 342 of the Constitution,
castes, races or tribes or parts of or groups
within castes, races or tribes are to be notified
as Scheduled Castes or Scheduled Tribes in
relation to the State or Union Territory, as the
case may be.
6. The State Minorities Commission Acts
usually empower the local governments to
notify the minorities e.g. Bihar Minorities
Commission Act, 1991, Section 2(c); Karnataka
Minorities Commission Act 1994, Section
2(d); UP Minorities Commission Act
1994, Section 2(d); West Bengal Minorities
Commission Act 1996, Section 2(c); A.P.
Minorities Commission Act 1998, Section 2(d).
Similar Acts of M.P. (1996) and Delhi (1999),
however, say that Government’s Notification
issued under the NCM Act, 1992 will apply in
this regard – M.P. Act 1996, Section 2(c); Delhi
Act 1999, Section 2(g); Section 2(d). In several
States (e.g. Himachal Pradesh, Jharkhand,
Madhya Pradesh, Maharashtra, U.P. and
Uttarakhand), Jains have been recognised as
a minority. The Jain community approached
the Supreme Court seeking a direction to the
Central Government for a similar recognition
at the national level and their demand was
supported by the National Commission for
Minorities. But the Supreme Court did not
issue the desired direction, leaving it to the
Central Government to decide the issue (Bal
Patil’s case, 2005). In a later ruling, however,
another Bench of the Supreme Court upheld
the UP Law recognising Jains as a minority
(Bal Vidya’s case, 2006).
Rights of Minorities
7. The Universal Declaration of Human Rights
1948 and its two International Covenants of
1966 declare that “all human beings are equal
in dignity and rights” and prohibit all kinds
of discrimination – racial, religious etc. The
UN Declaration against all Forms of Religious
Discrimination and Intolerance 1981 outlaws
all kinds of religion-based discrimination. The
UN Declaration on the Rights of Minorities 1992
enjoins the States to protect the existence and
identity of minorities within their respective
territories and encourage conditions for
promotion of that identity; ensure that persons
belonging to minorities fully and effectively
exercise human rights and fundamental
freedoms with full equality and without any
discrimination; create favourable conditions
to enable minorities to express their
characteristics and develop their culture,
language, religion, traditions and customs;
plan and implement national policy and
programmes with due regard to the legitimate
interests of minorities; etc.
8. In India, Articles 15 and 16 of the
Constitution prohibit the State from making
any discrimination on the grounds only of
religion, race, caste, sex, descent place of birth,
residence or any of them either generally i.e.
every kind of State action in relation to citizens
(Article 15) or in matters relating to employment
or appointment to any office under the State
(Article 16). However, the provisions of these
two Articles do take adequate cognizance of
the fact that there had been a wide disparity in
the social and educational status of different
sections of a largely caste-based, traditionbound
society with large scale poverty and
illiteracy. Obviously, an absolute equality among
all sections of the people regardless of specific
handicaps would have resulted in perpetuation
of those handicaps. There can be equality only
among equals. Equality means relative equality
and not absolute equality. Therefore, the
Constitution permits positive discrimination
in favour of the weak, the disadvantaged and
the backward. It admits discrimination with
reasons but prohibits discrimination without
reason. Discrimination with reasons entails
rational classification having nexus with
constitutionally permissible objects. Article
15 permits the State to make “any special
Constitutional and Legislative Provisions Regarding the Minorities
5
provisions” for women, children, “any socially
and educationally backward class of citizens”
and Scheduled Castes and Scheduled Tribes.
Article 15 has recently been amended by the
Constitution (Ninety-third Amendment) Act,
2005 to empower the State to make special
provisions, by law, for admission of socially
and educationally backward classes of citizens
or Scheduled Castes/Tribes to educational
institutions including private educational
institutions, whether aided or unaided by
the State, other than minority educational
institutions. Article 16, too, has an enabling
provision that permits the State for making
provisions for the reservation in appointments
of posts in favour of “any backward class of
citizens which, in the opinion of the State, is
not adequately represented in the services
under the State”. Notably, while Article 15
speaks of “any socially and educationally
backward class of citizens” and the Scheduled
Castes and Scheduled Tribes without qualifying
backwardness with social and educational
attributes and without a special reference to
Scheduled Castes/Scheduled Tribes, Article16
speaks of “any backward class of citizens”.
9. The words ‘class’ and ‘caste’ are not
synonymous expressions and do not carry
the same meaning. While Articles 15 and 16
empower the State to make special provisions
for backward “classes”, they prohibit
discrimination only on the ground of
‘caste’ or ‘religion’. In other words, positive
discrimination on the ground of caste or
religion coupled with other grounds such
as social and educational backwardness is
constitutionally permissible and, therefore,
under a given circumstance it may be possible
to treat a caste or religious group as a “class”.
Therefore even though Article 15 does
not mention minorities in specific terms,
minorities who are socially and educationally
backward are clearly within the ambit of
the term “ any socially and educationally
backward classes” in Article 15 and ‘any
backward class’ in Article 16. Indeed, the
Central Government and State Governments
have included sections of religious minorities
in the list of backward classes and have
provided for reservation for them. The
Supreme Court in Indira Sawhney & Ors.
Vs. Union of India, has held that an entire
community can be treated as a ‘class’ based
on its social and educational backwardness.
The Court noted that the Government of
Karnataka based on an extensive survey
conducted by them, had identified the entire
Muslim community inhabiting that State
as a backward class and have provided for
reservations for them. The expression ‘backward
classes’ is religion-neutral and not linked
with caste and may well include any caste or
religious community which as a class suffered
from social and educational backwardness.
10. Though economic backwardness is one
of the most important – or, perhaps, the
single most important – reasons responsible
for social and educational backwardness
alone of a class, the Constitution does not
specifically refer to it in Articles 15 and 16. In
Indira Sawheny case, the Supreme Court had
observed–
“It is, therefore, clear that economic
criterion by itself will not identify the
backward classes under Article 16(4). The
economic backwardness of the backward
classes under Article 16(4) has to be on
account of their social and educational
backwardness. Hence, no reservation of
posts in services under the State, based
exclusively on economic criterion, would
be valid under clause(1) of Article 16 of the
Constitution.”
11. It is, however, notable that in the
chapter of the Constitution relating to
Directive Principles of State Policy, Article
46 mandates the State to “promote with
special care the educational and economic
interests of the weaker sections of the
people…… and shall protect them from
social injustice and all forms of exploitation.
This Article refers to Scheduled Castes/
Scheduled Tribes “in particular” but does
not restrict to them the scope of “weaker
sections of the society”.
Report of the National Commission for Religious and Linguistic Minorities
6
12. Article 340 of the Constitution empowered
the President to appoint a Commission “to
investigate the conditions of socially and
educationally backward classes” but did not
make it mandatory.
Other Constitutional Safeguards
13. The other measures of protection and
safeguard provided by the Constitution in
Part III or elsewhere having a bearing on
the status and rights of minorities are:
(i) Freedom of conscience and free profession,
practice and propagation of religion
(article 25)
(ii) Freedom to manage religious affairs
(article 26)
(iii) Freedom as to payment of taxes for
promotion of any particular religion
(article 27)
(iv) Freedom as to attendance at religious
instruction or religious worship in
certain educational institutions (article
28)
(v) Special provision relating to language
spoken by a section of the population of a
State (article 347)
(vi) Language to be used in representations
for redress of grievances (article 350)
(vii) Facilities for instruction in mother
tongue at primary stage (article 350A)
(viii) Special Officer for linguistic minorities
(article 350 B)
Article 29
14. Article 29 and 30 deal with cultural and
educational rights of minorities. Article 29
provides that:
(1) any section of the citizens residing in the
territory of India or any part thereof having
a distinct language, script or culture of its
own shall have the right to conserve the
same, and
(2) no citizen shall be denied admission
into any educational institution
maintained by the State or receiving aid
out of State funds on grounds only of
religion, race, caste, language or any of
them.
15. Unlike article 30, the text of article 29 does
not specifically refer to minorities, though it
is quite obvious that the article is intended to
protect and preserve the cultural and linguistic
identity of the minorities. However, its scope
is not necessarily confined to minorities.
The protection of article 29 is available to
“any section of the citizens residing in the
territory of India” and this may as well include
the majority. However, India is a colourful
conglomeration of numerous races, religions,
sects, languages, scripts, culture and traditions.
The minorities, whether based on religion or
language, are quite understandably keen on
preserving and propagating their religious,
cultural and linguistic identity and heritage.
Article 29 guarantees exactly that. There may
appear to be some overlapping in language
and expressions employed in article 15(1)
and 29(2). However, article 15(1) contains a
general prohibition on discrimination by the
State against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of
them; whereas article 29(2) affords protection
against a particular species of State action,
viz, admission into educational institution
maintained by the State or receiving aid out of
State funds.
Article 30
16. Article 30 is a minority-specific provision
that protects the right of minorities to
establish and administer educational
institutions. It provides that “all minorities,
whether based on religion or language, shall
have the right to establish and administer
educational institutions of their choice”.
Clause (1-A) of the article 30, which was
inserted by the Constitution (Forty-fourth
Amendment) Act, 1978 provides that “in
making any law providing for the compulsory
acquisition of any property of an educational
institution established and administered
by a minority, referred to in clause (1), the
State shall ensure that the amount fixed
by or determined under such law for the
acquisition of such property is such as
would not restrict or abrogate the right
Constitutional and Legislative Provisions Regarding the Minorities
7
guaranteed under that clause”. Article 30
further provides that “the State shall not, in
granting aid to educational institutions,
discriminate against any educational
institution on the ground that it is under
the management of a minority, whether
based on religion and language”.
17. It would be worthwhile to note that
minority educational institutions referred to
in clause(1) of article 30 have been kept out of
the purview of article 15(4) of the Constitution
which empowers the State to make provisions
by law for the advancement of any socially and
educationally backward classes of citizens
or SCs/STs in regard to their admission to
educational institutions (including private
educational institutions), whether aided or
unaided.
18. Articles 29 and 30 have been grouped
together under a common head namely,
“Cultural and Educational Rights”. Together,
they confer four distinct rights on minorities.
These include the right of:
(a) any section of citizens to conserve its own
language, script or culture;
(b) all religious and linguistic minorities to
establish and administer educational
institutions of their choice;
(c) an educational institution against
discrimination by State in the matter of
State aid (on the ground that it is under
the management of religious or linguistic
minority); and
(d) the citizen against denial of admission
to any State-maintained or State-aided
educational institution.
19. Article 29, especially clause (1) thereof,
is more generally worded, whereas article
30 is focused on the right of minorities to
(i) establish and (ii) administer educational
institutions. Notwithstanding the fact that
the right of the minority to establish and
administer educational institutions would
be protected by article 19(1)(g), the framers
of the Constitution incorporated article
30 in the Constitution with the obvious
intention of instilling confidence among
minorities against any legislative or executive
encroachment on their right to establish and
administer educational institutions. In the
absence of such an explicit provision, it might
have been possible for the State to control or
regulate educational institutions, established
by religious or linguistic minorities, by law
enacted under clause(6) of article 19.
Legal Framework for Protection of
Religious Minorities
20. Legislations such as the Protection of
Civil Rights Act, 1955 [formerly known as
Untouchability (Offences) Act, 1955] and the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 have been
enacted by the Central Government to protect
persons belonging to Scheduled Castes
and Scheduled Tribes from untouchability,
discrimination, humiliation, etc. No legislation
of similar nature exists for minorities though
it may be argued that, unlike the latter Act.
viz, the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act 1989, the
former Act, viz, the Protection of Civil Rights
Act, 1955 is applicable across the board to
all cases of untouchability related offences
regardless of religion. Therefore, if a Scheduled
Caste convert to Islam or Christianity (or any
other person) is subjected to untouchability,
the perpetrators of the offences may be
proceeded against under the provisions of
the Act. However, no precise information is
available in regard to the Act being invoked
to protect a person of minority community.
The law enforcing agencies appear to
be harbouring a misconception that the
Protection of Civil Rights Act, 1955 has been
enacted to protect only Scheduled Castes
against enforcement of untouchability related
offences. There is, thus, a case for sensitising
the law enforcement authorities/agencies in
this regard. Having said that, one cannot resist
the impression that the Protection of Civil
Rights Act, 1955 has failed to make much of
an impact due to its tardy implementation
notwithstanding the fact that the offences
under this Act are cognizable and triable
Report of the National Commission for Religious and Linguistic Minorities
8
summarily. The annual report on the
Protection of Civil Rights Act for the year
2003 (latest available) laid on the Table of
each House of Parliament u/s 15A(4) of the
Act reveals that only 12 States and UTs had
registered cases under the Act during that
year. Out of 651 cases so registered, 76.04
percent (495) cases were registered in
Andhra Pradesh alone. The number of cases
registered in nine States/UTs varied from
1 to 17. Only in three States, the number of
cases registered exceeded 20. The report
also reveals that out of 2348 cases (out of
8137 cases including brought/forward cases)
disposed off by Courts during the year, a
measly 13 cases constituting 0.55 percent
ended in conviction. This appears to be a sad
commentary on the state of affairs in regard
to investigation and prosecution. To say
that the practice of untouchability does not
exist in 23 remaining States/UTs would be
belying the truth that is known to the world.
It only denotes pathetic inaction on the part
of law enforcing agencies. The provisions of
the Protection of Civil Rights Act need to be
enforced vigorously with a view to ensuring
that the law serves the purpose it has been
enacted for.
21. With a view to evaluating progress and
development of minorities, monitoring the
working of safeguards provided to them
under the Constitution and laws, etc. the
Central Government had constituted a
non-statutory Minorities Commission in
1978. In 1992, the National Commission
for Minorities was enacted to provide for
constitution of a statutory Commission. The
National Commission for Minorities was set
up under the Act in 1993. The functions of the
Commission include:
(a) evaluating the progress of the development
of minorities under the Union and States;
(b) monitoring the working of the safeguards
provided in the Constitution and in laws
enacted by Parliament and the State
Legislatures;
(c) making recommendations for the
effective implementation of safeguards
for the protection of the interests of
minorities by the Central Government or
the State Governments;
(d) looking into specific complaints regarding
deprivation of rights and safeguards of the
minorities and take up such matters with
the appropriate authorities;
(e) causing studies to be undertaken into
problems arising out of any discrimination
against minorities and recommend
measures for their removal;
(f ) conducting studies, research and analysis
on the issues relating to socio-economic
and educational development of
minorities;
(g) suggesting appropriate measures in
respect of any minority to be undertaken
by the Central Government or the State
Government; and
(h) making periodical or special reports to
the Central Government on any matter
pertaining to minorities and in particular
difficulties confronted by them.
22. A Constitution Amendment Bill, viz.
the Constitution (One Hundred and
Third Amendment) Bill, 2004 has been
introduced so as to add a new article, viz. Article
340A to constitute a National Commission
for Minorities with a constitutional status.
A Bill to repeal the National Commission
for Minorities Act, 1992 has simultaneously
been introduced.
23. In terms of Section 13 of the Act, the Central
Government shall cause the annual report
together with a memorandum of action taken
on the recommendations contained therein,
in so far as they relate to Central Government,
and the reasons for non-acceptance, if any, of
any recommendation……as soon as may be
after the reports are received to be laid before
each House of Parliament.
24. In the absence of a definite time frame for
laying the annual report of the Commission,
there has been considerable delay in tabling
the annual reports of the Commission in the
Parliament. The National Commission on
Constitutional and Legislative Provisions Regarding the Minorities
9
Minorities has submitted twelve (12) annual
reports for the years 1992-93 to 2004-05.
The annual reports for the years 1996-97,
1997-98, 1999-2000, and 2003-04 have been
tabled in the Parliament only recently, some
as recently as in the winter session 2006 of the
Parliament. Therefore, there appear to be a
case for amendment of the Act so as to
provide for a reasonable time frame for the
recommendations to be laid, along with
memorandum of action taken before the
Parliament/State Legislature. It may be
advisable to incorporate a suitable provision
in the Constitution Amendment Bill
laying down definite time frame for laying
the annual reports of the Commission on the
tables of both Houses of Parliament along
with action taken notes.
25. According to the provisions of Clause(9)
of article 338 and 338A, the Union and every
State Government shall consult the National
Commission for Scheduled castes and the
National Commission for Scheduled Tribes
on all major policy matters affecting the
Scheduled Castes and the Scheduled Tribes,
respectively. Such a consultation is mandatory
and can be construed to be an important
constitutional safeguard for Scheduled Castes
and Scheduled Tribes. A corresponding provision
does not exist in the National Commission for
Minorities Act, 1992. In the absence of such a
provision the Government of the day may or
may not consult the National Commission
for Minorities on major policy matters
impacting minorities, depending on
exigencies. Therefore, the National
Commission for Minorities Act, 1992 needs
to be suitably amended with a view to
incorporating in it a provision analogous
to the provision in article 338(9) and
338A(9). This may instill a sense of confidence
amongst minorities about protection of their
interests.
26. While we are on safeguards, it should be
noted that a very important mechanism of
ensuring the welfare of Scheduled Castes is
constitution of a Parliamentary Committee on
Scheduled Castes. The successive Committees
have been doing yeoman’s work towards
safeguarding the interests of Scheduled Castes.
Such a mechanism (of monitoring effective
implementation of the constitutional and
legal provisions safeguarding the interest
of minorities and, also, implementation of
general or specific schemes for the benefit of
minorities by Government and its agencies/
instrumentalities) is expected to be an effective
step for ensuring the welfare of religious
minorities.
27. The National Commission for Minority
Educational Institutions Act, 2004 was enacted
to constitute a Commission charged with
the responsibilities of advising the Central
Government or any State Government on any
matter relating to education of minorities
that may be referred to it, looking into
specific complaints regarding deprivation or
violation of rights of minorities to establish
and administer educational institutions of
their choice, deciding on any dispute relating
to affiliation to a scheduled University
and reporting its findings to the Central
Government for implementation. The Act was
extensively amended in 2006 (Act 18 of 2006),
interalia, empowering the Commission to
enquire suo moto or on a petition presented
to it by any minority educational institution
(or any persons on its behalf ) into complaints
regarding deprivation or violation of rights
of minorities to establish and administer an
educational institution of its choice and any
dispute relating to affiliation to a University
and report its finding to the appropriate
Government for its implementation. The
Act also provides that if any dispute arises
between a minority educational institution
and a University relating to its affiliation to
such University, the decision of the
Commission thereon shall be final.
The Commission discussed the provisions
of the Act as amended and felt the need to
make clear-cut, concrete and positive
recommendations for improving and
streamlining the provision of the Act.
Report of the National Commission for Religious and Linguistic Minorities
10
Linguistic Minorities
28. As already mentioned, the term linguistic
minority or minorities has not been defined.
If the country is taken as a unit, all who speak
a language other than Hindi can be treated
as linguistic minorities but not so if the State
is taken as the unit. Within a State, there may
be minorities who speak a language or
languages other than the language spoken
by the majority in that State. Dialects of a
language spoken in a State may proliferate
the number of minorities. However, as
mentioned earlier, it has been settled in
TMA Pai Vs. Union of India (2002) that a
linguistic minority is determinable with
reference to the State as a unit.
29. Part XVII of the Constitution is devoted
to ‘official language’. Chapter I of Part XVII,
comprising articles 343 and 344 deal with
the official language of the Union. Chapter II
thereof deals with regional languages. Article
345 of the Constitution provides that subject
to the provisions of articles 346 and 347 the
Legislature of a State may by law adopt any one
or more of the languages in the State or Hindi
as language or languages to be used for all or
any of official purposes. Article 347 provides
that on a demand being made in that behalf,
the President may, if he is satisfied that a
substantial proportion of the population of a
State desire the use of any language spoken
by them to be recognised by that State, direct
that such language shall also be officially
recognised throughout that State or any part
thereof for such purpose as he may specify.
Article 347 can, thus, be treated as a specific
measure directed towards linguistic minorities
inhabiting a State facilitating preservation,
and even propagation, of such a language.
Read in conjunction with article 347, article
350 also affords protection to the language
spoken by linguistic minorities. It provides
that every person shall be entitled to submit a
representation for the redress of any grievance
to any officer or authority of the Union or a
State in any of the languages used in the Union
or in the State, as the case may be.
30. Article 350-A of the Constitution contains
a specific measure of protection of linguistic
minorities. It provides that “it shall be the
endeavour of every State and every local
authority within the State to provide adequate
facilities for instruction in the mother-tongue
at the primary stage of education to children
belonging to linguistic minority groups; and
the President may issue such direction to
any State as he considers necessary or proper
for securing the provision of such facility”.
Article 350-A, thus, is an amplification of the
cultural and educational rights guaranteed
under article 29(1) and article 30(1). Under
article 29(1), a linguistic minority has the
fundamental right to conserve its own
language. Article 350-A directs every state
to provide facilities for education at the
primary stage in the language of a linguistic
minority for the children belonging to such a
community. Read with article 45, article 350-
A provides an important policy direction to
the State for preservation of the language of
linguistic minorities. In General Secretary,
Linguistic Minorities Protection Committee
vrs. State of Karnataka, a Government Order
making Kannada a compulsory subject of
study for children belonging to linguistic
minority groups from the first year of primary
education and compelling the primary
schools established by linguistic minorities
to compulsorily introduce it from the first
year of primary education was held to be
violative of article 29(1) and article 30(1) of the
Constitution.
31. Article 350-B provides for appointment of
a Special Officer for linguistic minorities by
the President. It shall be the duty of the Special
Officer to investigate all matters relating to the
safeguards provided for linguistic minorities
under the Constitution and report to the
President upon those matters at such intervals
as the President may direct. All such reports
are required to be laid before each house of
Parliament, and also sent to the Governments
of States concerned. The provisions of article
350-B have to be read in conjunction with the
rights conferred on religious minorities under
Constitutional and Legislative Provisions Regarding the Minorities
11
Chapter III of the Constitution, more specifically
articles 29 and 30.
32. The Commission discussed the
applicability of Protection of Civil Rights Act,
1955 to non-Hindus and agreed that all cases
of untouchability related offences regardless
of religion fall within the purview of the Act.
It was felt that the provisions of Prevention
of Atrocities (SC/ST) Act, 1989 need to be
extended so as to cover OBCs, Minorities or
the socially and economically backwards
to protect them from discrimination and
atrocities by non-backward sections of
society.
33. The Commission discussed the
provisions of Article 29 and 30 and felt that a
comprehensive law is required to protect and
safeguard the rights of minorities mentioned
in these two Articles of the Constitution.
The existing guidelines of Ministry of
Human Resouce Development and National
Commission for Minorities need to be
updated and incorporated in an elaborate
law which will be overriding in so far as
setting up and administration of minority
educational institutions is concerned. The
proposed law should ensure due and proper
implementation of articles 29-30 including
all their clauses in letter and spirit.
Report of the National Commission for Religious and Linguistic Minorities
12
Chapter 3
RELIGIOUS MINORITIES AND THEIR STATUS
Introduction
1. Religion depicts the main socio-cultural
characteristics of a person. Different
communities and people perceive religion
differently. Some people have an established
set of beliefs, rituals and traditional practices
and worship one Supreme Being or deity that
may be their own caste/tribe or village deity.
Other people worship a number of Gods and
Goddesses while some practice and perceive
religion in their own way and belief others
prefer to be atheist. India is a unique country
where some religions like Hinduism, Buddhism,
Jainism and Sikhism have originated and other
religions of foreign origin flourished bringing
‘unity in diversity’.
2. The word ‘minority religion’ has not been
defined anywhere in the Constitution but it
finds mention in various Articles in Part III of
the Constitution.
3. The U.N. Sub-Commission on Prevention
of Discrimination and Protection of Minorities
has defined ‘minority’ as one including only
those non-dominant groups in a population
which possess and wish to preserve stable
ethnic, religious or linguistic traditions or
characteristics markedly different from those
of the population.
4. In exercise of the powers conferred by
Clause (c) of Section 2 of the National
Commission for Minorities Act 1992 (19 of
1992), the Central Government in 1993 notified
the following communities as “the Minority
communities” for the purposes of the said Act,
namely: Muslims, Christians, Sikhs, Buddhists,
and Zoroastrians (Parsis). However, minorities
are not limited to these five religions and
States are free to declare/recognise others. Jains
have been recognised as one of the religious
minorities in nine States.
Socio-economic Characteristics of
Religious Minorities
5. Indian social structure is characterised by
unity as well as diversity. It has had numerous
groups of immigrants from different parts of
Asia and Europe. All the great religions of the
world are represented in this country. People
speak different languages. Diversity is seen
in the patterns of rural-urban settlements,
community life, forms of land tenure, and
agricultural operations and in the mode of
living. Some eke livelihood out of hills and
forests, others out of land and agriculture and
yet a few depend upon marine resources. The
fusion of varying religions, the caste system and
peoples occupational structure are the salient
features of Indian society. Inter-caste relations
at the village level are bound by economic ties,
be it peasant, the leather worker, carpenter,
blacksmith or the servicing communities.
5.1. The demography of minority
communities, their rural-urban distribution,
sex composition, literacy and educational
status, marital status and livelihood patterns
do indicate the lifestyle of the people. Pattern
of landholdings, sources of income and health
status narrate their quality of life. Today, socioeconomic
changes are taking place rapidly
in the country affecting the majority as well
Religious Minorities and their Status
13
minority communities, due to diversification
of economic pursuits, urbanisation,
westernisation of education, inter-caste
marriages etc. The salient features of minority
communities in the country are discussed in
succeeding paragraphs:
Demographic Features of Religious
Minorities: Population Composition
6. According to 2001 census, out of country’s
total population of 10286.07 lakhs, the
religious minorities are 2010.29 lakhs, which is
approximately 18 percent. A large proportion of
them belong to Muslims (13.4 percent), followed
by Christians (2.3 percent), Sikhs (1.9 percent),
Buddhists (0.8 percent) and Zoroastrians
(Parsis) (0.0069 percent). Details are given in
Table 3.1.
6.1 Population of those included in “Others”
category has risen from 14.98 lakhs in 1961
Census to 66.39 lakhs in 2001. Their population
is significant in Jharkhand (35.14 lakhs),
West Bengal (8.95 lakhs), Maharashtra (4.09
lakhs), Madhya Pradesh (4.09 lakhs), Orissa
(3.61 lakhs) and Arunachal Pradesh
(3.37 lakhs). Another salient feature is
that as against proportion of 0.6 percent
population in ‘others’ category in the
country’s population, their proportion in
Arunachal Pradesh is 30.7 percent, which
is highest among all the States, followed by
Jharkhand (13 percent). Thus, it is inferred
from the above that religion-wise break-up
of ‘Other’s category may be culled
out from census data, and people
pursing these religions identified
so that suitable policy initiatives are thought
of for these mini-minority religious sections
of our society.
Religious Composition in Rural and
Urban Areas
7. The 1991 and 2001 data indicate that Muslims
are more urbanised than Hindus and Sikhs. The
proportion of Hindus in rural areas declined
from 84 percent in 1991 to 82.3 percent in 2001
and from 76.4 percent in 1991 to 75.9 percent
in 2001 in urban areas. In contrast, the Muslim
population increased in both rural and urban
areas during the decade. Besides Muslims, a
greater proportion of Christians, Buddhists
and Jains are urban residents. In fact Jains
are the most urbanised as compared to any
other religious minority group. Religion-wise
distribution of minority population is givenin
Table 3.2.
Overall Sex Ratio
7.1. According to the Census 2001, against
the overall sex ratio of 933 for all religions
put together, the sex ratio among Christians at
1,009 females per 1,000 males is the highest. In
contrast, it is the lowest among the Sikhs at 893.
Taking the all-India average, the sex ratio of
931 females per 1000 males is lower among the
Hindus. The sex ratio among Muslims at 936, is
slightly above the national average. However,
Buddhists (953), Jains (940) and others (992)
have improved sex ratio vis a vis all other
religions.
7.2. A comparative analysis of State-wise
overall sex ratio according to Census 1991 and
Census 2001 and Child Sex Ratio (0-6 yrs) 2001
is given in the Appendix-III A. A glance through
the sex ratio for 1991 and 2001 would reveal that
the over all sex ratio has marginally improved.
The sex ratio for all religious communities at
all India level has gone up from 927 in 1991 to
933 in 2001. Similar is the situation for Muslims
which has increased from 930 to 936, Christians
from 994 to 1009 and Sikhs from 888 to 893 and
Table 3.1: Population of Religious
Communities 2001
In lakh Percentage
S.No Total 10286.07 100
1. Hindus 8275.78 80.5
2. Muslims 1381.88 13.4
3. Christians 240.80 2.3
4. Sikhs 192.15 1.9
5. Buddhists 79.55 0.8
6. Jains 42.25 0.4
7. Others 66.39 0.6
8. Religion not
stated
7.27 0.1
Source: Census 2001
Report of the National Commission for Religious and Linguistic Minorities
14
others from 982 to 992. However, the sex ratio
for Hindus has declined from 942 in 1991 to 931
in 2001, Buddhists from 963 to 953 and Jains
from 946 to 940.
7.3. While analyzing the state-wise sex ratio, the
States of Andhra Pradesh, Karnataka, Kerala,
Tamil Nadu, Assam, Manipur have shown an
increasing trend not only at the respective
State level but at the all India average and
also for the individual religious minorities. On
the other hand the States of Rajasthan, Uttar
Pradesh, Arunachal Pradesh, West Bengal,
though lower than all India national average,
yet have shown an increasing trend for all the
religious groups.
7.4. The States of Punjab, Haryana, Arunachal
Pradesh, Chandigarh, Uttar Pradesh, Nagaland,
Delhi and Andaman & Nicobar Islands have
not only shown declining results but also give
lowest sex ratios.
Sex Ratio of Population in 0-6 Age Group
8. As per Census 2001, as against child sex
ratio of 927 for all religions, it was 976 for
‘Others’ and 964 for Christians followed by 942
for Buddhists and 950 for Muslims. However,
child sex ratio was lower among Hindus (925)
followed by Jains (870) and lowest among the
Sikhs (786). The declining child sex ratio in
the age group of 0-6 years in many states and
union territories as brought to fore by the 2000
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
persuasions
0.5 0.4 0.2 0.6 0.8 0.2
Religion not stated 0.0 0.0 0.0 0.1 0.1 0.1
Source: Census 1991 and 2001
Census is a cause of serious concern. In fact, the
child sex ratio has not been above 1000 in any
religious community in the States.
8.1. The Child Sex Ratio (CSR) 2001 of 927 at
all India level has shown a decline when
compared with total sex ratio at 933. The
CSR shows a declining trend for all the
religious minorities except Muslims (950).
The States of Goa, Haryana, Himachal
Pradesh, Maharashtra, Punjab, Assam, Bihar,
Meghalaya, Mizoram, Nagaland, Tripura,
West Bengal have decline sex ratios when
1991 and 2001 are concerned. When sex ratio
is compared with Child Sex Ratio 2001. The
CSR is found to be lowered than the overall
sex ratio. The worst position is shown by the
States of Gujarat, Haryana, Himachal Pradesh,
Maharashtra, Punjab, Rajasthan, Uttaranchal
and Uttar Pradesh.
8.2. The declining sex ratio in the country
baring a few States, and the adverse child sex
ratio in 0-6 age group in most of the States calls
for an in depth study and specific interventions
to stem the downward trend and create an
environment conducive to girl survival and
growth.
Population of 60 Years and above
9. Table 3.3 below gives the religion-wise
data of 60 years and above along with their
percentage:
Religious Minorities and their Status
15
9.1. It is seen from the above that 7.45 percent
of Indian population belongs to 60 years and
above. Jains have maximum proportion of older
persons (9.94 percent) followed by Sikhs (9.77
percent). The proportion of female elderly of
Jains is also maximum (10.69 percent) followed
by Sikhs (10.05 percent). As against this, the
Sikhs have maximum male elderly proportion
(9.53 percent) followed by Jains (9.23 percent).
It has been seen that proportion of Muslims
elderly is lowest (5.75 percent) as against 7.45
percent of total population of the country. The
reasons for low population of older Muslims
and modalities for raising their expectancy
of life need to be found out and corrective
measures taken in this regard.
Age at Marriage
10. As is evident from the details in Table 3.4,
among men who married below the age of
21 years, 51.3 percent were Hindus, nearly
47 percent Muslims, 39 percent Buddhists,
26 percent Jains, 20 percent Christians and
13 percent Sikhs. Similarly, in the case of
females who married below 17 years of age,
the percentage values were 37 percent Hindus,
43.2 percent Muslims, 41.0 percent Buddhists,
approximately 25 percent Jains and 36 percent
‘Others’. The proportion for Christian, and
Sikh Women was 16.4 percent and 17 percent
respectively. Out of this, the proportion of
girl child marriages (i.e. less than 10 years of
age) was three percent of the total marriages
prevalent mainly among Buddhists (2.8
percent), Hindus (2.6 percent) and Muslims
(2.2 percent).
Average Household Size
11. According to a study sponsored by this
Commission through the Centre for Research,
Planning & Action, New Delhi, in January 2006
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 64.0
Source: Census 2001
Report of the National Commission for Religious and Linguistic Minorities
16
Uttar Pradesh and West Bengal), it was found
that the average size of households among
minority communities was 3.40 persons. The
household size was smallest at 2.75 persons
among Parsis while it was highest at 3.50
persons among Muslims. The survey found
that 77.71 percent of the households were
nuclear, 10.4 percent joint families and 12.25
percent single occupant. Muslim households
had the largest share of joint families at 12.47
percent. As against this, the lowest share (4.5
percent) of joint families was found among the
Parsis. Further Parsis also had the largest share
of single occupant families at 21.69 percent.
Thus, it has been observed that:
(a) The Jains, Buddhists, Muslims and
Christians are more urbanised as compared
to Hindus and Sikhs.
(b) Sex ratio among the Christians is more
favourable and lowest among Sikhs.
(c) Parsis, Jains and Sikhs have larger
proportion of population of 60 years and
above. Proportion of elderly Muslims is
lowest at 5.75 percent as against national
average of 7.45 percent.
(d) Among the different religious communities
the highest proportion of girl child
marriage was found among Buddhists
and Muslims.
(e) Average size of households amongst
minorities was 3.40 persons – smallest at
2.75 persons was among Parsis and the
highest at 3.50 among Muslims.
Educational Status of Religious
Minorities
12. Education is one of the significant social
indicators having bearing on the achievement
in the growth of an individual as well as
community. This is perceived to be highly
suitable for providing employment and
thereby improving the quality of life, the level
of human well being and the access to basic
social services.
Literacy Rate
12.1. Status of literacy among different
communities and caste is given in Table 3.5.
12.2. Literacy rate among the Jains is the
highest at 94.1 percent, followed by Christians
(80.3 percent) and Buddhists (72.7 percent).
Hindus (65.1 percent) and Sikhs (69.4 percent)
have a marginally higher literacy rate than the
national average of 64.8 percent. The lowest
literacy has been recorded at 47 percent for
‘Other Religions and Persuasions’. Muslims
have a literacy rate (59.1 percent) lower than
the national average literacy rate. Literacy
among Scheduled Castes and Scheduled
Tribes was abysmally low.
12.3. Analysis of literacy rates reveals that
Muslims were better off than Scheduled Castes,
Scheduled Tribes and those pursuing ‘other
religions’ but lagged behind others. The literacy
rate in the Parsi community is 97.9 percent.
This could be due to the fact that education of
Parsi children was emphasised as early as the
late 19th century. The Jain population has also
returned very high national literacy rate of 94.1
percent and is one of the most literate religious
community.
Gender Gap in Literacy
12.4. Both males and females among the Jain
population have very high literacy rate of 97.4
percent and 90.6 percent respectively at the
national level followed by Christians at 84.4
Table 3.5: Literacy Rate among Religious
Communities, Scheduled Castes and
Scheduled Tribes
(in percent)
Community/Caste Male Female Total
India 75.3 53.7 64.8
Hindu 76.2 53.2 65.1
Muslim 67.6 50.1 59.1
Christian 84.4 76.2 80.3
Sikh 75.2 63.1 69.4
Buddhist 83.1 61.7 72.7
Jain 97.4 90.6 94.1
Others 60.8 33.2 47.0
Scheduled
Castes
66.64 41.9 54.7
Scheduled
Tribes
59.17 34.76 47.1
Source: Census 2001
Religious Minorities and their Status
17
percent for males and 76.2 percent for females.
Thus, the gender gap in male-female literacy
for these two religions is less than 10. Among
the six major religions at the national level,
the maximum gap between male and female
literacy is among Hindus (23 percent) followed
by Buddhists (21.4 percent) and Muslims (17.5
percent points).
12.5. There exists an interesting relationship
between female literacy and proportion
of child population in the 0-6 years age
group. Generally, it has been argued that in
developing countries high female literacy rate
usually has a dampening effect on fertility rate
other factors being constant. Thus, there is a
negative relationship between female literacy
and fertility. This indicates that irrespective of
religious affiliations, creation of a conducive
environment and promotion of education
facilities leading to improved female literacy
might bring down fertility rate. Among Jains
high female literacy rate and lowest proportion
of child population (0-6 years) and among
Muslims low female literacy rate and higher
proportion of children in the age group (0-6
years) support this contention.
Educational Level
12.6. On analysing the distribution of literates
by educational level, it was found that Jains
(21.47 percent) have the highest proportion
of educated persons among all the religions
among those who have completed graduation
stage. This is followed by Christians (8.71
percent) and Sikhs (6.94 percent). Muslims
have the lowest proportion at 3.6 percent.
Among Hindus, the proportion of those
attaining the educational level of ‘Graduate
and above’ is seven percent, which is more or
less in the same order as the overall proportion
of all religious communities taken together as
per details given in Table 3.6.
12.7. Further, Muslims (65.31 percent) are
better off at primary level of education but their
proportion goes down as we go to secondary
(10.96 percent) and senior secondary (4.53
percent) stages. Though Christians at the
primary level with 45.79 percent are lower than
the national average but levels increases at
secondary (17.48 percent) and senior secondary
(8.70 percent) stages. Other religions follow
almost national average level.
Drop out Rates
12.8. The drop out rate indicates the wastage
of school education and tends to undermine
benefits of increased enrolments. According to
the “Educational Statistics”, published by the
Ministry of Human Resource Development,
during 1999-2000, out of students enrolled
in classes I to V, over 40 percent dropped out.
Similarly, out of students enrolled in classes I to
VIII over 55 percent dropped out. The drop out
rate in classes I-X was over 68 percent. Further,
the drop out rate has been higher for girls.
12.9. Chief reasons for dropping out from
schools could be inability of students to cope
up with the studies or lack of interest among
parents in the education of their children or
Table 3.6: Educational Levels among different Communities
Community Upto Primary
Level*
Middle Secondary Senior
Secondary
Diploma Graduation Unclassified
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
Report of the National Commission for Religious and Linguistic Minorities
18
economic considerations, like compulsion to
work for augmenting family income or need
for looking after younger siblings or unfriendly
atmosphere in the schools etc. Among girls in
rural areas, these factors mostly accounted for
the dropouts.
Status of Religious Educational
Institutions
12.10. The education systems of religious
educational institutions like Gurukuls of
Hindus, Madrasas of Muslims, Monasteries
of Buddhists and Seminaries of Christians
vary widely both in its content and purpose.
A comparative study of religious educational
institutions sponsored by this Commission
through the Himalayan Region Study
and Research Institute, New Delhi, in the
States/UTs of Delhi, Haryana, Uttar Pradesh
and Uttaranchal brings out those variations
clearly as per details given in the Table 3.7.
12.11. As is seen from the above Table, by and
large all religious educational institutions
impart education from the primary to the
higher levels. However all of them concentrate
on religious education. Thus, the religious
educational, institutions to a large extent
provide religious knowledge and basic
education but do not enable them to compete
for admission to institutions of higher
learning/professional courses and competitive
examinations.
Health Status of Religious Minorities
13. Health is one of the most important inputs
for human development. Improvement in
the health and nutritional status of people
is therefore, important consideration
for determining the health standard of a
community. Different indicators which
determine the health status of different religious
communities are discussed below:
Infant and Child Mortality Rate
13.1. Based on NFHS II Report, Table 3.8 indicates
infant and child mortality rates among different
communities:
Table 3.7: Status of Education in Religious Educational Institutions
Madrasas Gurukuls Seminaries Monasteries
Curriculum adopted
(Subjects taught)
Mixed syllabus
Generally
concentrate on
religious education
Teach both religious
and modern subjects
Inter disciplinary
subjects giving
more emphasis on
theological subjects
Provide monastic
education (Buddhist
Philosophy) with
additional subjects like
English, Mathematics
and Hindi.
Level of Education Varies from matric
level to postgraduation
level
Varies from Senior
Secondary level to
post-graduation level
Post-graduation level
Affiliation of
the educational
institutions
Majority not
affiliated
Mostly affiliated Mostly affiliated Not affiliated
Pattern of school Separate for boys
and girls
Separate for boys
and girls
Co-educational Separate for boys and
girls
Source: Study report on the Role of Religious Educational Institutions in the Socio-Economic Development of the Community by Himalayan Region
Study and Research Institute, 2007
Table 3.8: Infant and Child Mortality Rate
among different Communities and Castes
(in percent)
Community/Caste Infant
mortality
rate
Child
mortality
rate
Hindu 77.1 32.4
Muslim 58.8 25.4
Christian 49.2 19.7
Sikh 53.3 12.3
Jain (46.7) (11.3)
Buddhist/Neo-Buddhist 53.6 14.1
No religion (77.6) (77.2)
Scheduled castes 83.0 39.5
Scheduled tribes 84.2 46.3
Other Backward Class 76.0 29.3
Source: NFHS-II 1998-99, National Report
Note: Figures given in brackets ( ) are based on 250-499 children
surviving to the beginning of the age interval
Religious Minorities and their Status
19
13.2. As may be seen from Table 3.8, infant
and child mortality rates among Hindus are
much higher than Muslims, Christians, Sikhs,
Jains, and Buddhists. However, the infant
and child mortality rate are higher among
Scheduled Castes and Scheduled Tribes.
Among minorities infant and child mortality
rates of other minorities are lower than
Muslims. Mortality rate differentials among
different religious communities or Scheduled
Castes and Scheduled Tribes may be due to
factors other than religion alone e.g. urban or
rural residence or economic conditions of the
family or availability of health facilities and
access to them.
Nutritional Status of Women
13.3. Based on NFHS-II Report, nutritional
status of women among different communities
is indicated in Table 3.9.
13.4. The cut off point for height, below which
a woman can be identified as nutritionally
at risk, varies among populations, but it
is usually considered to be in the range of
140–150 centimeters. As may be seen from
the above Christian, Sikh and Jain women
are taller, on average, than women in any
other group. The percentage of women who
are below 145 centimeters in height varies
from 3.9 percent for Sikhs and 7.6 percent
for Jains to 24 percent for women belonging
to no religion category. Among Scheduled
Caste and Scheduled Tribe women below 145
centimeters in height are 17 percent and 13.5
percent respectively. Based on these criteria,
nutritional status of women belonging
to Sikhs and Jain communities is better
than women belonging to other religious
communities, Scheduled Castes, Scheduled
Tribes and Other Backward Classes.
Nutritional Status of Children
13.5. Nutritional status of children belonging
to different religious communities, Scheduled
Castes and Scheduled Tribes is given in the
Table 3.10.
13.6. As may be seen from the Table 3.10,
Scheduled Tribes, Scheduled Castes, Other
Backward Classes, Hindu and Muslim children
appear to be undernourished. As against this
Jain, Sikh, Buddhist and Christian children are
better nourished.
Antenatal Check-ups
13.7. Based on NFHS Report of 1998-99,
status of ante-natal check-up among different
communities/castes is given in Table 3.11.
13.8. As may be seen from the table more
than one-third of women among Scheduled
Tribes, Scheduled Castes, Muslims, no religion
category, Other Backward Classes and Hindus
have not gone for antenatal checkups. Further
facility of doctors has been availed of by all
the communities and castes but largely by
Jains, Buddhists and Christians. As against
this, facility of other health professional and
traditional birth attendants has been availed
Table 3.9: Nutritional Status of
Women among different Religious
Communities and Castes
Community/
Caste
Height Weight for height
Mean
height
(cm)
Percentage
below
145 cm
Mean
Body
Mass
Index
(BMI)
Percentage
with
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-
Buddhist
149.9 17.3 20.4 33.3
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
Classes
151.0 13.5 20.2 35.8
Source: NHFS-II 1998-99 report
Report of the National Commission for Religious and Linguistic Minorities
20
Table 3.11: Status of Antenatal Check-ups among different Communities and Castes
(in percent)
Antenatal
check up only
at home from
health worker
Antenatal check-up outside home
from:
No
antenatal
check up
Missing
Total
Doctor Other
health
professional
Traditional
birth
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 0.6 100
Source: NFHS-II 1998-99, National Report
Table 3.10: Nutritional Status of Children of different Religious Communities
Community/Caste Weight-for-age Height-for-age Weight-for-height
Percentage
below –3
SD*
Percentage
below –2
SD1
Percentage
below –3
SD
Percentage
below –2
SD1
Percentage
below –3
SD
Percentage
below –2
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
Classes
18.3 47.3 23.1 44.8 3.4 16.6
Source: NFHS – II, 1998-99, National Report
*SD= Standard Deviation
1Includes children who are below –3 SD from the International Reference Population median
of by all communities and castes, though by a
small percentage of population.
Place of Delivery
13.9. Table 3.12 indicates the status of place of
delivery among different communities:
13.10 . As may be seen from the Table 3.12,
among Hindus, Muslims, Sikhs, no religion
category, Scheduled Caste, Scheduled Tribes
and Other Backward Classes, more than
50 percent deliveries took place at home.
Against this, among Christians and Jains most
deliveries took place at Health Facility Centres
comprising both government hospitals and
private institution. Large number of deliveries
in private institutions may be due to the better
economic conditions of these communities or
because of their being urban based. Among
those who remained at home for delivery
without the care of medical personnel,
proportion of Scheduled Tribes, no religion
Category, Scheduled Castes, Muslims, Hindus
and Other Backward Classes was more.
Religious Minorities and their Status
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 Report
Child Immunisation
13.11. Table 3.13 indicates the status of
child-hood vaccination among different
communities and castes.
Table 3.13: Status of Childhood Vaccination
among different Communities, Scheduled
Castes and Scheduled Tribes
Community/
Caste
BCG Polio Measles None
Hindu 72.5 13.1 51.5 13.3
Muslim 62.3 9.9 40.4 21.0
Christian 84.0 32.1 66.2 11.0
Sikh 86.4 14.0 75.7 11.1
Buddhist/Neo-
Buddhist
94.6 15.6 77.3 1.1
Scheduled
Castes
69.6 11.7 47.6 15.1
Scheduled Tribes 60.0 4.5 34.3 24.2
Other Backward
Classes
71.6 18.7 50.7 11.6
Source: NFHS-II 1998-99, National Report
13.12. As may be seen from the Table 3.13, BCG
vaccination has received good response from
all communities and castes. As regards polio,
Scheduled Tribes and Muslims have been
lagging behind than others. The vaccination
for measles has been widely accepted by
Buddhists, Sikhs, Christian and Hindus as
compared to other communities and castes.
Among those who have not accepted any of
the immunisation programme, proportion
of Scheduled Tribes and Muslim is high. This
may be due to illiteracy or lack of awareness.
Use of Contraceptives
13.13. Based on NFHS – II Survey, 1998-99,
Status of Contraceptives among different
Communities and Castes is given in the
Table 3.14.
Table 3.14: Use of Contraceptives by
different Communities, Scheduled Castes,
Scheduled Tribes and other Backward
Classes
Community/
Caste
Any
method
Female
sterilisation
Male
sterilisation
Hindu 49.2 36.2 2.1
Muslim 37.0 19.6 0.8
Christian 52.4 36.5 2.1
Sikh 65.2 30.2 1.6
Jain 65.1 42.3 1.4
Buddhist/ Neo-
Buddhist
64.7 52.5 5.0
No religion 30.1 16.7 0.0
Scheduled
Castes
44.6 34.4 1.9
Scheduled Tribes 39.1 28.8 3.1
Other Backward
Classes
46.8 37.2 1.6
Source: NFHS-II 1998-99, National Report
Report of the National Commission for Religious and Linguistic Minorities
22
13.14. As may be seen from the Table 3.14, use
of contraceptive is more among Sikhs, Jains,
Buddhists and Christians. As against this use of
contraceptives is least among Muslims followed
by no religion category, Scheduled Tribes,
Scheduled Castes, Other Backward Classes and
Hindus. Further, male sterilisation is adopted
by very few among all communities and castes.
However, male as well as female sterilisation
is lowest among no religion category and
Muslims. As against this, female sterilisation is
highest among Buddhists.
Fertility Rate
13.15. The Total Fertility Rate (TFR), and the
mean number of children ever born to women
of age 40–49 by religious community are given
in the Table 3.15.
between 2.26 percent among Sikhs to 2.83
percent among Other Backward Classes.
Similarly, average number of children ever
born to married women of 40-49 years are
highest among Muslims (5.72) followed by
Scheduled Castes (4.85), Scheduled Tribes
(4.74), Other Backward Classes (4.43), Hindus
(4.34), and Buddhists (4.25) with lowest figure
of 3.32 among Jains.
13.17. Summing up, the nutritional status and
antenatal care is relatively better among Jains,
Sikhs and Christians. Use of contraceptives
is comparatively less among the Muslims,
Scheduled Castes, and Scheduled Tribes. While
Total Fertility Rate has been found to be more
among the Muslims, Scheduled Castes, and
Scheduled Tribes the use of contraceptive is
low among them. There is an urgent need to
pay greater attention to immunisation
of children among Scheduled Tribes and
Muslims.
Housing and Related Amenities
14. Housing is a basic necessity as well as an
important economic activity. According to
the Tenth Five Year Plan document, around
90 percent of housing shortage pertains to the
weaker sections. The need for the increase in
the supply of affordable housing to the
economically weaker sections and those
belonging to the low income category
is emphasised through a programme of
allocation of land, extension of funding
assistance and provision of support services.
The existing position of housing and related
amenities among different communities is as
under:
Availability of Type of House (i.e. Kutcha,
Semi Pucca, or Pucca House)
14.1. Table 3.16(A) and 3.16(B) below indicates
the status of different types of houses among
religious communities
14.2. According to a study conducted by the
Centre for Research, Planning & Action, New
Delhi, in January 2006 in five states (Maharashtra,
Punjab, Tamil Nadu, Uttar Pradesh and West
Table 3.15: Total Fertility Rate among
different Communities Scheduled Castes,
Scheduled Tribes etc.
Community/
Caste
Total Fertility
Rate
Mean number of
children ever born
to ever married
women age 40–49
years
Hindu 2.78 4.34
Muslim 3.59 5.72
Christian 2.44 3.47
Sikh 2.26 3.59
Jain 1.90 3.32
Buddhist/Neo-
Buddhist
2.13 4.05
No religion 3.91 (5.62)
Scheduled
Castes
3.15 4.85
Scheduled
Tribes
3.06 4.74
Other Backward
Classes
2.83 4.43
Source: NFHS-II 1998-99, National Report
13.16. As is evident from the data in Table
3.15, total fertility rate is very high, among no
religion category (3.91 percent), Muslims (3.59
percent), Scheduled Castes (3.15 percent) and
Scheduled Tribes (3.06 percent). Total fertility
rate is lowest among Jains (1.9 percent). In
other Communities, total fertility rate ranges
Religious Minorities and their Status
23
Bengal), only 34.63 percent of respondents had
pucca houses. Further, the availability of pucca
house varies from states to state ranging from
3.3 percent in West Bengal to 56.93 percent in
Maharashtra.
14.3. This may be seen from the Table 3.16B,
while 90.58 percent Parsis followed by 53.05
percent Buddhists were living in pucca
houses, share of pucca houses was lowest
among Muslims with 23.76 percent followed
by Christians with 27.26 percent. Similarly,
42.71 percent of the respondent families
lived in semi-pucca houses and 22.31
percent in kutcha houses. The percentage
of households living in kutcha houses was
highest among Muslims with 34.63 percent
followed by Christians with 22.58 percent.
Very few Sikhs, Buddhists and Parsis lived in
kutcha houses, which indicates their better
economic status vis-à-vis Muslims and
Christians.
Ownership of Houses
14.4. It is true that ownership of a house
empowers a person and enhances his status
socially. Table 3.17 indicates the status
of ownership of houses among different
communities in five States of Maharashtra,
Punjab, Tamil Nadu, Uttar Pradesh and West
Bengal and Scheduled Castes and Scheduled
Tribes on all India basis.
14.5. As may be seen from the Table 3.17,
52.71 percent of respondents belonging to
different communities in these five States
lived in own houses and 36.10 percent in
rented houses. The ratio of those living in
rented houses was highest among Muslims
(43.74 percent) followed by Christians (33.91)
percent and Sikhs (33.29 percent). Ownership
of houses was highest among Parsis (75.13)
percent followed by Sikhs (65.89 percent). A
few had other arrangements, such as living
with relatives etc. As against this, Scheduled
Castes and Scheduled Tribes with more than
90 percent owning houses fare better on
Table 3.16(A): Distribution of different Type
of Houses State-wise
(in percent)
State Kutcha Semipucca Pucca
Maharashtra 7.68 34.88 56.93
Punjab 6.79 50.8 42.22
Uttar Pradesh 21.54 29.22 48.89
Tamil Nadu 13.75 66.71 19.25
West Bengal 58.96 37.34 3.3
All 22.31 42.71 34.63
Source: ‘Socio-economic status of Minorities”, survey conducted by
the Centre for Research Planning & Action, New Delhi, in the States of
Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh and West Bengal in 2006
Table 3.16(B): Distribution of different Type
among different Communities
(in percent)
Community Kutcha Semipucca Pucca
Muslim 34.63 41.2 23.76
Christian 22.58 49.67 27.26
Sikhs 6.68 53.34 39.97
Buddhist 3.94 43.01 53.05
Parsis 2.38 7.04 90.58
All 22.31 42.71 34.63
Source: ‘Socio-economic status of Minorities”, survey conducted by the
Centre for Research Planning & Action, New Delhi, in the States of
Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh and West Bengal in
2006 Table 3.17: Ownership of Houses by
different Communities and Scheduled Caste
and Scheduled Tribes
(in percent)
Community/Caste Owned Rented
Muslim 45.03 43.74
Christian 51.64 33.91
Sikhs 65.89 33.29
Buddhist 45.52 23.3
Parsis 75.13 19.05
All 52.71 36.10
Scheduled Castes* 90.4 6.5
Scheduled Tribes* 90.7 6.0
Source: Socio-economic status of Minorities”, Survey conducted by the
Centre for Research Planning & Action, New Delhi, 2006 in the States
of Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal
and *Census 2001
an all India basis compared to the religious
minorities.
Source of Lighting in the Houses
14.6. Table 3.18 indicates the source of lighting
in the houses among different communities
in five States of Maharashtra, Punjab, Tamil
Report of the National Commission for Religious and Linguistic Minorities
24
Nadu, Uttar Pradesh and West Bengal and
Scheduled Castes and Scheduled Tribes on
all India basis.
14.7. Since all households contacted in the
survey in five States were in urban areas, 83.72
percent were observed to have electricity.
This ratio was highest with 99.21 percent
among Parsis and lowest with 78.78 percent
among Muslims. A large percentage of religious
minorities had electricity as compared to
Scheduled Castes and Scheduled Tribes. As
many as 62 percent Scheduled Tribes and
55 percent Scheduled Castes depended on
Kerosene.
Water Supply in Houses
14.8. Table 3.19 reveals the status of water supply
in the houses among different communities in
five sample States and Scheduled Castes and
Scheduled Tribes on all India basis.
14.9. The safe drinking water supply within
the premises is one of the basic needs of the
people. It is seen from Table 3.19, that more
than 75 percent Parsis, Christians, Muslims and
Sikhs had source of drinking water within or
near their house. The share of Buddhist
households with water supply within or near
the house was only 67.38 percent. The data
shows that considerable effort needs to be
made to provide water to these communities
at the premises where they live. The share
of Scheduled Castes and Scheduled Tribes
having the source of their drinking water within
their premises is dismal, when compared to
religious minorities.
Availability of Toilets
14.10. According to the Report of the Centre
for Research Planning & Action, 77.97 percent
of households surveyed had a toilet in the
house. The availability of toilets was highest
among Parsis (98.41 percent) followed by
Sikhs (83.77 percent). Interestingly, Muslims
had a higher percentage of households with
toilets (80.33 percent) as compared with
Christians and Buddhists. The condition
of Scheduled Castes and Scheduled Tribes
households is worse compared to religious
communities. 76 percent Scheduled Castes
and 83 percent Scheduled Tribes had no
toilets. Details in this regard are given in the
Table 3.20.
14.11. Analysis of the housing conditions of
Minority Communities reveals that Parsis
lived with better housing facilities followed
by Christians. The Scheduled Castes and
Scheduled Tribes had the satisfaction that
they owned houses and did not depend on
rental accommodation, but they lacked the
Table 3.19: Source of Drinking Water among
different Communities, Scheduled Castes
and Scheduled Tribes
Community/
Caste
Within or
near the
house
Within
100-200 m
(Near
premises)
Beyond
200 m
(Away from
premises)
Muslim 81.06 10.35 7.09
Christian 82.84 8.05 6.90
Sikhs 76.13 7.78 14.87
Buddhist 67.38 22.22 8.60
Parsis 87.04 0.79 5.82
Total 80.40 9.25 8.28
Scheduled
Caste*
27.0 53.5 19.5
Scheduled
Tribe*
15.2 56.6 28.2
Source: Socio-economic status of Minorities” conducted by the Centre
for Research Planning & Action, New Delhi, 2006 in the States of
Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal and
*Census 2001
Table 3.18: Source of Lighting in Houses
State-wise and Community/Caste-wise
(in percent)
Community/Caste Electricity Kerosene
Muslim 78.78 23.29
Christian 82.51 16.75
Sikhs 88.81 15.83
Buddhist 88.89 11.83
Parsis 99.21 0.79
All 83.72 17.75
Scheduled Castes* 44.3 54.7
Scheduled Tribes* 36.5 61.9
Source: Socio-economic status of Minorities” conducted by the Centre
for Research Planning & Action, New Delhi, 2006 in the States of
Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal and
*Census 2001
Religious Minorities and their Status
25
facilities of electricity, piped water supply
and toilets.
Poverty and Employment
Poverty
15. In 1999-2000, a survey was got conducted
by the Government of India for estimation
of levels of poverty among various religious
communities and it was noted, therefore, that
poverty as a phenomenon was more acute in
rural areas than urban areas for all religious
communities except Muslims and Sikhs as
shown in Table 3.21.
Work Participation Rate
15.1. According to Census 2001, work
participation rate (WPR) or percentage of
workers to total population for all religions
is 39.1 percent. However, the group of ‘Other
Religions and Persuasions’ has higher work
participation rate of 48.4 percent followed
by the Buddhist at 40.6 percent, Hindus 40.4
percent and Christians at 39.7 percent. The
lowest work participation rate of 31.3 percent
at the national level is seen for the Muslim
population preceded by Jains at 32.9 percent
and Sikhs at 37.7 percent. Further, work
participation rate of 9.2 percent among Jain
women and 14.1 percent for Muslim women is
the lowest in the country. Table 3.22 indicates
the community-wise status:
Category of Workers
15.2. Table 3.23 indicates the distribution
of workers community-wise among various
categories.
15.3. As is seen from the table 33.1 percent of
Hindus are cultivators followed by 32.4 percent
for Sikhs and 29.2 percent for Christians. Only
one-fifth (20 percent) of the Muslims are
cultivators while among Jains, this is only 11.7
percent, much below the national average of
31.7 percent. The highest percentage of
cultivators is 49.9 percent among the followers
of ‘other religion category.
15.4. Further, at the aggregated level, 26.5
percent of workers are agricultural labourers.
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 48.4
Source: Census of India 2001
Table 3.21: Population of Religious
Communities Living below the Poverty Line
Percent below
poverty line
(Rural)
Percent below
poverty line
(Urban)
Hindus 27.80 21.66
Muslims 27.22 36.92
Christians 19.82 11.84
Sikhs 2.95 10.86
Others 33.05 18.51
Source: NSSO 55th Round, July 1999-june 2000.
Table 3.20: Toilet Facilities in the Houses
among different Communities and Scheduled
Castes and Scheduled Tribes
(in percent)
Community/Caste
Muslim 80.33
Christian 67.49
Sikhs 83.77
Buddhist 64.52
Parsis 98.41
All 77.97
Scheduled castes* 23.7
Scheduled tribes* 17.1
Source: Socio-economic status of Minorities” conducted by the Centre
for Research Planning & Action, New Delhi, 2006 in the States of
Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal and
*Census 2001
Report of the National Commission for Religious and Linguistic Minorities
26
communities reveals that Buddhists with
37.6 percent have maximum workers as
agricultural labourers followed by ‘other
religion category’ with 32.6 percent and
Hindus with 27.6 percent. On the contrary,
the number of agricultural workers among
Muslims is 22.1 percent followed by Sikhs
(16.8 percent) and Christians (15.3 percent).
Only 3.3 percent among Jains are in the
category of agricultural workers and fall
below the national average. To sum up, 82.5
percent of population among the ‘other
religion category’ is engaged in agricultural
activities either as cultivators and/or
agricultural labourers, followed by Hindus
(60.7 percent) and Buddhists (58 percent).
Among Muslims, Sikhs and Jains this is below
50 percent indicating that a majority of them
are engaged in non-agricultural pursuits.
15.5. In the category of household industry
workers, artisan character of Muslims workers
is reflected in the data, where 8.1 percent
Muslim workers are engaged. This is almost
double than the national average of 4.2 percent.
Among Hindus, 3.8 percent workers and
around 3 percent each among Sikh and Jain
workers are in this category. Christian and
Buddhist workers constitute 2.7 percent and
2.9 percent, respectively.
15.6. The Indian economic structure is showing
a shift towards non-agricultural sector. The
category of ‘Others Workers’ includes all those
workers who do not fall under the three distinct
categories above. This includes workers in the
tertiary sector, such as services, manufacturing,
trade & commerce and allied activities. Jains
with 81.7 percent workers are classified as
Other workers followed by 52.8 percent
Christians and 49.1 percent Muslims. Among
Hindus, Other Workers are 35.5 percent. The
business character of Jain workers and the
service sector work of the Christians are evident
in this data set.
15.7. The NSSO in their 61st Round of survey
found that more than half of the workers
in the rural areas were self-employed, the
proportion being the highest among the
Muslim workers both Males (60 percent) and
females (75 percent). In the urban areas also,
the same pattern is observed. The proportion
of regular wage/salaried workers was highest
among Christians in both rural and urban
areas among both males and females. The
proportion of casual labourers was highest
among Hindus for females in both rural (34
percent) and urban (18 percent) areas.
15.8. About 37 percent of Hindu households
were dependent on ‘self-employment in
agriculture’. The corresponding proportion
was 35 percent for the Christians and 26
percent for the Muslims. The proportions of
households depending on ‘self-employment
in non-agriculture’ were 14 percent for the
Hindus, 28 percent for the Muslims and 15
percent for the Christians. In the case of ‘rural
labour’ households, the proportions varied
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 14.3
Source: Census of India 2001
Religious Minorities and their Status
27
from 32 percent (Muslims) to 37 percent
(Hindus).
15.9. In urban areas the proportion of Hindu
households depending on ‘self-employment’,
‘regular wage/salary’ and ‘casual labour’
were 36 percent, 43 percent and 12 percent
respectively, whereas the corresponding
shares for the Muslims were 49 percent, 30
percent and 14 percent respectively and for
the Christians 27 percent, 47 percent and 11
percent respectively.
Average Income
15.10 . According to a study conducted by
Centre for Research, Planning & Action,
New Delhi, in January 2006 in five states
(Maharashtra, Punjab, Tamil Nadu, Uttar
Pradesh and West Bengal), average income
per family per month is estimated at Rs. 2,103.
This is the highest at Rs. 3173 in Maharashtra
followed by Rs. 2274 in UP, Rs. 2155 in Punjab,
Rs. 1449 in Tamil Nadu, Rs. 1324 in West
Bengal. By religion, the highest income was
recorded among Parsis at Rs. 3484 per month
followed by Rs. 2478 among Buddhists,
Rs. 2285 among Sikhs, Rs. 1906 among
Christians and Rs. 1832 among Muslims as
shown in the Table 3.24.
Table 3.24: Average Family Income
State-wise and Community-wise
(In Rs.)
State Income Religion Income
Maharashtra 3173.34 Muslim 1832.20
Punjab 2155.39 Christian 1906.50
Uttar Pradesh 2274.60 Sikhs 2285.60
Tamil Nadu 1449.10 Buddhist 2477.90
West Bengal 1324.15 Parsis 3483.80
All 2103.24 All 2103.24
Source: Socio-economic status of Minorities” conducted by the Centre
for Research Planning & Action, New Delhi, 2006 in the States of
Maharashtra, Punjab, Tamil Nadu, Uttar Pradesh. and West Bengal
Dependency Ratio
15.11. Based on Census 2001, Table 3.25 gives
the details of dependency ratio among religious
minorities
15.12. As may be seen from the above, Muslims
have the highest young persons dependency
ratio of 778 and lowest dependency ratio
of 109 which could be one of the possible
reasons for their economic backwardness
as compared with averages for all religious
communities. On the contrary, Jains
have shown lowest young persons
dependency ratio of 390 followed by Christians
with 499.
15.13. Summing up, more Muslim workers
than any other religious community are
involved in household industry work, which
is indicative of their artisan nature. Jains
have the lowest number of workers involved
in agriculture, which is preceded by Muslims,
Christians and Sikhs.
Visits to the States/UTs and Workshops
Sponsored by NCRLM
16. To examine the socio-economic status
and other related issues of minorities, this
Commission visited 28 States and Union
Territories and held discussions with the
political leaders, officials and non-officials,
community leaders, academicians etc. The
Commission also sponsored workshops
on Muslims, Sikhs, Parsis, Buddhists and
Christians to familiarise itself with the
social, economic and educational status
of different minority communities. While
Suggestions/Views of the States/UTs and
Recommendations emerged out of the
workshops have been furnished in Vol. II of
the Report, important points are mentioned
below:
Table 3.25: Dependency Ratio among
different Communities
Community Dependency Ratio
Young Old
All religions 621 131
Hindu 604 133
Muslim 778 109
Christian 499 137
Sikh 526 166
Buddhist 577 146
Jain 390 154
Others 706 118
Source: Situation analysis by IIPS Mumbai in 2006
Report of the National Commission for Religious and Linguistic Minorities
28
Parsis
i. The fertility rate among Parsis is very low
and has affected its population. Reluctance
of many couples to have children, in spite
of being healthy and economically well off
was responsible for a low replenishment
rate to the existing Parsi members which
when compounded with the increased
longevity could hasten the shrinking of the
community.
ii. The socio-economically disadvantaged
groups among Parsis are single woman
often elderly without family support
or any means of income; families on
doles; rural based Parsi families without
land and without able bodied persons,
older couple without children, income/
pension, or households and no earning
member, chasniwallas, (cleaners) in
Agiaries (fire temples) and the nasselsalars
(Pallbearers).
iii. The Parsi mechanism of social control
is regulated by their three-tier system
of traditional community councils viz.
Anzuman at village level, Jangalvasi
Jarthosha Gambhar at regional level and
Parsi Panchayat at national level, which
administer schools, housing projects,
orphanages, advance credits and scholarship
for post matric education in India as well as
for higher studies abroad.
Sikhs
i. Foeticide and declining sex ratios in infants
particularly female child are the major
social problems with the Sikh community.
ii. Sikligar, Banjara, Labana and Ramgarhiah
communities are most backward socially,
educationally and economically among the
Sikhs.
iii. Educationally, the girl child among the
Sikhs lag behind others and she requires
proper, protection and care till they qualify
secondary level of education.
Buddhists
i. Two distinct classes of Buddhists – those
inhibiting in the northern States from Leh to
Arunachal Pradesh who are comparatively
well-off being landowners, and in the rest of
the country largely comprising of converts
after independence.
ii. Buddhists by and large are depending on
agriculture and/or wage employment.
iii. Problem of landlessness among them is
acute and wages paid to them are also quite
low.
iv. Since Buddhists do not have enough capital,
they have not set up industries, business
enterprises, educational institutions or
hospitals.
Christians
i. Christians have higher literacy rate as
compared to other religious minorities as
well as national literacy percentage of 65
percent.
ii. Christians are generally engaged in service
sector except in Nagaland and Meghalaya
where they are engaged in agricultural
related work.
iii. Christians have higher per capita income.
iv. Unemployment in Christian community is
significantly lower than amongst Muslims
and Sikhs.
v. Christians are more concerned about health
and have better infant mortality rate and
child immunisation coverage.
Muslims
i. Muslims are behind other religious
communities in the areas of literacy and
education, industrial promotion and
economic pursuits. They lack technical and
vocational education as well as training in
trades in demand. [Census 2001 and visit to
States]
ii. The Villages, the Tehsils and the Districts
having the concentration of Muslims community
many a time lack entrepreneurial
ventures and market for their products.
iii. The Muslims have not been able to avail
of the facilities of Waqf resources in the
absence of proper management.
iv. The work participation rate among Muslim
women has been found to be low affecting
the quality of their life.
v. Among Muslims those who are known as
Religious Minorities and their Status
29
Faqueer, Seengwala (traditional medicine
practice), Arzals are both economically and
socially backward.
vi. Various artisanal classes such as Weavers
etc. are still languishing due to their old
techniques of spinning and weaving,
thereby they are not able to compete with
artisans of neighbouring countries.
Observations of the Commission
17. According to 1931 and 1941 censuses, the
Parsis and Jews were mainly urban, followed
by Muslims, Christians and Jains. In regard to
education, the Parsis, Jains, Jews and Christians
showed higher percent of literacy in that order
during 1891-1931 period. Thus, it is noticeable
that minority religions, except Muslims, showed
a greater percent of literacy than majority
religions. Among Muslims, they have lower
literacy where they are predominantly located,
except Kerala. In regard to occupational
structure, the minorities, such as, Parsis, Jews
and Jains are comparatively more advanced
than others. Syrian Christians and Moplas
among Muslims in Kerala yield more influence
and power.
18. Based on the data collected and analysed
in the preceding paragraphs, following
observations emerge:
18.1. One fifth of the country’s population
consists of religious minorities.
18.2. Minority communities except Sikhs and
‘other religions’ are more urban based.
18.3. Against the national sex ratio of 933
females for 1000 males, ratio among Christians
(1009) Buddhists (953) and Muslims (936)
is higher. However, sex ratio among Sikhs
(893) is lesser than the national average.
Population of females among Parsis (35, 652)
is higher than males (33, 949) indicating fair
sex ratio.
18.4. Foeticide and declining sex ratios in
infants particularly female child are the major
social problems with the Sikh community.
18.5. Literacy rate among Jains, Christians,
Buddhists and Sikhs is more than the national
average of 64.8. However, it is less among
Muslims (59.1). The female literacy rate is also
very low among Muslims. The literacy rate
among Muslims is better than the Scheduled
Castes and Scheduled Tribes.
18.6. It has been noticed that there has been
sharp decline in the number of students
from primary school stage to secondary level
among Muslims, indicating higher dropout
rate among them. The issue of raising level
of education and arresting drop out rate of
the students after the primary level needs
special focus. An effective workable plan
for providing primary education to all
children irrespective of religion or caste is
necessary.
18.7. Religious communities have their own
religious educational institutions, such as,
Gurukuls by Hindus, Madarsas by Muslims,
Seminaries by Christians and Monasteries by
Buddhists. Some of these institutions impart
normal education, in addition to religious
and traditional education. Through regular
curricula, others give religious education.
These institutions follow their own school
of thought and there is no commonality in
their syllabus and teaching methodology.
While the religious educational institutions
of Christians, Buddhists and Hindus are
limited in number, and are attuned to
training for employment and religious
institution and position. Madarsas are
large in numbers with focus on religious
education through some provide facilities
for normal education at par with other State
educated institutions.
18.8. Extent of child marriages was noticed
more among Buddhists and Muslims among
the religious minorities.
18.9. While Total Fertility Rate has been reported
to be more among Muslims, Scheduled Castes
and Scheduled Tribes, use of contraceptives is
far less among them.
Report of the National Commission for Religious and Linguistic Minorities
30
18.10. The fertility rate among Parsis is very
low and has affected its population. Reluctance
of many couples to have children, in spite of
being healthy and economically well off was
responsible for a low replenishment rate
to the existing Parsi members which when
compounded with the increased longevity
could hasten the shrinking of the community.
18.11. Average household size is bigger among
Muslims, and smaller among Parsis.
18.12. Infant and child mortality rates among
Muslims are highest in so far as Minorities
are concerned but these rank lower than
Scheduled Castes and Scheduled Tribes.
18.13. Housing conditions of minorities
reveal that Parsis lived with better facilities
followed by Christians. The Scheduled Castes
and Scheduled Tribes have the satisfaction of
owning houses. But they lacked the facility of
electricity, piped drinking water supply and
toilets.
18.14. Among Minorities, about one-third
Muslims are living in kutcha houses, which lack
basic facilities like drinking water, toilet etc.
and likewise they live in rented houses.
18.15. National Average of Work Participation
Rate is 39.1 percent and it is higher for
Buddhists (40.6 percent) and Christians
(39.7 percent) and less than national average
for Muslims (31.3 percent) and Sikhs (37.7
percent). Further, as against all female WPR
of 25.6 percent, it is only 20.2 percent for
Sikh females and 14.14 percent for Muslim
women.
18.16. As regards occupational pattern, it
has been observed that while Sikhs are better
placed on national map as cultivators, Muslims
are prominently engaged in Household
Industries. Proportion of Buddhists is
significant among agriculture related
activities. The Christians have returned
themselves as working in non-agricultural
and non-industrial activities, and perhaps,
they are engaged in occupations classified
as other activities. However, Christians
in Nagaland and Meghalaya are
predominantly engaged in agricultural
related work.
18.17. Incidence of poverty is more among
Muslims and Sikhs in urban areas and among
Christians in rural areas.
18.18. Most significant aspect of Minority
population of India is declining population of
Parsis over the years. As against 76,382 persons
in 1991, their population has been returned as
69,601 in 2001 census. Fertility improvement
measures need to be taken into consideration
rather than controls.
18.19. Census of India 2001 in their publication
titled “The First Report on Religion Data” has
brought out data on six religions only, namely,
Hindu, Muslim, Christian, Sikh, Buddhist
and Jain. All other religions and persuasions
have been grouped together in “Others”
category constituting approximately 0.6
percent of total population (66,39,626), details
of which may be published State-wise, so
that developmental project profiles could be
drawn.
Status of Linguistic Minorities
31
Chapter 4
STATUS OF LINGUISTIC MINORITIES
1. In order to enhance the socio-economic
status of the socially and economically
backward amongst the religious and linguistic
minorities and to suggest criteria for
identifying them and propose measures for
their mainstreaming, it is important to know
who the ‘linguistic minorities’ are? Minorities
are generally understood as a group of people
constituting less than half the population
of a given society, who are differentiated by
religion or language and think of themselves
as a distinct group. The term “Linguistic
Minorities” as such has not been defined in
the Constitution or any other law. The term
‘Minority’ has been defined in Section 2 of the
National Commission for Minorities Act with
reference to the religious minorities only.
2. A Special Sub-Committee on the protection
of minority rights appointed by the UN
Human Rights Commission in 1946 defined
the minority as those non-dominant groups in
a population which possess a wish to preserve
stable ethnic, religious and linguistic tradition
or characteristics markedly different from
those of the rest of the population. Francesco
Capotorti in his UN Sub-Commission
Study Report of 1977 defined minority as “a
group numerically inferior to the rest of the
population of a State, in a non-dominant
position, whose members being national of
the State possess ethnic, religious or linguistic
characteristics differing from those of the rest
of the population and show, if only implicitly, a
sense of solidarity directed towards preserving
their culture, traditions, religion or language”.
The Oxford Dictionary defines minority as
“the smaller number or part; a number or
part representing less than half of the whole;
a relatively small group of people, differing
from others in race, religion, language or
political persuasion.” According to the
Supreme Court judgment in DAV College
etc. v/s State of Punjab and others (SCR 688;
AIR 1971 SC 1737 (5th May, 1971)) “a linguistic
minority for the purpose of Article 30(1) is one
which must at least have a separate spoken
language; it is not necessary that the language
should also have distinct script.”
3. Though not specially defined, several
provisions of the Constitution are indicative
of the essential ingredients of minorities.
Article 30 states “all minorities, whether
based on religion or language, shall have the
right to establish and administer educational
institutions of their choice.” The special
characteristics of ‘religious and linguistic’
minorities are further elucidated by Supreme
Court through various judgments. The Hon’ble
Court in the matter of TA Pai Foundation and
Others vs State of Karnataka held as under:
“Linguistic and religious minorities are
covered by the expression “minority”
under Article 30 of the Constitution. Since
reorganisation of the States in India has
been on linguistic lines for the purpose of
determining the minority, the unit will be
the State and not the whole of India. Thus,
religious and linguistic minorities have
been put at par in Article 30 and have to be
considered State-wise”.
Further in Inamdar’s case (AIR 2005 Supreme
Court, 3226) this definition has also been found
to be wanting. The Apex Court has expressed
Report of the National Commission for Religious and Linguistic Minorities
32
*Wikipedia – the free Encyclopedia
the following view:
“….. In this background arises the
complex question of trans-border
operation of Article 30(1). Pai Foundation
has clearly ruled in favour of the State
(or a province) being the unit for the
purpose of deciding minority. By this
declaration of law, certain consequences
follow. First, every community in India
becomes a minority because in one or
the other State of the country it will be
in minority – linguistic or religious. What
would happen if a minority belonging
to a particular State establishes an
educational institution in that State
and administers it but for the benefit
of members belonging to that minority
domiciled in the neighboring State where
that community is in majority? Would it
be a fraud on the Constitution?”
4. From the above, it is seen that the basic
characteristics of minority status are:
numerical inferiority; non-dominant status
and stable features of distinct identity.
Linguistic Demography of India
5. Language is an instrument of culture and
identity. It is a powerful master trait for group
identity. Therefore, language is essential in
the very survival of cultural communities.
Languages are also an important part of
any curriculum. The Constitution of India
recognises 22 major languages which put
together are spoken by a large majority of the
people whereas hundreds of other languages
and dialects are spoken by the people in rural/
tribal areas in the country.
The essence of secularism in India is the
recognition and preservation of the different
types of people, with diverse languages and
different beliefs, and placing them together so
as to form a whole and united India. Articles
29 and 30 seek to preserve the differences that
exist, and at the same time, unite the people to
form one strong nation.
6. Languages spoken in South-Asian Region
belong to at least four major language families:
Indo-European (most of which i.e. 74.24
percent speakers belong to its sub-branch
Indo-Aryan); Dravidian (with 23.86 percent
speakers); Austro-Asiatic (1.16%) and Sino-
Tibetian (0.62%). The Wikipedia∗ figures are
slightly different with : 72 percent Indo-Aryan;
25 percent Dravidian and only 3 percent
people speaking Tibeto-Burman, Austro-
Asiatic and other languages. However, former
figures are generally endorsed by both Census
reports and Ethanologue. Thus, biggest chunk
of languages and mother tongues belong to
Indo-Aryan sub-family of Indo-European
languages. Among the modern Indo-Aryan
languages, Hindi and Bangla happen to be
the most well-known languages. The Western
Hindi is a Midland Indo-Aryan language,
spoken in the Gangetic plain and in the region
immediately to its north and south. Around
it, on three sides are Punjabi, Gujarati and
Rajasthani. The Eastern Hindi is spoken in
Oudh and to its South. In the outer layer,
there are languages such as Kashmiri, Lahnda,
Sindhi, Gujarati, Marathi in the northern and
western regions and Oriya, Maithili, Bengali
and Assamese in the east.
7. While the Indian Constitution does not
define or use the word minor or minority
languages, (although there is a mention of
linguistic minority), as per Census of India
–1961, different categories of languages
documented in the country are listed in
Table 4.1.
As against this, 1990-91 Census lists 216 mother
tongues with a total number of speakers
10,000 or more at all India level, grouped into
114 languages of which 22 mentioned in the
Constitution are called scheduled languages.
The distribution of these languages is at once
diverse, complex and unequal. Consequently,
Status of Linguistic Minorities
33
Table 4.1: Languages/Mother Tongues in the Country
S.No. Description No. of Mother
Tongues
Total No. of Speakers
1. No. of mother tongues returns of the country. 1652 438,936,918
2. No. of mother tongues attested in Linguistic Survey
of India classification
572 436,224,545
3. No. of mother tongues not traced in Linguistic Survey
of India but tentatively classified.
400 426,076
4. No. of mother tongues attested in Linguistic Survey
of India but tentatively reclassified
50 1,908,399
5. No. of mother tongues considered unclassified. 527 62,432
6. Foreign mother tongues 103 315,466
Source: Census - 1961
some States irrespective of their size have
more languages than others. In fact all the
States of India have linguistic minorities
and all languages are minority languages
in some States, of course, of different types
and according to the degrees of their
importance.
8. The Census of 1990-91 has limited itself to
only those languages and/or variants that are
spoken by 10000 or more in India and thus,
has left out many languages and its variants
out of reckoning. There are some languages
that are spoken by small number of speakers
and for them this is the only language they
know. Since, Article 350 A of the Constitution
does not distinguish between the languages
spoken by less than 10000 persons and more
than 10000 persons, the decision of the Census
to retain 10000 speakers as the benchmark
is a deviation from the Constitution. For
example, in Minicoy Island of Lakshdweep,
almost all persons speak Mahal though the
entire population of Minicoy Island is less
than 10000 or so are the number of speakers.
Mahal, though distinct from all other
languages in the region, does not find a
mention in the Census report.
Linguistic Profile of the States and
Union Territories – some Statistics
9. The Indian Union consists of 28 States
and 7 Union Territories with a population of
approximately more than one billion (1028,
610, 320 - Census 2001). Language Census has
been a part of Indian Census and Census 1991
lists 216 mother tongues with a total number
of speakers of 10000 or more at all India level
grouped into 114 languages. The question of
reorganisation of States of the Indian Union
on linguistic basis led to the appointment
of States’ Reorganisation Commission on
29.12.1953. Based on the report of this
Commission, a number of unilingual States
were formed in the year 1956. It seems the
main motivating force behind this scheme
of re-distribution of States’ territories was
the idea of reducing the number of linguistic
minorities by bringing people together who
speak a common language. However, the
reorganisation of States on linguistic basis
could not solve all the problems of linguistic
minorities simply because different States are
basically multi-lingual as is evident from the
Table 4.2.
10. The reorganisation of States as political
and administrative units on linguistic basis
also failed to reduce the conflict between the
majority language speakers and minority
language speakers. In fact, as reflected in the
First Report of the Commissioner for Linguistic
Minorities:
“The division of States on linguistic basis
has given rise to the inevitable result that the
regional language should gain prominence
and should in course of time become the
official language of the State. The other
languages which are the mother-tongue
Report of the National Commission for Religious and Linguistic Minorities
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,
Apatani, Bhoti, Champati
and Nishi
State Government claims that there no language
has been recognised as a minority language.
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)
Status of Linguistic Minorities
35
of the minority communities living in the
State, naturally do not get equal prominence
or status. The result is that those whose
mother-tongue is the minority language
have not only a sentimental grievance
but also certain practical difficulties and
inconveniences from which they suffer”.
11. According to the Census of India – 1961 no
State/UT in India has fewer than 12 mother
tongues. The number of mother tongues in
different States/UT ranges from 12 – 410. Thus,
we find that different States of India might
have been declared uni- or bilingual for political
exigencies or administrative convenience,
but basically each of them is a multilingual
and politically complex entity. Consequently,
even if the State boundaries were drawn
rigidly on the principle of uni- or bilingual
criteria, the problem of linguistic minorities
would remain unsolved.
12. There were 14 languages listed in the
8th Schedule of the Indian Constitution
when the constituent assembly adopted the
Constitution of India on 26th November, 1949.
In 1951, besides the 14 languages recognised
in the Indian Constitution there were also
mentioned 23 major tribal languages and
24 other minority languages in several other
official documents, including the Census.
Each of these languages had over one lakh
speakers. However, in the later Census
documents, the population figure of 10,000
was taken as a bench mark. Since then, there
have been three amendments to the 8th
Schedule during the last 55 years as a result
of which there are 22 languages in the 8th
Schedule. Details of these languages together
with the number of speakers of each of these
languages are given in Table 4.3.
Constitutional Provisions and
Safeguards Promoting Linguistic
Diversity
13. A number of provisions under the
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)
3,174,684 (1981 fig)
N.A. (1991)
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 5.13
Source: Census of India, 1991
* Bodo, Dogri, Maithili and Santhali which were Non-scheduled languages in 1991 were declared Scheduled languages in 2003 by 92nd
Amendment)
Report of the National Commission for Religious and Linguistic Minorities
36
the linguistic minorities. These are:
(1) Art. 345 of the Indian Constitution states
very clearly that “Subject to the provisions
of Articles 346 and 347, the Legislature of a
State may by law adopt any one or more of
the languages in use in the State or Hindi as
the language or languages to be used for all
or any of the official purposes of that State”.
(2) Article 347 is more explicit and states:
“On a demand made in that behalf,
the President may, if he is satisfied
that a substantial proportion of
the population of the State desire
the use of any language spoken by
them to be recognised by that State,
direct that such language shall also
be officially recognised throughout
that State or any part thereof for such
purposes as he may specify.”
14. The right to conserve a minority language
is also provided in the Constitution under
“Cultural and Educational Rights” under
Article 29 and Article 30 which read as under:
Art 29: Protection of interest of minorities:
(1) Any section of the citizens residing in the
territory of India or any part thereof having
a distinct language, script or culture of its
own shall have the right to conserve the
same.
(2) No citizen shall be denied admission into
any educational institution maintained by
the State or receiving aid out of State funds
on grounds only of religion, race, caste,
language or any of them.
(4) Art 30: Right of minorities to establish and
administer educational institutions
(1) All minorities, whether based on
religion or language, shall have the
right to establish and administer
educational institutions of their
choice.
(2) The State shall not, in granting aid to
educational institutions, discriminate
any educational institution on
the ground that it is under the
management of a minority, whether
based on religion or language.
15. Special provisions have also been made
under Articles 350A and 350B to provide smaller
communities educational opportunities in
their mother tongue and to appoint a special
officer for linguistic minorities:
(5) Art 350 A. Facilities for instruction in
mother-tongue at primary stage – “It shall
be the endeavour of every State and of every
local authority within the State to provide
adequate facilities for instruction in the
mother-tongue at the primary stage of
education to children belonging to linguistic
minority groups; and the President may
issue such directions to any State as he
considers necessary or proper for securing
the provision of such facilities.”
(6). Art 350 B. Special Officer for linguistic
minorities – (1) There shall be a Special
Officer for linguistic minorities to be
appointed by the President. (2) It shall be
duty of the Special Officer to investigate
all matters relating to the safeguards
provided for linguistic minorities under this
Constitution and report to the President
upon those matters at such intervals as the
President may direct, and the President
shall cause all such reports to be laid before
each House of Parliament, and sent to the
Governments of the States concerned.
16. These provisions are unique in their
thoroughness and seek to accommodate
the interest of linguistic minorities. When
provisions under Articles 29 and 30 are
considered along with other provisions in
the Chapter of Fundamental Rights and
elsewhere in the Constitution safeguarding
the rights of religious, linguistic and racial
minorities, it becomes clear that the sole
purpose of these provisions is to give
linguistic minorities the right to preserve
and develop their language and to facilitate
teaching in mother tongue to their children
in early ages. But the minority status of the
language in an area does not have a bearing
on the social and economic status of those
who speak the minority language. In fact
every State has speakers of minority languages
though the percentage of speakers varies
Status of Linguistic Minorities
37
greatly from State to State. For example, 30
percent of the population of Tripura speaks
minority languages but in Kerala they
constitute a small percentage. Some States
have no regional/principal language. Thus,
Nagaland and Arunachal Pradesh have a large
number of languages but none of them is in a
position to claim the title of regional/principal
language. Meghalaya has two nearly balanced
languages, Khasi and Garo, along with other
minority languages. The States have usually
declared the majority language as their official
language and a State may have more than one
official language, with each language serving a
specifically designated purpose or being used
in a certain specified region.
17. Based on the multi-lingual profile of
the states, these can be grouped into the
undermentioned five broad categories, from A
to E as is shown in Table 4.4.
The ten States in set ‘A’ namely, Kerala, Punjab,
Gujarat, Haryana, U.P., Rajasthan, H.P., Tamil
Nadu, West Bengal and A.P. have negligible
percentage of minor speech groups in terms
of population, with the majority language
spoken by more than 85 percent inhabitants
of the State. Under set ‘B’ namely M.P., Bihar,
Orissa, Mizoram and Maharashtra, the majority
language groups are over 70 percent of the
total population but one still finds a sizeable
linguistic minority. Set ‘C’ has States namely
Goa, Meghalaya, Tripura and Karnataka that
have been hot beds of the language tensions.
In many cases this is due to the fact that they
have had a dominating linguistic minority
Table 4.4
Set States Major Lang. Minor
1(%)
Minor
(2%)
Others languages (Major + Two Minor)
A.
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)
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)
B.
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)
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)
C.
Goa 51.5 33.4 4.6 10.5 Konkani (Marathi, Kannada)
Meghalaya 49.5 30.9 8.1 11.5 Khasi (Garo, Bengali)
Tripura 68.9 23.5 1.7 5.9 Bengali (Tripuri, Hindi)
Karnataka 66.2 10.0 7.4 16.4 Kannada (Urdu, Telugu)
D.
Sikkim 63.1 8.0 7.3 21.6 Nepali (Bhotia, Lepcha)
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)
E
Arunachal 19.9 9.4 8.2 62.5 Nissi/Dafla (Nepali, Bengali)
Nagaland 14.0 12.6 11.4 52.0 AO (Sema, Konyak)
Source: Census of India, 1991
Report of the National Commission for Religious and Linguistic Minorities
38
group, such as Bengali speakers in Tripura,
Garo speaking in Meghalaya; Telugu speaking
in Karnataka and Marathi community in
Goa. The tension in Karnataka came from
an unexpected quarter- particularly from
the bordering speech community of Marathi
speakers and this as well as many other
tensions later had to do with control over
scratch resources like Cauveri water sharing
dispute with Tamil Nadu or land etc. Meghalaya
had witnessed a similar tension due to largescale
migration of Bengalis, Marwaris, Biharis
and Nepalise. In set ‘D’ States namely Assam,
Sikkim and Manipur, the linguistic tensions
have been quite volatile due to their linguistic
composition as well as their inter group
attitudes. Assam, unlike most of the North-
East, was better integrated with mainstream
India prior to independence; but it has been
segmented number of times and has also
witnessed large scale migration of outsiders.
Manipur has remained volatile and unstable
because of a long border with Myanmar and
also due to ethnic - linguistic tensions, which
may be due to their linguistic composition as
well as inter-group attitudes. Set ‘E’ comprising
States of Arunachal Pradesh and Nagaland is
the most variegated geo-space in India with
numerous tongues.
18. It is obvious from the foregoing that there is
linguistic diversity in the country. Irrespective
of the causes that have contributed to the
presence of linguistic minorities in States, the
fact remains that they have enriched the nation
culturally. However, as mentioned earlier, the
status of the language – minority or majority
– does not determine the social and economic
status of those who speak the language. In
fact migrant settlers belonging to a linguistic
minority are well to do and prosperous eg.
Punjabi speaking migrants to District Udham
Singh Nagar of Uttarakhand; Hindi speaking
Marwari traders of Rajasthan in Assam and
other parts of North-East region, West
Bengal etc; Sindhi businessmen in different
states; Gujarati speaking Bohra Muslims
in Maharashtra and Madhya Pradesh; Sikh
transport operators in non-punjabi speaking
states; Kannada speaking hoteliers in Goa,
Andhra and Tamil Nadu; Hindi and Urdu
speaking people in Andhra Pradesh etc.
Language cuts across social and economic
barriers – people speaking languages enjoying
the status of ‘majority’ or ‘minority’ can be
classified as socially and economically forward
or backward due to their differing levels of
achievements. People speaking the same
language (linguistic minority) can be classified
under different castes, creeds, religions, etc.
For example in U.P. and Haryana where Hindi
is spoken by majority and Urdu and Punjabi
by minorities, the socially and economically
backwards are found among both i.e. in
linguistic majority and linguistic minority.
Their ‘backward’ status is not due to the
language they speak, but is a net result of other
reasons including the environment. Language,
therefore, cannot be an indicator of the social
and economic status of any community.
19. This Commission has been asked to
suggest criterion for identifying the socially
and economically backward classes amongst
the religious and linguistic minorities. As
language cuts across caste, religion, race and
people speaking the same language are found
in every socio-economic group, it cannot
be taken as an indicator for backwardness.
India is a multi-lingual country. It has
many languages and many more mother
tongues. Therefore, linguistic minorities
are a unique feature of this country. As per
the Supreme Court judgment in TMA Pai
Foundation and Others vs. State of Karnataka
(8 (2002) SCC) linguistic minorities have to
be determined Statewise. As the status of
the linguistic minority changes from State to
State, place to place, one family to another,
language cannot determine the social and/
or economic backwardness of the speaker.
Linguistic minority like the linguistic majority
in a State is a comprehensive whole and,
therefore, comprises of people belonging to
each category and strata in the society. It
cuts across the rich and the poor, the socially,
economically and educationally backward
and forward, the Brahmins and the Scheduled
Status of Linguistic Minorities
39
Castes and Scheduled Tribes and people
belonging to all religions. It is, therefore,
difficult to accept language as a criteria for
determining the social and economic status
of individuals or a group.
Issues Regarding Linguistic
Minorities Presented before the
Commission during State Visits
20. However, despite the above and unanimous
view that socially and economically backwards
cannot be identified on the basis of language,
this Commission in the course of its visits to
various States and Union Territories made
a concerted effort to discuss the issues
concerning the linguistic minorities in each
of the State. Details of the issues raised and/
or suggestions made by the States/UTs are
contained in the Summaries of the State Visits
annexed in Volume II of the Report. Briefly,
the issues raised by those representing the
linguistic minorities in the States related to
inadequate facilities for promoting minority
language in the State, vacancies in the schools of
minority language teachers, lack of residential
schools teaching in the language of the
minority community etc. The absence
of translators and typists in the minority
language, delay in the disbursement of salaries
to teachers, lack of government programmes,
lack of books in the minority languages, need
for inclusion of some minority languages in
the 8th Schedule etc., were some of the issues
raised by representatives of linguistic minority
communities across the States.
These issues relate to facilities and
opportunities for development of the
languages and not to the social and economic
status of the linguistic minorities.
Recommendations of Workshop on
Linguistic Minorities held at Central
Institute of Indian Languages,
Mysore on 27 – 28 March, 2006
21. In order to ascertain the views of the
experts from across the country, a Workshop
on Linguistic Minorities was organised at
Mysore by Central Institute of Indian
Languages for the Commission. Various issues
pertaining to the Linguistic Minorities and
minority languages were raised and discussed
in the Workshop. Recommendations of
Workshop are annexed in Volume II of the
Report.
Views of the Commission
22. Unlike scheduled castes, scheduled tribes,
backward classes and religious minorities,
linguistic minorities are not caste or class or
religion based. In fact, a majority community/
group in one State or district or taluka may
become a linguistic minority in another State
or district or taluka in the same or another
State. This is basically due to migration of the
population from one place to the other in search
for a vocation or employment or otherwise.
The persons thus migrating belong to various
castes or communities including scheduled
castes, scheduled tribes, backward classes or
any religious group. Hence it is not possible
to prescribe any criteria based on language
for the identification of backward sections
among linguistic minorities as most of the
backwards among them are already included
as Scheduled Castes, Scheduled Tribes, Other
Backward Classes or religious minorities
in each State. Other linguistic minorities
comprising highly educated, technical or
skilled persons who have migrated for
employment or economic development
or otherwise do not need any concession
required by the backward sections of the
society. Therefore, if the benefits admissible
to the Scheduled Castes, Scheduled Tribes
and backward castes available in a State
are extended to them on their migration to
another State, the problem encountered by
this section of the society on their migration
to other State where they become linguistic
minority will automatically get resolved. In
addition if the safeguards provided by the
Constitution are implemented by the States,
the problems encountered by the linguistic
minorities will be taken care of.
Report of the National Commission for Religious and Linguistic Minorities
40
23. In view of the forgoing, while there is no
justification for making language as the basis to
determine the socio-economic backwardness
of the people, it was felt that in a multi-lingual
society like ours, exclusive adherence to a
minority language, which may be the mothertongue
of a section of population, does affect the
socio-economic and educational development
of that linguistic minority specially in the initial
years. Therefore, steps for enhancing the skills
of the linguistic minorities including learning/
teaching of the majority language need to be
emphasised. Those sections of population
whose mother-tongue is other than regional/
local language remain educationally backward
and need to be given special attention for
enhancing their educational status and
communication skills.
Status of Women among Minorities
41
Chapter 5
Introduction
1. Women in India have made significant
strides during the past six decades entering
every field of education, and taking on the
challenge of various professions. However,
masses of women still remain restricted by the
vicious circles of family expectations, genderrole
discrimination, social stereotypes and
stigma. Women from different socio-economic
strata have a great deal of disparity in their
life-situations. There are also significant
differences in women’s specific status across
regions, caste and class, communities and
religions. Status of women is a composite
of their achievements according to various
indices – economic, educational, social
and political and is also determined by the
developmental status of the area.
2. The Constitution of India not only grants
equality to women but empowers the State
to take special measures for protecting and
advancing their interests in all walks of life
and making necessary legal provisions to this
effect. Accordingly, the State not only took
protective discrimination/ affirmative action
for removing the cumulative disadvantage
of women but also played a pro-active role
in organising women for action. In the last
60 years, the women’s status has received a
lot of attention as reflected in the national
policies, plans, programmes and schemes
resulting in advancement of women in all
fields. Besides, special committees and
commissions on women have been set up
from time to time resulting in policy changes
and setting up of institutional structures for
implementing programmes and schemes.
Further, India is a signatory to all principal
international covenants and conventions such
as the Universal Declaration of Human Rights
(1948) and the UN Declaration of the Rights of
the Child (1959); the UN Convention on the
Elimination of All Forms of Discrimination
against Women (CEDAW) (1979); and the
Convention on the Rights of the Child (1989).
3. The Indian women appear to have come
a long way from an obscurantist past and
complete subordination to a position where
theoretically they are the equals of men
and there is a vast array of laws, policies
and programmes trying to contend with the
cumulative disadvantage of women arising
out of the predominant patriarchal family and
kinship structures, customs, traditions and
beliefs. Yet at the level of reality, the promise
of equality and dignity remains an unfinished
agenda. There are gains in educational
participation and literacy but the gender gaps
are substantial. Women have higher longevity
now but tremendously high MMR and higher
female infant and child mortality persists in
most parts of the country. Millions of girls and
women are missing between each census. The
child sex ratio (females per thousand males )
in the age group 0-6 years, has touched an all
time low and the entire north western region
has turned out to be a major killer of femalesborn
and unborn. Crimes against women are
on the increase with more and more laws but
negligible enforcement. Women are making
a mark in all fields among the middle classes
and the elite. At the grass root level, the elected
women’s representatives are coming into their
STATUS OF WOMEN AMONG MINORITIES
Report of the National Commission for Religious and Linguistic Minorities
42
own, slowly but surely, but the Parliament and
the State legislatures remain a male bastion.
4. Underdevelopment of rural areas and
certain other regions are the principal factors
for educational and social backwardness of
the socially and economically weaker amongst
Scheduled Castes, Scheduled Tribes, Other
Backward Classes and minorities in general
and of women and girls in particular. Girls
and women belonging to these communities
are way behind their urban elite middle class
counterparts. There are still wide inter and
intra regional disparities in development per
se. There are islands of affluence (Punjab,
Haryana, Delhi) in the Indo Gangetic plains
which also account for bulk of the poor and the
illiterate of the country (Uttar Pradesh, Bihar,
Rajasthan, Madhya Pradesh, Chhattisgarh,
West Bengal). These islands of affluence also
dot the western coastal areas, central India
and the southern peninsula where industry
is concentrated and new services are
growing in the information technology and
other sectors. Bulk of the higher, technical
and professional educational institutions
are located in the south and the west,
with Maharashtra, Karnataka, Andhra
Pradesh and Tamil Nadu accounting for the
majority of these institutions. This uneven
distribution of resources and opportunities
between different regions gets reflected in
large inter and intra group disparities of
gender, caste, ethnicity and religion between
and among regions.
5. Apartheid of gender continues to stare at
us despite proactive policies and laws for girls
and women. The lives of girls and women
continue to be controlled by the patriarchal
belief systems and structures which use
prescriptions and proscriptions and even
naked force to keep women in their place.
All decisions are taken by men and all assets
are owned by them. The process of gender
discrimination begins even before birth and
continues throughout the life of a female.
That there are 3.6 crores fewer females in the
population of India is disturbing but even
more alarming is the sharper decline in the
proportion in the age group 0-6 years. There
are 0.6 crores fewer girls in this age group.
Besides, women and girls do more work than
males but get much less than their legitimate
share in food, health, education and training.
The traditional socialisation practices of a
society with a marked son preference are
highly discriminatory to the girl child not only
in matters of food, health care, education and
play but also succeed in making her believe
that she is inferior and less competent than
her male counterparts.
6. Religion acts as an important cultural factor,
which reinforces the traditional perception
of women as subordinate to males and under
male control. The unequal position of women
in the family is determined and reinforced by
the dictates of the organised religion. None of
the major religions – Hinduism, Buddhism,
Islam and Christianity ever conceded
complete equality to women and have in
fact institutionalised the secondary position
of women versus men through written and
oral interpretations by the male clergy. The
ideal of womanhood is still modelled on the
Brahmanical tradition and linked to a strongly
patriarchal culture assigning a secondary
position to women. Also within each of the
religious groups, there is no homogeneity as
regards women’s status. Women belonging to
the same religion might yet have very different
conditions of life, which are influenced by
their earning capacity, employment, ruralurban
setup, educational level, and so on.
Within every minority groups, some women
subsist below the poverty line (BPL), while
others enjoy a higher standard of living.
Constitutional Provisions Regarding
Rights of Women
7. In post independence India, a large
number of constitutional and legislative
measures and many forward looking policies
and programmes have been directed at
integrating all women in the mainstream
of national development. The Constitution
Status of Women among Minorities
43
of India provides certain safeguards for
the protection of women’s rights. These
Constitutional provisions are intended for
the well-being and all round development of
women of all the communities. Our laws are
not gender discriminatory and are equally
applicable both to males and females.
Fundamental Rights and Duties
Article 14 - confers on men and women equal
rights and opportunities in the political,
economic and social spheres.
Article 15 - prohibits discrimination against
any citizen on the grounds of religion, race,
caste and sex.
Article 15 (3) - makes a special provision
enabling the State to make affirmative
discrimination in favour of women.
Article 16 - provides for equality of
opportunities in matters of public
appointment for all. Article 21 provides for
protection of life and personal liberty.
Article 21 A - (86th Constitutional Amendment
Act 2002) makes education a fundamental
right of all children of the age of 6-14 years.
Article 23 - prohibits traffic in human beings
and forced labour.
Article 24 - prohibits employment of children
in factories etc.
Article 51- makes it a fundamental duty
of all Indian citizens to promote harmony
and the spirit of common brotherhood
amongst all the people of India transcending
religious, linguistic and regional and sectional
diversities, to renounce practices derogatory
to the dignity of women.
Article 51 A - (k) in part IV-A makes it a duty of
a parent or a guardian to provide opportunities
for education to his child or, as the case may be,
ward between the age of 6 and 14 years.
Directive Principles of State Policy
The Directive Principles of State Policy have
been the guiding beacons for social policies
and legislation.
Article 39 (a) - states that the State shall direct
its policy towards securing all citizens, men and
women equally, have the right to an adequate
means of livelihood.
Article 39 (d) - directs the State to ensure equal
pay for equal work for men and women.
Article 39 (e) - ensures that the health and
strength of workers, men and women, and the
tender age of children are not abused.
Article 39 (f ) - stipulates that children are
given opportunities and facilities to develop
in a healthy manner and in conditions of
freedom and dignity and that childhood and
youth are protected against exploitation and
against moral and material abandonment.
Article 41 - deals with right to work, to education
and to public assistance in certain cases.
Article 42 - enjoins the State to ensure just and
humane conditions of work and maternity
relief.
Article 45 - (amended in 2002) gives a directive
to the State to provide early childhood care
and education for all children till they attain
the age of six years.
Through Article 47 - the State is further
committed to raising the nutritional levels,
health and living standard for the people.
8. It may be seen from the above, India has one
of the most impressive sets of laws for women
and children/girls and yet little is known about
them either by women themselves or by men.
9. Laws in India by and large cover the
women belonging to each and every religious
community. However, there is one notable
Report of the National Commission for Religious and Linguistic Minorities
44
exception. This is in the realm of personal
laws, that is the laws governing marriage,
divorce, inheritance, child custody and
maintenance etc. Since different religious
communities display wide variations in their
personal beliefs and customs, it was considered
appropriate to respect the differences and
make personal laws commensurate with the
customary practices within each community.
These laws have been framed keeping in mind
the varied religious beliefs, since India is a
multi-religious country. From time to time,
there are some changes in the personal laws
governing different communities. Often, these
changes are suggested by members of the
communities themselves, including women of
the communities. Human rights organisations
and women’s groups have suggested
appropriate changes in the various personal
laws. A Common Civil Code governing personal
laws for all the communities has been mooted
in the Directive Principles of State Policy
(Article 44). This is a sensitive issue and has not
been handled adequately by any government
so far. Registration of all marriages is perhaps
the very first step in ensuring justice to women
who are at times not even able to establish the
validity of a religious marriage.
Institutional Arrangements to
Safeguard the Interest of Women
National Commission for Women
10. The National Commission for Women
(NCW), a statutory body set up in 1992,
safeguards the rights and interests of women.
It continues to pursue its mandated role
and activities; viz. safeguarding women’s
rights through investigations into individual
complaints of atrocities; sexual harassment
of women at the work place; conducting
Parivarik/Mahila Lok Adalats, legal awareness
camps; review of women-specific and womenrelated
legislation; investigation into denial
of rights etc., and takes suo moto remedial
action to restore women’s legitimate rights.
Ensuring custodial justice is another
important function. Open Adalats (public
hearing) is the most innovative and effective
method adopted by the Commission to hear
individual grievances. Out of 41 pieces of
legislation having direct bearing on women,
the Commission reviewed and suggested
remedial legislative measures in 32 Acts and
forwarded the same to the Government for
necessary action, besides drafting a Bill on
Sexual Harassment at the Work Places and
a Bill on SAARC Regional Convention for
Prevention and Combating Trafficking
in Women and Children. The NCW
has suggested a draft Bill entitled
‘Compulsory Registration of Marriages Bill,
2005’, for consideration to the Government.
It has also proposed amendments to the laws
relating to rape.
Ministry of Women and Child
Development
11. The Ministry of Women and Child
Development is the nodal agency for
all matters pertaining to the welfare,
development and empowerment of women
and children in the country and is responsible
for the formulation and implementation of
women specific programmes in the areas of
economic rehabilitation of women from the
weaker sections of society through training
and employment; better employment
avenues for women to bring them into
the mainstream of national development;
provision of short stay homes for women in
difficulties, together with support services
of counselling, medical care, guidance and
treatment and development of skills; and
provision of preventive and rehabilitative
services to women and children who are
victims of atrocities and exploitation. The
schemes/programmes of the Ministry are
implemented mainly with the support of
State Governments, other Government
agencies and non-Governmental
organisations The thrust of all these
programmes is two pronged. Firstly, it is
specific in the sense that certain programmes
cater to women only as beneficiaries.
Secondly, there are other programmes that
help in mainstreaming and integrating them
into society.
Status of Women among Minorities
45
Demographic Profile of Women
Among Minorities
12. The Demographic Profiles of Women
Among Minorities indicate their growth in the
population, sex ratio, literacy and education
status, livelihood patterns and health status
as per the details given in the succeeding
paragraphs.
Population Growth
Table 5.1 shows the growth of Women
population community-wise from 1961 to
2001.
13. As is evident from Table 5.1, population
of women belonging to Religious Minorities
has been on increase and gone up from
16.1 percent in 1961 to 18.9 percent in
2001. However, community-wise analysis
indicates that there have been variations
from decade to decade. Among Muslim
females, from 1971 onwards there is a trend
of increasing percentage share in the total
female population of minority groups.
The share of Muslims females (within
total population of females of minority
groups) rose from 66.3 percent in 1971 to 71.1
percent in 2001. As against this, Christians,
Sikhs, Buddhists and Jains maintained
a reverse trend of declining proportion of
females (within total population of females
of minority groups). Between 1961 and 2001,
this ratio decreased from 15.6 to 12.9 percent
for Christian women; from 10.5 to 9.6 percent
for Sikh women; from 4.7 to 4.1 percent for
Buddhist women; and from 2.8 to 2.2 percent
for Jain women. The increasing share of
Muslim women (within total population
of women of minority groups) could be
attributable to the relatively high fertility
rate among Muslims, as well as the better sex
ratio in the Muslim community as compared
to the sex ratio figures for ‘all religious
communities’.
14. With the exception of Parsis, all the other
minority groups have shown an increasing
trend in their absolute numbers, while their
percentages within the Religious Minorities
varied from group to group and decade to
decade. In the case of Zoroastrians (Parsis),
the figure of around 76382 in the 1991 Census
has come down to 69601 in the 2001 Census,
comprising of 33949 males and 35652
females. There is a clear visible but extremely
unfortunate decline of a rich civilization of
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 Percentage
Number Percentage
Number Percentage
Number Percentage
Number Percentage
All
Communities
21.29 - 26.40 - 32.13 - 40.33 - 49.64 -
Religious
Minorities
3.41 16.1 4.44 16.8 5.45 16.9 7.11 17.6 9.39 18.9
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
(Parsis)
- - - - - - - 0.01 - 0.007
Source: Census 2001
Report of the National Commission for Religious and Linguistic Minorities
46
Sex Ratio
Table 5.2: Sex Ratios Community-wise
(per thousand population)
All Ages 0-6 Years
All Communities 933 927
Hindus 931 925
Muslims 936 950
Christians 1,009 964
Sikhs 893 786
Buddhists 953 942
Jains 940 870
Other religions 992 976
Source: Census 2001
15. Data from Census 2001 as indicated in
Table 5.2 shows that Christians account for
the highest sex ratio of 1009 females to 1000
males in ‘All Age’ groups at ‘All India’ level,
while Sikhs have the lowest sex ratio of 893.
The other minorities i.e. Muslims, Buddhists
and Jains maintain levels slightly above
the national average of 933 — that is, 936
for Muslims, 953 for Buddhists and 940 for
Jains. The category ‘Other Religions’ exhibits
a high sex ratio i.e. 992. However, those
belonging to the majority religion, i.e. Hindus,
exhibit the lowest sex ratio i.e., 931.
16. In respect of child sex ratio (number of
female to male children in the age group
0-6 years), the ‘All India’ figure is 927. The
2001 Census reveals the alarming trend of
declining child sex ratio. This trend is present
in all the communities, though there are
marked variations. Among the minorities, the
Christians claim the highest child sex ratio
of 964, while Sikhs reveal the lowest ie 786.
The 0-6 sex ratios among Muslims and
Buddhists are higher than the national
average of 927 – it is 950 among Muslims, and
942 among Buddhists. For Jains, however, the
0-6 sex ratio is 870, which is much lower than
the national average. Hindus have reported a
child sex ratio of 925, which is a little lower
than the national average. The ‘Other Religions’,
however, have a child sex ratio of 976, which is
the highest among all the categories.
Table 5.3: Overall Literacy Rate and Female
Literacy Rate among different Communities
(in percent)
Religion
Community/castes
Overall
Literacy Rate
Female
Literacy Rate
All India 64.84 53.67
Hindu 65.09 53.21
Muslim 59.13 50.09
Christian 80.25 76.19
Sikh 69.45 63.09
Buddhist 72.66 61.69
Jain 94.08 90.58
Other religions 47.02 33.19
Scheduled Castes 54.7 41.9
Scheduled Tribes 47.1 34.76
Source: Census 2001
Table 5.4 : Overall Literacy Rate and Female
Literacy Rate among different Communities
in Rural and Urban Areas
(in percent)
Communities Literacy Rate
(Rural)
Literacy Rate
(Urban)
Overall
Literacy
Rate
Female
Literacy
Rate
Overall
Literacy
Rate
Female
Literacy
Rate
All India 58.74 46.13 79.92 72.86
Hindu 59.06 45.75 81.32 73.90
Muslim 52.73 42.66 70.07 63.17
Christian 74.55 69.65 90.90 88.26
Sikh 64.21 57.15 83.56 79.18
Buddhist 66.93 54.56 81.60 72.91
Jain 87.47 80.34 96.13 93.75
Others
religions
43.85 29.52 75.29 66.48
Source: Census 2001
Literacy Rate
17. While Table 5.3 indicates the overall literacy
rate and female literacy rate of different
communities/castes, Table 5.4 gives female
literacy details in rural and urban areas.
18. Literacy and education attainment levels
of education among women belonging to
different communities vary and are the highest
among Jains followed by Christians, Sikhs,
Buddhists and lowest among the Muslims.
Status of Women among Minorities
47
The Jains have the highest overall literacy
rate of 94.08 percent and among women
of this community literacy rate is 90.58
percent. As against this, overall literacy rate of
Muslims is 59.13 percent and their female
literacy rate is 50.09 percent. However, among
other religion category the overall literacy
rate (47.02 percent) as well as female literacy
rate (33.19 percent) and overall literacy rate
of Scheduled Castes and Scheduled Tribes are
also lower than Muslims.
19. Further, the literacy rate among women of
different communities is higher in urban areas
and lower in rural areas. This may be due to
better educational facilities and infrastructure
available in urban areas.
Gender Gap in Literacy Rate
20. Table 5.5 indicates the Gender Gap in the
Literacy Rate in Rural and Urban Areas. The
overall gap in male and female literacy rate
of all communities as per Census 2001 is 21.5
percent comprising 24.57 percent in rural
areas and 13.41 percent in urban areas. Both
men and women among Jains have very high
literacy rate of 97.4 percent and 90.6 percent
respectively at the national level and the
overall gender gap in this community is lowest
(6.82 percent) followed by Christians (8.18
percent) and Sikhs (12.14 percent). As against
this in other religion category gender gap
is highest (27.11 percent) comprising 17.33
percent in urban areas and 28.65 percent in
rural areas. Among the six major religions at
the national level, the maximum gender gap
between male and female literacy is among
Hindus (23 percent) followed by Buddhists
(21.4 percent) and Muslims (17.5 percent).
Education Level
21. As is seen from the Table 5.6 educational
levels among women of different communities
and castes reveal that in upto Primary Level,
women belonging to other religion category
have the highest rate (92.5 percent), followed
by Scheduled Tribes (89.39 percent), Muslims
(87.97 percent), Scheduled Castes (85.9
percent) and Buddhists (79.31 percent). Women
belonging to Jains (42.52 percent) have the
lowest rate, followed by Sikhs (55.95 percent).
At the Secondary Level, women belonging
to Jains have highest rate (20.73 percent),
followed by Sikhs (18.75 percent) and Christians
(17.19 percent). The lowest rate is among
women of Scheduled Tribes (6.00 percent),
followed by Scheduled Castes (7.66 percent)
and other religion category (9.36 percent).
Table 5.6: Educational Levels among Women
of different Communities Castes and Tribes
(in percent)
Women
Community/
Castes
Upto
Primary
Level@
Secondary
Level
Senior
secondary
Level
All religions 75.77 12.5 5.9
Hindus 75.6 12.51 5.95
Muslims 87.97 9.53 3.85
Christians 60.76 17.19 9.47
Sikhs 55.95 18.75 7.38
Buddhists 79.31 12.55 6.28
Jains 42.52 20.73 12.76
Other religions 92.5 9.36 3.6
Scheduled
Castes*
85.9 7.66 3.49
Scheduled
Tribes*
89.39 6.00 2.45
Source: Census 2001
*SC & ST figures are based on Selected Educational Statistics: 2003-
2004
@ Includes Literate Without Education, below Primary level and Primary
level
Table 5.5: Gender Gap in the Literacy Rate in
Rural & Urban Areas
(in percent)
Communities/
Castes
Overall
Gender
Gap
Gender
Gap in
Rural
Areas
Gender
Gap in
Urban
Areas
All Communities 21.59 24.57 13.41
Hindu 22.95 25.90 14.04
Muslim 17.47 19.67 13.11
Christian 8.18 9.83 5.38
Sikh 12.14 13.49 8.32
Buddhist 21.44 24.25 16.91
Jain 6.82 13.89 4.64
Other religion 27.61 28.65 17.33
Source: Census 2001
Report of the National Commission for Religious and Linguistic Minorities
48
22. At the Senior Secondary level, the highest
rate is among Jain women (12.76 percent),
followed by Christians (9.47 percent) and Sikhs
(7.38 percent). The lowest percentage is among
women belonging to Scheduled Tribes (2.45
percent), followed by other religion category (3.6
percent) and Scheduled Castes (3.49 percent).
Drop-out Rates
23. The drop-out rate indicates the wastage
of school education and tends to undermine
benefits of increased enrolments. According to
the “Educational Statistics”, published by the
Ministry of Human Resource Development,
during 1999-2000, out of students enrolled
in classes I to V, over 40 percent dropped out.
Similarly, out of students enrolled in classes I to
VIII over 55 percent dropped out. The drop out
rate in classes I-X was over 68 percent. Further,
the drop out rate has been higher for girls.
24. Main reasons for dropping out from
schools could be inability of students to cope
up with the studies or lack of interest among
parents in the education of their children or
economic considerations, like compulsion to
work for augmenting family income or need
for looking after younger siblings or unfriendly
atmosphere in the schools etc. Among girls in
rural areas, these factors mostly accounted for
high dropouts.
Work Participation Rate
25. According to Census 2001, Work Participation
Rate among Women or percentage of women
workers to total population for all religious
communities is 25.6 percent. However, the
other religion category has higher work
participation rate of 44.2 percent among
women followed by Buddhists (31.7 percent),
Christians (28.7 percent), Hindus (27.5
percent) and Sikhs (20.2 percent). The lowest
work participation rate among women is in
the Jain communities (9.2 percent) followed
by Muslims (14.1 percent). The communitywise
work participation rate among women
of different communities is indicated in
Table 5.7
Table 5.7: Work Participation Rate among
different Communities
(in percent)
Communities/
Castes
Male Female
All Communities 51.7 25.6
Hindus 52.4 27.5
Muslims 47.5 14.1
Christians 50.7 28.7
Sikhs 53.3 20.2
Buddhists 49.2 31.7
Jains 55.2 9.2
Other religions 52.5 44.2
Source: Census 2001
As is evident from the Table 5.7, female
Work Participation Rates are uniformly lower
than males and their proportion also varies
community-wise.
The proportionate share of different
Minority Communities among different
category of workers is indicated in
Table 5.8.
26. It is seen from the Table 5.8 that among
Jains (55.50 percent) and Buddhists (51.46
percent), there is a high proportion of female
agricultural labourers, followed by Christians
(46.08 percent). Sikhs (29.66 percent) and
Christians (29.13 percent) constitute large
numbers of women workers in other category,
followed by Buddhists (21.85 percent).
Christians (41.86 percent) and Buddhists
(41.52 percent) comprise women cultivators
on own land. In the household industry, Sikhs
(76.55 percent), Christians (59.51 percent)
and Buddhists (59.35 percent) women have
higher proportion, followed by Muslim
women (51.48 percent). In other religion
category, majority of the women are engaged
in household industry (63.10 percent) and
as agricultural labourers (56.95 percent).
Comparatively large number of women
workers in other workers category belong
to Sikhs (29.66 percent), Christians (29.13
percent) and Buddhists (21.85 percent).
Status of Women among Minorities
49
Table 5.8: Distribution of Category of Women Workers among different Communities
(in percent)
Communities Cultivators in own
land (CL)
Agricultural
labourers (AL)
Household Industry
(HHI)
Other Workers
(OW)
All Religious
communities
32.91 46.31 48.43 18.30
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 28.96
Source: Census 2001
Health Status
Infant and Child Mortality Rate
27. Infant and child mortality rate among
different communities and caste are indicated
vide Table 5.9.
28. Among religious communities, Jains have
the lowest infant mortality rate (46.7 percent),
followed by Christians (49.2 percent), Buddhist/
Neo-Buddhist (53.6 percent) and Muslims
(58.8 percent). Infant Mortality Rate is
highest among Scheduled Castes (83.0
percent), Scheduled Tribes (84.2 percent),
and Other Backward Classes (76.0 percent).
Among Hindus, infant mortality rate is 77.1
percent. However, the Census figures for
infant mortality rate in 2001 are very high,
compared to NFHS-II (1988-89) data, i.e. 99
for Hindus, 95 for Muslims, 77 for Christians
and 82 for Sikhs. The position in respect
of child mortality rates among different
communities/castes also reflect similar
picture. Mortality rate differentials may be due
to factors other than religion alone e.g. urban
or rural residence or economic conditions
of the family or availability of health
amenities, etc.
29. According to Table 5.10, Kerala (14) indicates
the lowest Infant Mortality Rate, followed by
Mizoram (19), Goa (21), Pudducherry (22)
and Manipur (25). Orissa has the highest
Infant Mortality Rate (97), followed by
Madhya Pradesh (90), Uttar Pradesh (84) and
Chhattisgarh (78).
30. Generally, it may be inferred that Infant
Mortality Rate has gone down due to improved
access to immunisation, health care and
nutrition. Integrated Child Development
Services (ICDS) Programmes have contributed
significantly in arresting infant mortality through
strong inputs of Universal Immunisation
Programme (UIP) and Mother and Child Health
Services.
Table 5.9: Infant and Child Mortality Rate
among different Communities and Castes
(in percent)
Community/Caste Infant
mortality
rate
Child
mortality
rate
Hindu 77.1 32.4
Muslim 58.8 25.4
Christian 49.2 19.7
Sikh 53.3 12.3
Jain *(46.7) *(11.3)
Buddhist/Neo-Buddhist 53.6 14.1
No religion *(77.6) *(77.2)
Scheduled castes 83.0 39.5
Scheduled tribes 84.2 46.3
Other Backward Class 76.0 29.3
Source: NFHS-II 1998-99
*Based on 250-499 children surviving to the beginning of the age
interval
Report of the National Commission for Religious and Linguistic Minorities
50
Maternal Mortality Ratio
31. According to World Health Organisation,
worldwide about 5 lakh women die every year
from pregnancy and childbirth related causes
and most of these deaths occur in developing
countries.
32. According to National Family Health
Survey – II (NFHS-II) Maternal Mortality
Ratio is 540 deaths for 1 lakh live births as
against Maternal Mortality Ratio of 424 deaths
for 1 lakh live birth reported in National
Family Health Survey-I (NFHS-I), suggesting
a considerable increase in the Maternal
Mortality Ratio in the country.
33. Further, in both National Family Health
Survey-I (NFHS-I) and National Family Health
Survey-II (NFHS-II), the rural Maternal
Mortality Ratio is much higher than urban
Maternal Mortality Ratio (434 compared with
385 in National Family Health Survey-I and 619
compared with 267 in National Family Health
Survey-II). This finding suggests the need for
ensuring that all pregnant women receive
adequate antenatal care during pregnancy
and that deliveries take place under hygienic
condition with assistance of trained medical
practitioners.
34. Presently, the average Maternal Mortality
Ratio is 407 deaths per one lakh live births.
NFHS-II speaks of the devastating neglect,
inadequate structures and institutions for safe
delivery. Major causes of maternal mortality
are associated with unsafe abortions, antepartum
and post-partum haemorrhage,
anemia, obstructed labour, hypertensive
disorders and post-partum sepsis.
35. Another contemporary health related
issue is that of HIV-AIDS which are reportedly
spreading rapidly in the country. Currently,
HIV infection in the general population is
seen in all States both in the urban and
rural areas. Available data from sentinel
surveillance suggests that over the last two
decades, there has been a slow but progressive
Table 5.10: State-wise and Area-wise Details
of Infant Mortality Rate 1999
S.
No.
Name of the
State
Urban
Infant
Mortality
Rate
Rural
Infant
Mortality
Rate
Total
Infant
Mortality
Rate
1. Andhra
Pradesh
37 75 66
2. Assam 36 79 76
3. Bihar 55 64 63
4. Gujarat 45 70 63
5. Haryana 58 70 68
6. Karnataka 24 69 58
7. Kerala 16 14 14
8. Madhya
Pradesh
55 96 90
9. Maharashtra 31 58 48
10. Orissa 65 100 97
11. Punjab 39 57 53
12. Rajasthan 59 85 81
13. Tamil Nadu 39 58 52
14. Uttar Pradesh 66 88 84
15. West Bengal 40 55 52
16. Arunachal
Pradesh
10 45 43
17. Chhattisgarh 47 95 78
18. Goa 17 23 21
19. Jharkhand 48 76 71
20. Himachal
Pradesh
38 63 62
21. Jammu &
Kashmir
N.A. N.A. N.A.
22. Manipur 24 22 25
23. Meghalaya 33 59 56
24. Mizoram 14 22 19
25. Nagaland 16 N.A. N.A.
26. Sikkim 33 50 49
27. Tripura 33 43 42
28. Uttarakhand 27 75 52
29. Andaman &
Nicobar
9 30 25
30. Chandigarh 27 36 28
31. Dadar &
Nagar Haveli
7 61 56
32. Daman & Diu 36 34 35
33. Delhi 31 33 31
34. Lakshdweep 37 26 32
35. Pudducherry 15 32 22
Total 44 75 70
Source: Director of Census operation, Chennai-1999
Status of Women among Minorities
51
rise in the prevalence of infection in all groups
in all States. The estimated number of HIV
infected persons rose from 3.5 million in 1998
and to 3.9 million in 2000 and to 5.3 million
in 2003, of whom more than 50 percent of
infected persons are women and children.
Every year, approximately 30,000 deliveries in
India occur among sero-positive women and
between 6,000 and 8,000 infants are perinatally
infected with HIV.
Antenatal Check-ups
36. Based on NFHS II Survey of 1998-99,
status of ante-natal check-up among different
communities/castes is given in Table 5.11.
37. As may be seen from the above, more
than one-third of women among Scheduled
Tribes, Scheduled Castes, Muslims, no
religion category, Other Backward Classes and
Hindus have not gone for antenatal checkups.
Facility of doctors has been availed of by all
the communities and castes but largely by
Jains, Buddhists and Christians. As against
this, facility of other health professional and
traditional birth attendants has been availed
of by all communities and castes, though by a
small percentage of population.
Place of Delivery
38. As may be seen from the Table 5.12, among
Hindus, Muslims, Sikhs, no religion category,
Scheduled Caste, Scheduled Tribes and Other
Backward Classes, more than 50 percent
deliveries took place at home. Against this,
among Christians and Jains most deliveries
took place at Health Facility Centres
comprising both government hospitals and
private institutions. Large number of deliveries
in private institutions may be due to the better
economic conditions of these communities or
because of their being urban based. Among
those who remained at home for delivery
without the care of medical personnel,
proportion was more among Scheduled
Tribes, no religion Category, Scheduled
Castes, Muslims, Hindus and Other Backward
Classes.
Nutritional Status of Women
39. The weight and height data were used
by NFHS-II to assess the nutritional status
of women among different communities as
indicated in Table 5.13.
40. The height of an adult is an outcome of several
factors including nutrition during childhood
Table 5.11: Status of Antenatal Check-ups among Different Communities and Castes
(in percent)
Antenatal
Check up
only at
home
from
Health
Worker
Antenatal check-up outside home
from:
No
Antenatal
check up
Missing
Total
Doctor Other
health
professional
Traditional
birth
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 0.6 100
Source: NFHS-II 1998-99
Report of the National Commission for Religious and Linguistic Minorities
52
and adolescence. While the cut off point for
height below which a woman can be identified
as nutritionally at risk, varies among population,
it is usually considered to be in the range of 140-
150 centimeters. NFHS-II found 151 centimeters
as mean height for women in India. The mean
height varied only slightly (between 150-155
cms) for women in different population groups,
as is clear from the Table 5.13. Sikh women and
Jain women are taller, on average, than women
in any other group. Though, 13 percent of the
women in different age groups are under 145
cms in height, yet the percentage of women
who are below 145 cms varies most by religion,
ranging from 4-8 percent for Sikhs and Jains to
24-25 percent for women with other religions/no
religions. By caste/tribe, 17 percent of Scheduled
Castes women are likely to be short.
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’
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
Table 5.13: Nutritional Status of Women among different Religious Communities and Castes
Community/Caste Height Weight for height
Mean height (cm) Percentage below
145 cm
Mean Body Mass
Index (BMI)
Percentage with 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-
Buddhist
149.9 17.3 20.4 33.3
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
Classes
151.0 13.5 20.2 35.8
Source: NHFS-II 1998-9
Status of Women among Minorities
53
41. The Body Mass Index (BMI) defined as
the weight in kilograms divided by the height
in meters squared (kg/m2), for women in
India is 20.3 (varying within narrow range of
19-23 for different groups). Chronic energy
deficiency is usually indicated by a BMI of less
than 18.5. More than 36 percent of women in
different age groups have a BMI of less than
18.5, indicating a high prevalence of nutritional
deficiency. As is evident from the Table 5.13,
nutritional problems are particularly serious
among women from ‘other’ religions, Muslims,
Buddhists, Scheduled Castes, Scheduled
Tribes and Other Backward Classes.
Use of Contraceptives
42. Based on NFHS – II Survey, 1998-99, status
of use of contraceptives among different
communities and castes is given in Table 5.14.
43. As may be seen from the above, use of
contraceptive is more among Sikhs, Jains,
Buddhists and Christians. As against this,
use of contraceptives is least among Muslims
followed by no religion category, Scheduled
Tribes, Scheduled Castes, Other Backward
Classes and Hindus. Further, male sterilisation
is adopted by very few among all communities
and castes. However, male as well as female
sterilisation is lowest among no religion
category and Muslims as compared to highest
female sterilisation among Buddhists.
Fertility Rate among different Religious
Communities/Castes
44. The Total Fertility Rate (TFR), and the
mean number of children ever born to women
of age 40–49 by religious communities and
castes are given in Table 5.15.
45. As is evident from the data in Table 5.15,
total fertility rate is very high, among no
religion category (3.91 percent) Muslims (3.59
percent), Scheduled Castes (3.15 percent) and
Scheduled Tribes (3.06 percent). Total fertility
rate is lowest among Jains (1.9 percent). In
other communities, total fertility rate ranges
between 2.26 percent among Sikhs to 2.83
percent among Other Backward Classes.
Similarly, average number of children ever
born to married women of 40-49 years are
highest among Muslims (5.72) followed by
Scheduled Castes (4.85), Scheduled Tribes
(4.74), Other Backward Classes (4.43), Hindus
(4.34), and Buddhists (4.05) with lowest figure
of 3.32 among Jains.
46. Based on the analysis in the preceding
paragraphs, the following observations
emerge:
46.1. The population of women belonging to
religious minorities has been on increase and
gone up from 16.1 percent in 1961 to 18.9 percent
in 2001. Community-wise analysis indicates
that there have been variations from decade
to decade. While the share of Muslim females
in the total women population of minorities
has increased from 66.3 percent in 1971 to
71.1 percent in 2001, there has been decline
in the share of female population belonging to
Christians, Sikhs, Buddhists and Jains.
46.2. Among Parsis there has been decline
in their total population as well as women
Table 5.14: Use of Contraceptives by
different Communities Scheduled Castes,
Scheduled Tribes and Other
Backward Classes
(in percent)
Community/
Caste
Any
method
Female
sterilisation
Male
sterilisation
Hindu 49.2 36.2 2.1
Muslim 37.0 19.6 0.8
Christian 52.4 36.5 2.1
Sikh 65.2 30.2 1.6
Jain 65.1 42.3 1.4
Buddhist/ Neo-
Buddhist
64.7 52.5 5.0
No religion 30.1 16.7 0.0
Scheduled
Castes
44.6 34.4 1.9
Scheduled
Tribes
39.1 28.8 3.1
Other
Backward
Classes
46.8 37.2 1.6
Source: NFHS-II 1998-99
Report of the National Commission for Religious and Linguistic Minorities
54
population from 76382 in 1991 (Males – 37736,
Females – 38646) to 69601 in 2001 (Males –
33949, Females – 35652).
46.3. Christians account for highest sex ratio of
1009 for females to 1000 males in all age groups.
However, in 0-6 years age group other religions
have highest sex ratio of 976 girls to 1000 boys.
Lowest sex ratio is among Sikhs – 893 females to
1000 males in all age group and 786 girls to 1000
boys in 0-6 years age group.
46.4. Jains have the highest female literacy
rate of 90.58 percent comprising 93.75 in
urban areas and 80.34 percent in rural areas.
As against this, other religions have the lowest
female literacy rate of 33.19 percent. The
female literacy rate among Muslim is 50.09
percent which is higher than other religions,
Scheduled Castes and Scheduled Tribes.
46.5. The gender gap in literacy rate is highest
among other religious (27.61 percent) and
lowest among Jains (6.82 percent), followed by
Christians (8.18 percent). Gender gap in literacy
rate is higher in rural areas than urban areas.
46.6. Work participation rate among Buddhist
women is highest (31.7 percent) and lowest
among Jains (9.2 percent) against the average
for all religious communities (25.6 percent).
Female Work participation rates are lower
than male work participation rate and
their proportion varies from community to
community.
46.7. Out of the women belonging to minority
communities, percentage of women of
other religious categories is (41.62 percent),
followed by Christian women (41.86 percent)
and Buddhist women (41.52 percent) are
cultivators in own land. Majority of the
women from other religions (56.95 percent)
followed by Jain women (55.50 percent)
and Buddhist women (51.46 percent) are
agricultural labourers. Highest number of
Sikh women (76.55 percent), followed by
Christian women (59.51 percent), Buddhist
(59.35 percent) and Muslim women (51.48
percent) are engaged in household industries.
In other works category the highest number is
that of Sikh women (29.66 percent), followed
by Christian women (29.13 percent), other
religion women (28.96 percent) and Buddhist
women (21.85 percent).
46.8. Among Hindus, infant and child
mortality rates are higher (77.1 percent
and 32.4 percent respectively) than other
communities. Christians account for lowest
infant and child mortality rates (49.2 percent
and 19.7 percent respectively). Among Muslims,
infant mortality rate (58.8 percent) and Child
Mortality Rate (25.4 percent) are higher than
other minorities. However, infant mortality
rate and child mortality rates are higher among
Scheduled Castes (83.0 percent and 39.5
percent respectively) and Scheduled Tribes
(84.2 percent and 46.3 percent respectively).
Persons belonging to other backward class
and no religion group also exhibit higher
infant mortality rate and child mortality rate as
compared to other communities.
46.9. The status of Total Fertility Rate (TFR)
among different communities, Scheduled
Table 5.15: Total Fertility Rate among
different Communities, Scheduled Castes,
Scheduled Tribes, etc.
(in percent)
Community/Caste Total
Fertility Rate
Mean number
of children ever
born to ever
married women
age 40–49
years
Hindu 2.78 4.34
Muslim 3.59 5.72
Christian 2.44 3.47
Sikh 2.26 3.59
Jain 1.90 3.32
Buddhist/Neo-
Buddhist
2.13 4.05
No religion 3.91 *(5.62)
Scheduled Castes 3.15 4.85
Scheduled Tribes 3.06 4.74
Other Backward
Classes
2.83 4.43
Source: NFHS-II 1998-99
*Based on 25-49 unweighted cases
Status of Women among Minorities
55
Castes and Scheduled Tribes, etc. indicates
that Total Fertility Rate is highest among no
religion category (3.91 percent), followed by
Muslims (3.59 percent), Scheduled Castes (3.15
percent) and Scheduled Tribes (3.06 percent).
Jains registered the lowest total fertility rate
(1.90 percent), followed by Buddhists (2.13
percent) and Sikhs (2.26 percent). As regards
average number of children ever born to ever
married women of 40-49 years age, Muslims
indicate the highest percentage (5.72 percent),
followed by no religion category (5.62 percent),
Scheduled Castes (4.85 percent) and Scheduled
Tribes (4.43 percent)
46.10. Nutritional status of women belonging
to Christian, Sikh and Jain communities is
generally better than others. Sikh women have
the highest mean height of 155.0 cm followed
by Jain (153.6 cm) and Christian (152.1 cm)
women. Women below 145 cm in height are
lowest among Sikhs (3.9 percent) followed by
Jain (7.6 percent) and Christian (10.3 percent).
Nutritional status of women belonging to
Buddhists and no religion category is worse.
46.11. Status regarding ante-natal check ups
among different communities is not very
encouraging. More than one-third of women
belonging to Scheduled Castes, Scheduled
Tribes, Muslims and no religion category do
not avail such check-ups. Facilities of Doctors
for ante-natal check-ups have, however, been
availed of by all communities though this is
markedly higher among Jains (84.7 percent),
Buddhists (74.9 percent) and Christians (73.4
percent). As regards making use of facilities
of other health professional and traditional
birth attendants these have been availed of by
communities/castes though their percentage is
quite low.
46.12. As regards child birth deliveries,
Christians and Jains preferred health facility
centres/hospitals. More than 50 percent of
deliveries of other communities took place at
home. This was proportionately more among
Scheduled Castes, Scheduled Tribes, no religion
category, Muslims, Hindus and Other Backward
Classes category.
46.13. Use of contraceptive is more among
Sikhs, Jains, Buddhists and Christians and
least among Muslims, followed by no religion
category, Scheduled Tribes, Scheduled Castes,
Other Backward Castes and Hindus. Female
sterilisation is highest among Buddhists.
Male and female sterilisation is lowest among
no religion category and Muslims. Total
fertility rate and number of children born is
highest among Muslims, no religion category,
Scheduled Castes and Scheduled Tribes. This
figure is lowest among Jains, Buddhists and
Hindus.
46.14. It is stated that the estimated number
of HIV infected persons rose from 3.5 million
in 1998 and to 3.9 million in 2000 and to 5.3
million in 2003, of whom more than 50 percent
of infected persons are women and children.
Every year, approximately 30,000 deliveries in
India occur among sero-positive women and
between 6,000 and 8,000 infants are perinatally
infected with HIV.
Report of the National Commission for Religious and Linguistic Minorities
56
Chapter 6
CRITERIA FOR IDENTIFICATION OF BACKWARD
SECTIONS AMONG RELIGIOUS MINORITIES
1. India is a multi-racial, multi-religious and
multi-lingual country with wide variations
and inequalities amongst people which have
been accentuated by regional, traditional
disparities over a period of time. The State has
been conscious of these inherent inequalities
in the society. There is, therefore a long
history of affirmative action for the backward
communities with a view to ensure equity
and social justice. After taking note of the
initiative taken prior to independence, the
need for identifying and providing for those
discriminated against and/or socially and
economically backward was acknowledged by
the Constitution framers.
2. Equality before the law is a basic
Fundamental Right guaranteed under Article
14 of the Constitution. It places the strong and
the handicapped on the same footing in the
race of life. It is a dictum of social justice that
there is equality only among equals. To treat
unequals as equals is to perpetuate inequality.
The humaneness of a society is determined
by the degree of protection it provides to
its weaker, handicapped and less gifted
members.
3. ‘Equality of opportunity’ and ‘equality of
treatment’ places the weak and the strong on par
and to that extent, it amounts to denial of social
justice. In fact, it is ‘equality of results’ which is
the acid test of society’s egalitarian protections.
In a highly unequal society like ours, it is only
by giving special protection and privileges to
the under-privileged sections of society that we
can enable the socially and economically weak
to resist exploitation by the strong.
4. It was in view of these considerations
that our Constitution makers made special
provisions under Article 15(4), 16(4) and
46 etc. to protect the interests of Scheduled
Castes, Scheduled Tribes and socially and
educationally Backward Classes and weaker
sections. It was obligatory on the part of the
State to take positive steps to lift backward
sections to a level from where they can take
advantage on equal footing. The identification
of victims of the practice of untouchability,
residents of inaccessible and isolated
hill areas, the socially, educationally and
economically backward classes of people and
other weaker sections of society was necessary
in order to focus on the interventions for their
advancement.
5. In order to suggest criteria for identifying
the socially and economically backward
among the religious minorities, it is important
to examine the adequacy and effectiveness of
the existing criteria in reaching out to them.
It would be helpful to examine the strategies
adopted for identifying different categories of
backward.
Different Approaches Adopted
to Identify SCs/STs and Other
Backward Classes
6. In keeping with the diversities of people
and different causes for backwardness,
three distinct groups were recognised in the
Constitution for making special provisions for
their advancement. These were:
(i) Scheduled Castes
(ii) Scheduled Tribes
Criteria for Identification of Backward Sections among Religious Minorities
57
(iii) Socially and educationally backward classes
– 15 (4)
(iv) Any Backward Class – 16(4)
(v) Weaker Sections - 46
7. The groups at (ii) and (v) above were all
inclusive and do not discriminate on the basis
of religion or caste. Religious minorities form
a part of these. Group at (i) is religion and
caste based and arises out of the practices
of untouchability among Hindus, Sikhs and
Buddhists while even ignoring the same among
Muslims and Christians.
8. Different parameters were adopted for
identifying them and for accelerating their
progress through policies and programmes
which can be termed ‘affirmative action’ or
‘positive discrimination.
Scheduled Castes
9. The Scheduled Castes numbering 429
recognised as a special group titled ‘Depressed
Classes’ in the 1931 Census were notified for
the first time as “Scheduled Castes” in the
Government of India Act, 1935. Government
of India (Scheduled Castes) Order was,
however issued in April 1936. The criteria
adopted for purposes of specifying the
Scheduled Castes was based on the obnoxious
practice of untouchability. The test applied
was the social, educational and economic
backwardness arising out of the historical
custom of untouchability. The Constitution
of India in 1950 adopted the list drawn in 1936.
No survey or investigation was undertaken to
examine the eligibility of any caste included
in the 1936 list. The first notification issued
in 1950 included 607 communities which
have now been raised to 1109 by 2002 with
inclusion of 502 more castes. As against this
33 communities over the years have been
excluded.
10. Specific provisions for the protection
and development of Scheduled Castes are
enshrined in Articles 16, 17, 46, 243, 330,
332, 334, 335, 338 and 341 of the Constitution
of India.
Scheduled Tribes
11. The criteria for recognition of a separate
category of ‘Scheduled Tribes’ was the
geographical isolation of tribals living
in inaccessible areas which led to their
backwardness.
12. The first notification, specifying 240
communities as Scheduled Tribes was issued
for 12 States in 1950. As on date the number of
Scheduled Tribes communities in India stands
at 628 as against 240 in 1950. The increase
in Scheduled Tribes lists during the last five
decades is nearly 156 percent or say one and
half times and exclusions are barely 15 in
number. Tribals inter-alia includes minorities
as the criterion for identifying the Scheduled
Tribes are religion and caste neutral. Christians,
Buddhists in the NE and other tribal areas
and Muslims residing in remote tribal areas
are all entitled to the benefits available to the
Scheduled Tribes.
13. For the protection, care and development
of Scheduled Tribes, special provisions have
been incorporated in the Constitution of India
in Articles 16, 46, 164, 243, 244, 275(1), 330, 332,
334, 335, 338A and 342.
Socially, Educationally and Economically
Backward Classes
14. The Constitution recognised that
in addition to Scheduled Castes and
Scheduled Tribes there may be other socially,
educationally and economically backward
classes who may require special attention
under Article 15, 16(4) and 46. Initiatives taken
by the Government in this regard since 1953
give a clear picture of strategies and criteria
evolved to identify the socially, educationally
and economically backward.
15. Under Article 340, the Constitution of
India provided for the Appointment of a
Commission to investigate the conditions
of backward classes in accordance with the
above provision. The first Backward Classes
Commission headed by Kaka Saheb Kalelkar
was appointed by Government of India in
Report of the National Commission for Religious and Linguistic Minorities
58
1953 to determine the criteria for treating any
sections of the people, other than the SCs and
STs, as socially and educationally backward.
The Commission in its report submitted in
1955 laid down four criteria for identifying
socially and educationally backward classes,
namely:
(i) Low social position in the traditional caste
hierarchy of Hindu society;
(ii) Lack of general educational advancement
among the major section of a caste or
community;
(iii) Inadequate or no representation in
Government services;
(iv) Inadequate representation in the field of
trade, commerce and industry.
16. The Government of India did not accept
the recommendations of the Kalelkar
Commission and elicited the views of the
State Governments on the issue. The State
Governments differed in their views and
suggested criteria which varied substantially
from each other. The suggestions included
identification of backward areas rather than
backward classes; adoption of economic
backwardness as a criterion; continuation
of the existing caste based lists of OBCs etc.
The Central Government took the view that
there was no legal compulsion to draw up
an All-India list of socially and educationally
backward classes. The Central Government
informed the State Governments in 1961 that
they had “after careful consideration, decided
not to draw up any All-India list of backward
classes (other than the existing list of SCs and
STs) and while the State Governments had
the discretion to choose their own criteria
for defining backwardness, it would be better
to apply economic tests than to go by caste.”
The State Governments were asked to prepare
lists of backward classes on the basis of their
own criteria.
17. In pursuance of the above, State level
Commissions were appointed by several State
Governments and their recommendations in
determining the criteria for listing of OBCs
were accepted. The Criteria suggested by some
of the Commissions such as, Gajendragadkar
Commission of Jammu & Kashmir, Bakshi
Commission in Gujarat, and Havanur
Commission in Karnataka varied. But briefly
they were the following:
(i) Social backwardness, low caste status or
inferiority associated with castes making
difficult for them to have access to cultural
training, religious and secular education,
resulting in apathy for education etc.
(ii) Economic backwardness, poverty-leading
to incapability of owning land, house
or other property, household income,
employment status-current occupation,
traditional occupation considered inferior,
unremunerative or unclean, and whether
depend only on manual labour.
(iii) Educational backwardness
(iv) Poor habitation and type of house,
residence in rural, isolated and segregated
areas, ownership of house site.
(v) Participation of women in supporting
family income
(vi) Families where child marriages are
prevalent.
18. The lists prepared State-wise of OBCs
were religion and caste neutral Minority
communities such as neo-Buddhists, SC
converted to Christianity and Muslims in many
States were included in these lists.
19. The reports of the State Commissions
generated considerable litigation. In a number
of cases the courts decided against their
recommendations. In this background, the
Government of India appointed the second
Backward Classes Commission headed by
Shri B. P. Mandal in 1979 to suggest the
criteria to identify socially and educationally
backwards other than SCs, STs. This Commission
suggested 11 “criteria” or “indicators”, namely:
Social
(i) Castes/Classes considered as socially
backward by others
(ii) Castes/Classes which mainly depend on
manual labour for their livelihood
(iii) Castes/Classes where at least 25 percent
Criteria for Identification of Backward Sections among Religious Minorities
59
females and 10 percent males above the
State average get married at an age below 17
years in rural areas and at least 10 percent
females and 5 percent males do so in urban
areas
(iv) Castes/Classes where participation of
females in work is at least 25 percent above
the State average
Educational
(i) Castes/Classes where the number of
children in the age group of 5-15 years who
never attended school is at least 25 percent
above the State average.
(ii) Castes/Classes where the rate of student
drop-out in the age group of 5-15 years is at
least 25 percent above the State average.
(iii) Castes/Classes amongst whom the
proportion of matriculates is at least 25
percent below the State average.
Economic
(i) Castes/Classes where the average value of
family assets is at least 25 percent below the
State average.
(ii) Castes/Classes where the number of
families living in Kutcha houses is at least
25 percent above the State average.
(iii) Castes/Classes where the source of drinking
water is beyond half a kilometer for more
than 50 percent of the households.
(iv) Castes/Classes where the number of
households having taken consumption
loan is at least 25 percent above the State
average.
20. The Mandal Commission gave separate
weightage to the 11 indicators in the social,
educational and economic groups by giving
weightage of 3 points to each of the four
“indicators” in the social group, a weightage
of 2 points to each of the three educational
“indicators” and 1 point to each of the four
economic “indicators”. On the basis of the
weightage given to the “indicators” those
castes/communities, which scored more than
50 percent, were listed as backward classes.
Mandal Commission identified backward
classes which included religious minorities as
would be clear from the statement. Statement –
state-wise number of castes lists with religionwise
break up.
21. The report of the Mandal Commission
received in 1980 was however, not
implemented until 1993. The Government
notified 1238 classes in the Central list
comprising of classes common to Mandal
Commission and states.
22. In view of the several earlier judgments
of the Supreme Court the setting up of a
Special Bench of nine-judges by the Supreme
Court became necessary in the case of
Indira Sawhney and Others vs. Government
of India (1992) for finally settling the legal
criteria relating to reservations. In this case,
the bench opined that the backwardness
contemplated by Article 16(4) is social
backwardness, which leads to educational
and economic backwardness (para 85). It
is apparent that there are inter-linked and
economic backwardness results from social
and educational backwardness. As regards
the procedure for identification, the Bench
opined that:
(i) Neither the Constitution nor the law d
escribes the procedure or method of
identification of backward classes. Nor
it is possible or advisable for the court to
lay down any such procedure or method.
It must be left to the authority appointed
to identify. It can adopt such method/
procedure as it thinks convenient so long
as its survey covers the entire populace
of castes among, and along with, other
occupational groups, classes and sections
of people. One can start the process either
with occupational groups or with castes or
with some other groups. Thus, one can start
the process with the castes wherever they
are found, apply the criteria (evolved for
determining backwardness) and find out
whether it satisfies the criteria. If it does,
what emerges is a ‘backward class of citizens’
within the meaning of and for the purposes
of Article 16(4). Similar process can be
adopted in the case of other occupational
Report of the National Commission for Religious and Linguistic Minorities
60
groups, communities and classes, so as
to cover the entire populace. The central
idea and overall objective should be to
consider all available groups, sections and
classes in society. Since caste represents
an existing, identifiable social group/class
encompassing an overwhelming majority
of the country’s population, one can well
begin with it and then go to other groups,
sections and classes.
(ii) The term ‘backwardness’ has not been
defined anywhere in the Constitution of
India. It is wide enough to include all kinds
of backwardness-social, educational,
economic or of any other kind. The State is
the sole authority to classify certain sections
of the society as ‘backward classes’.
23. Following the directions of the Supreme
Court in Indira Sawhney judgment in 1992,
Central Govt. and the State Governments set
up Commissions/Committees to identify
Backward Classes, which later decided
separately, and on their own, the criteria or
indicators, which would be used by them for
identifying Backward Classes and prepared their
own guidelines. By and large they followed the
format of the Mandal Commission under which
11 indicators were grouped under three heads,
namely, Social, Educational and Economic
criteria – Mandal Commission identified
backward classes which include religious
minorities as is clear from the statement.
24. Pursuant to the Indira Sawhney judgment,
the National Commission for Backward
Classes was set up under the National
Commission for Backward Classes (NCBC)
Act 1993 to investigate the conditions and
the difficulties faced by the socially and
educationally backward classes and to make
appropriate recommendations. The NCBC
have formulated the following guidelines for
considering requests for inclusion in the list of
Other Backward Classes:
Social
(1) Castes and communities generally
considered as socially backward.
(2) (i) Castes and communities, which mainly
depend on agricultural and/or other
manual labour for their livelihood and
are lacking any significant resource
base.
(ii) Castes and communities, which, for
their livelihood, mainly depend on
agricultural and/or other manual
labour for wage and are lacking any
significant resource base.
(iii) Caste and communities, the women
of which, as a general practice, are,
for their/family’s livelihood, engaged
in agricultural and/or other manual
labour, for wage.
(iv) Castes and communities, the children
of which, as a general practice, are, for
family’s livelihood or for supplementing
family’s low income, mainly engaged in
agricultural and/or manual labour.
(v) Castes and communities, which in
terms of the caste system, are identified
with traditional crafts or traditional or
hereditary occupations considered to
be lowly or undignified.
(vi) Castes and communities, which
in terms of the caste system, are
identified with traditional or hereditary
occupations considered to be ‘unclean’
or stigmatised.
(vii) Nomadic and semi-nomadic castes
and communities.
(viii) Denotified or Vimukta Jati castes and
communities1.
(3) Castes and communities, having no
representation or poor representation
in the State Legislative Assembly and/or
district-level Panchayati Raj institutions
(during the ten years preceding the date of
the application)2.
1 This term refers to castes/communities which had been
categorised as Criminal Tribes under the Criminal Tribes Act, 1924,
(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.
2 This is only intended to measure, as an indicator, the presence of a
caste or community in these bodies. The term “poor representation”
may be taken to refer to a caste or community, whose presence in
the body is less than 25% of its proportion in the population.
Criteria for Identification of Backward Sections among Religious Minorities
61
Educational
(4) Caste and communities, whose literacy rate
is at least 8 percent less than the State or
district average.
(5) Castes and communities of which the
proportion of matriculates is at least
20 percent less than the State or district
average.
(6) Castes and communities, of which the
proportion of graduates is at least 20 percent
less than the State or district average.
Economic
(7) Castes and communities, a significant
proportion of whose members reside only
in kutcha houses.
(8) Castes and communities, the share of
whose members in number of cases and
in extent of agricultural lands surrendered
under the Agricultural Land Ceiling Act of
the State, is ‘nil’ or significantly low.
(9) Castes and communities, the share of
whose members in State Government posts
and services of Groups A& B/Classes 1 & II,
is not equal to the population-equivalent
proportion of the caste/community.
(10)In addition to the above, arising from Article
16 (4) the following condition has also to be
fulfilled:
Castes and communities, which are not/are
inadequately, represented in the Central
Government posts & services of Groups A & B.
Each Group/Class should be taken separately.
Implementation of the Existing
Criteria
25. In compliance with the guidelines issued
by the NCBC and adopted by the States
Governments with or without notifications
lists of backward classes including religious
minorities were notified by the Central
Government and the States.
26. The first notification specifying the lists
of Other Backward Classes was notified by
the then Ministry of Welfare, Government of
India on 13.9.1993 for 1238 communities in 14
States. As of now the list has 2159 communities.
Classes belonging to religious minorities are
included in many States.
(a) In the Central list with religion-wise break
up, the number is Hindu 2083, Muslims 52,
Christians 22, and Sikhs 2; Total 2159.
(b) State list with religion-wise break up is
Hindu 2123, Muslim 163, Christians 38,
Buddhist 2, and Sikh 6; Total 2332. The
representation of minority groups among
the OBCs in the Central & State lists is not in
proportion to the population.
Criteria: its Effectiveness
27. The effectiveness of the parameters
prescribed depends on several factors. Firstly,
it must help in identifying the eligible and
deserving which is the basic objective of the
exercise. Parameters should, therefore, have
a scientific basis which makes the process of
identification rational and judicious so that the
chances of its abuse and advantages being taken
by non-eligible is minimal. Secondly, It must
provide for a constant review and exclusion of
those who are able to ‘rise’ above the levels that
determine backwardness. The following will help
us to judge the efficacy/suitability of existing
criteria in identifying the socially, educationally
and economically backward classes.
Procedure Adopted for Preparation
of Lists of Backward Communities
by the Mandal Commission and the
National Commission for Backward
Classes
28. The Mandal Commission report was based
on a limited survey and faulty sample size.
Data collected for Other Backward Classes by
the Mandal Commission therefore had its own
limitations. For e.g.
(i) Collection of data from two villages per
district and one urban Block per district
Report of the National Commission for Religious and Linguistic Minorities
62
in 405 districts cannot be said to be a
representative sample as a large number
of castes which are numerically small were
totally left out.
(ii) The norms of caste-based criteria were not
suited to non-Hindus. Uniform parameters
which were both religion and castenetural
should have been identified to
ensure that the socially, educationally and
economically backward of all communities
irrespective of religion, caste etc., are
equally included.
(iii) Indices that are unstable unscientific and
difficult to implement and for which no
firm data available:
(a) Castes/classes considered backward
by others the criteria is subjective and
not scientific.
(b) Castes/classes where at least 25
percent females and 10 percent males
above the state average get married
at an age below 17 years in rural
areas and at least 10 percent females
and 5 percent males do so in urban
areas. Caste/classes are dispersed, no
detailed household caste-wise data is
available, and hence these criteria are
non-implementable.
(c) Castes/classes where the source
of drinking water is beyond half a
kilometer for more than 50 percent
of the households (would require a
detailed house to house village wise
survey).
(d) Castes/classes where the number of
households having taken consumption
loan is at least 25 percent above to
state average.
(e) Castes and communities, the share
of whose members in the State
Government posts and services of
groups A&B/Class I and II is equal to
the population equivalent proportion
of the caste/community – caste/class
wise data not available nor compiled.
(f ) The three criteria adopted
for determining educational
backwardness of a Caste/class –
unsuitable because of the emphasis
on primary education through special
initiatives and also because caste-wise
literacy rates are not collected.
Procedure for Inclusion/Exclusion
29. The procedure prescribed for inclusion/
exclusion is unscientific, ad hoc and
subjection. Procedure prescribed for
inclusion of SCs/STs differs from that applied
to the OBCs. The common factor, perhaps is
that in both cases it rests more on subjective
assessments than scientific principles. In the
absence of any large scale surveys, it needs
to be mentioned that the only caste based
data on backward classes is available 1931
Census only. No record on the basis of caste
is available thereafter and in the absence of
caste based data it is difficult to accept any
enumeration, on the basis of caste as a criteria
for backward classes, as foolproof. Similarly
it would be difficult to accept the projections
of the percentage of population made on the
basis of data which is not available.
30. A review of the criteria laid down for the
Scheduled Castes, Scheduled Tribes and
Backward Classes reveal many inconsistencies,
some of which may be summarised as
follows:
(i) Whereas identification of Scheduled Castes
and Scheduled Tribes is made by the
Parliament and Notification issued as a
Constitutional Order, in the case of Other
Backward Classes, the resolution is notified
as an Executive order.
(ii) Whereas the lists of SC and ST can be
modified by the Parliament only, in case of
OBC, changes can be recommended by the
Commission, known as Backward Classes
Commission.
(iii) Whereas SC and ST lists are State/UT
specific, there are two lists for OBCs, one
state specific, and the other known as
central list. A community could be specified
for a part of the State also.
31. In this regard it may be mentioned that
the National Commission for Backward
Criteria for Identification of Backward Sections among Religious Minorities
63
Classes was asked to review communities for
exclusion as required under the Act, every ten
years. The Chairman National Commission
for Backward Classes in his letter dated
5.8.2003 addressed to the Union Minister for
Social Justice and Empowerment observed:
“in the absence of the data the Commission
requires to identify castes/communities that
have ceased to be backward, none of the
castes/communities notified in the Central
lists may be deleted at this stage”
32. From the above, it is apparent that the
number of castes/classes included far exceed
those excluded from the lists. The point to
be noted is that the number of OBCs has
increased manifold. No assessment of
population which is likely to be added is made
while recommending inclusion. It is a fact
that the number of backward classes in the
lists has increased despite the investments in
developmental activities and special provisions,
initiatives and policy for positive discrimination
in favour of Scheduled Castes, Scheduled
Tribes, Other Backward Classes and Minorities
followed by the Government in the last several
decades. This by itself is indicative of the fact
that the considerations other than actual
socio-economic backwardness of classes are
perhaps responsible for increasing tendency of
communities and governments for recognising
new castes/classes. Political considerations
clubbed with vested interest in remaining
backward due to advantages available is
perhaps largely responsible for this situation.
Ordinarily, more ‘classes’ or castes and tribes
becoming ‘Backward’ should raise serious
doubts about the efficacy of the strategies,
policies, programmes evolved and being
implemented for raising the socio-economic
status of backward and weaker communities
for the last 50 years. It is indicative of failure to
reach out to the deserving.
Anomalies in Identification of Backwards
33. Anomalies and loopholes in identification
of the eligible due to procedure adopted was
pointed out from the very beginning by various
agencies. Some of them detailed below would
give an idea of the anomalies pointed out:
33.1. The first Commissioner for Scheduled
Castes and Scheduled Tribes, Government
of India, Shri L.M. Shrikant had pointed
out that the process adopted for listing
the communities as Scheduled Castes or
Scheduled Tribes was not rigorous enough
to ensure that the communities included in
the schedules did satisfy the criteria or had
the requisite characteristics in the entire
State in which they were scheduled. He also
wrote that if the ultimate goal of classless and
casteless society is to be attained, the list of
Scheduled Castes and Scheduled Tribes and
even of Other Backward Classes will have to
be reduced from year to year and replaced in
due course by a list based on the criteria of
income-cum-merit (1957-58).
33.2. Estimates Committee (Forty-eighth
Report for the year 1958-59) of the Parliament
also observed that preference be given to the
less advanced among the Scheduled Castes and
Scheduled Tribes in provision of all facilities.
The tendency on the part of some castes and
tribes to get themselves listed as backward
merely to get concessions is undesirable and
must be discouraged.
33.3. Lokur Committee (Shri B.N. Lokur
was Secretary to the G.O.I., Ministry of Law)
considered the revision of SC and ST lists and
submitted a report to the Government of India
in 1965.
33.4. The report pointed out that in several
States, we have come across a multitude of
organisations of castes and tribes whose main
object is to secure or retain a place in the lists
of Scheduled Castes and Scheduled Tribes and
that the more advanced communities regard
the reservation of seats in the Legislatures as
the most attractive of these facilities.
33.5. He also pointed out it has been in
evidence for some time that a lion’s share of the
various benefits and concessions earmarked
Report of the National Commission for Religious and Linguistic Minorities
64
for the Scheduled Castes and Scheduled Tribes
is appropriated by the numerically larger and
politically well-organised communities. Time
has come to do away gradually with these
privileged classes.
33.6. Emphasis should be on the gradual
elimination of the larger and more advanced
communities from these lists, and on focusing
greater attention on the really backward
sections, preferably by applying an economic
yardstick.
33.7. Weaker sections of society should be
defined and criteria for special assistance laid
down on the basis of economic status and
educational and social backwardness. This
would result in larger and larger sections of
society passing out of the category requiring
special assistance and enable them to attain
social equality, while safeguarding the interests
of those who are still in need of such special
assistance.
33.8. The time has come when the question
of de-scheduling of relatively advanced
communities should receive serious and urgent
consideration. A deadline may be fixed when
the lists of Scheduled Castes and Scheduled
Tribes are totally dispensed with.
33.9. State-wise 171 Scheduled Castes and 131
Scheduled Tribes were identified by the Lokur
Committee for exclusion.
34. Similarly the Study Team on Tribal
Development Programmes Committee on
Plan Projects, (Planning Commission 1969) -
P. Shilu Ao suggested be taken to deschedule
on the one hand the more advanced tribal
communities and on the other, to exclude
communities which ought never to have
been included in the list of Scheduled Tribes.
Certain anomalies have arisen largely because
of the absence of clearly defined principles or
criteria governing the classification of tribes.
The Committee suggested that a high powered
Commission, consisting among others, of
anthropologists, social workers, administrators
and legislators may be appointed, as and
when necessary, to draw up a revised list of
Scheduled Tribes on a scientific basis.
Problems of False Caste /Community
Certificates
35. In many parts of the country members of
certain Hindu Castes and classes, religious
minorities try to identify themselves as SCs
or STs persons and thereby fraudulently avail
of the benefits intended for the categories to
which they are actually not entitled. In this
endeavor phonetic similarities between the
names of their communities and those of
certain Scheduled Tribes come to their help.
36. Use of area nomenclatures in the lists of SCs
and STs has created other serious problems.
For example, the list of the Scheduled Tribes of
Himachal Pradesh includes Kanaura/Kinnara
based on the name of Kinnaur District. Besides
any permanent resident of that district, even if
he is a non-tribal, can claim to be a Scheduled
Tribe person on account of the vulnerable
nomenclature used in the list. Similarly, the
list of the Scheduled Tribes of Uttar Pradesh
(now Uttaranchal) includes ‘Jaunsari’ based
on the name of Jaunsar Pargana of Dehra Dun
District. They are divided into several castes,
viz., Brahmin, Rajput (Khash), Badi, Bajgi and
Kolta. The last two communities are custom
treated as ‘untouchables’ and the condition
of Koltas is particularly depressing. It is only
Koltas and Bajgis who really deserve the
Scheduled Tribes or Scheduled Caste status.
They stand little chance of availing of any
benefits, which are monopolised by Brahmins
and Rajputs in the name of Jaunsaris. The area
name adopted for the communities living
therein was based on the premise that all the
people living in that area had a common social
system and could be reasonably classified as
such. But the fact is that the status of people
living within an areas varies from family to
family. When this anomalous situation came
to the notice of the Government, a legal
interpretation followed which entitled all these
outsiders the privilege of the Scheduled Tribe
status at the cost of the deserving.
Criteria for Identification of Backward Sections among Religious Minorities
65
37. Of late issue of false SC/ST certificates has
assumed alarming proportions in several
States. This is also due to the fact that there
is a stake in ‘backwardness’. The unscientific
basis for inclusion and exclusion, the highly
subjective manner of identification and
parameters which cannot be assessed have
left the field open for the ineligible to obtain
caste/class certificates for syphoning benefits
available to the backwards.
38. It is apparent from modifications
carried out in the SC, ST and OBC lists, that
Government gave weightage for inclusion
of communities rather than excluding
them. The task of inclusion and exclusion of
communities has not been evenly balanced
and the additions to the lists have been
increasing though they should have been on
the decrease due to large scale investments
for these categories. This trend has been
going on marginalising the deprived and the
poor. Unfortunately, the benefits available
have led to communities perceiving a stake in
‘backwardness’. The people at the bottom of
Indian society have remained isolated even
after nearly six decades of independence
of our country. It would be difficult to
justify increase in the number of ‘backward
classes’ after decades of concerted action for
improving their lot through interventions
for their development. It is apparent that
in making additions to this category, the
causes have been other than their social and
economical backwardness. Vested interests
and political consideration have been
responsible for inclusion.
39. The practice of untouchability is forbidden
under Article 17 of the Constitution. There
is adequate evidence to establish that in
the last 60 years the nature and extent of
untouchability as a practice in cities and towns
has considerably changed and is visible in a
diluted form. In fact demarcation between the
high castes and low castes in cities specially
is public places has become meaningless.
The SCs, STs and OBCs have benefited from
developmental programmes, particularly in
the field of education, health, agriculture,
rural development and income generation
programmes. Besides infrastructure and
communications development have impacted
favourably everywhere and all areas, groups
have been exposed to improved technology
and better opportunities. The pace of social
change has quickened since independence and
there has been significant improvement in their
level of literacy and reduction in poverty line
indices. No reasonable person can claim that
social, educational and economic position of
any non-SC or non-ST has deteriorated to such
an extent as to justify a fresh claim for special
treatment as a ‘Backward Class’ of a group not
included.
Inclusion as a Class/ Goup/Caste/Tribe
40. Additionally, the inclusion of an entire
caste, tribe or class in the list, is contrary to
the principle of social justice. No ‘caste’, or
class or tribe suffer from social, economic and
educational deprivations as a whole. The last 60
years have seen substantial changes in terms of
exposure and development in rural and urban
areas. Access to education, health and other
services, market economy due to developmental
initiatives, industrialisation and spread of
communications networks have bridged the
gaps between these areas and reduced the
differences between various categories of
people. They have also accentuated differences
within communities, castes, tribes to an
extent that it is no longer possible to identify
any group or class as a homogenous group in
terms of social, economic and educational
backwardness on the basis of criterion adopted
for identifying them. Class or caste or tribe as
a criterion identifying the socio-economic
backward has become totally irrelevant. The
only option is to identify families that are
socially and economically backward and devise
criteria that are implementable.
Observations of the Commission
41. From the foregoing it is apparent that the
existing criteria for identifying the socially
and economically backward whether based
Report of the National Commission for Religious and Linguistic Minorities
66
on caste or tribe or class has not been totally
satisfactory for several reasons. The reliability
of the lists prepared is highly questionable as
it is not based on any scientific data. In the
absence of reliable data, a large-scale survey
should perhaps have been undertaken before
the lists were prepared. Neither in the case of
SCs, nor of STs such a survey was undertaken
either before or after independence. The OBC
lists which were prepared by the Mandal
Commission and thereafter by the NCBC and
State Governments on the basis of limited
information and relied heavily on subjective
assessments. The procedure adopted for
‘inclusion’ has been unduly easy specially
in the case of OBCs and has had little to do
with the social and economic backwardness
of these included. Both at the Central level
and in States instances can be cited to
establish that political considerations have
largely guided ‘inclusions’. The dynamics for
inclusion suggests that whether it be ‘Jats’ or
Vokkalingars’ contingencies arising out of
political compulsions have guided inclusion
rather than the concern for the backward
or the need for reaching out to that segment
of the community. The lack of a system to
regularly assess the impact on castes, tribes or
classes enlisted of schemes and programme
under implementation, to exclude categories
either wrongly included in the list or no longer
being eligible, has further complicated the
situation. Non-exclusion of the ineligible has
marginalised the poorest and most backward
amongst various categories including the
minorities. It is little wonder, therefore that
the tensions between groups are increasing
and the demand for exclusion of the ‘creamy
layer’ is gaining ground amongst all groups.
42. On account of the inherent deficiencies in
the existing lists and the yardsticks adopted
and applied in implementing programmes for
backward castes and classes, the efforts made
through planned developmental initiatives
for improving the socio-economic status
of socially, educationally and economically
backward segments of society has not been
achieved uniformly and leaves much to be
desired. There is a growing dissatisfaction
amongst all categories – SCs, STs, OBCs
and minorities with existing dispensation.
Dissensions are growing within communities
since the poorest and most backward in each
category whether included in the list or not
have not been able to benefit from the services
and facilities being provided for ameliorating
their poverty and enhancing their socioeconomic
status for various reasons. The
better off or socio–economically better
have taken advantage of the opportunities
provided through programmes. During
the tours of the Commission to various
States, strong views were expressed both by
Government representatives and NGOs, and
experts that the need for excluding the creamy
layer effectively was urgent as the benefits
from programmes are not percolating to
the poor backward as the creamy layers are
accessing them. It was felt that creamy layer,
should be excluded from all lists including
that of SCs and STs. There was also a near
consensus that ‘religion’ or ‘castes’ do not
determine ‘socio-economic backwardness.
Poverty is not religion or caste based and the
socially, economically backward should be
identified on uniformity applicable criterion
throughout the country irrespective of caste,
creed / religion affirmatives.
43. In fact questions were often raised on the
commitment of the political and executive
leadership over the years towards the poorest
and not backward.
44. During the visit to States/UTs, the
Commission sought the views of Governors,
Chief Ministers, Political Leaders besides
NGOs and academicians on the criteria for
determining backwardness among the religious
minorities.
45. This Commission was informed by the
State representatives that in the absence of
any authentic survey, real picture cannot be
obtained. It is very difficult to know how many
families of a particular caste lived in slums
and were deprived of basic needs of drinking
Criteria for Identification of Backward Sections among Religious Minorities
67
water, toilets and electricity. There is no record
in the district office to assess the persons who
dropped out of educational institutions and
at what levels. Income of the family varies
from year to year and there is no mechanism
by which it is computed and authenticated.
However, the following suggestions were made
for determining backwardness:
(a) Religion does not make any one backward.
Separate criteria for identifying poor on
the basis of religion are therefore, not
required.
(b) In India of 21st century, neither ‘caste’ nor
class is a homogenous unit and therefore
‘Family’ should be considered as a basic
unit. The poorest of the poor families should
get opportunities for advancement. Those
falling in the creamy layer category should
be excluded from the lists of backwards.
(c) Familywise data should be collected and
treated as valid for at least ten years and
renewed periodically.
(d) A family which does not have any
member with an educational level of High
school may be considered educationally
backward. Likewise, Level of education
of girls in a family may also be taken into
consideration.
(e) Social backwardness should include people
hailing from geographically isolated and
remote areas.
(f ) Benefits of reservations should be made
time-bound and for one generation only or
for not more than 50 years.
(g) Misuse of the benefits by those submitting
false/fake certificates should be dealt with
seriously.
46. The population of religious minorities
in the Urban areas is substantial while Sikhs
are more or less equally divided between the
Rural and Urban areas; Muslims, Christians,
Buddhists and Jains are more urban based
than rural based. Substantial portion of the
population of religious minorities described
as other religions and persuasion’s is rural
based. The majority community of Hindus is
more rural based though almost 76 percent of
them live in the Urban areas.
47. The population of religious minorities
living Below Poverty Line is available in the
55th round collected by NSSO in July, 1999-
2000 is also indicative of the backwardness and
poverty of various communities (Statement).
While in the rural areas the percentage of
families Below Poverty Line is approximate by
same for the Hindus and Muslims; it is higher
for Muslims for the urban areas. As against
21.66 percent Hindus living Below Poverty
Line, 36.92 percent of Muslims living in urban
areas belong to the Below Poverty Line group.
More Christians (19.82%) are poor in the rural
areas as against urban (11.84%). There are
few Sikhs (2.95%) living Below Poverty Line
in the rural areas though almost 11 percent of
their population living in Urban areas forms a
part of the Below Poverty Line. Of the other
religions 33 percent live Below Poverty Line
in Rural areas and 18.5 percent Below Poverty
Line in the Urban areas.
48. The causes for poverty and socio-economic
backwardness vary between the Rural and
Urban areas. These differ on account of type
of trade and activities, which are perused by
families, as also due to access to services,
opportunities for self employment etc.,
For example the Urban areas offer greater
opportunities for self employment and wage
employment as also in the services sector. In
the Rural areas the families depend more on
agriculture related activities and poverty line
is determined by assets owned by way of land
etc. or otherwise. The cost of living also varies
between the Rural and Urban areas on account
of various factors. It is therefore, necessary to
have different scales for identifying the socially
and economically backward, in the Rural and
Urban areas. While the criteria applied in
rural areas is determined by the social and
economic status in the areas, in urban areas,
the determinants have to be more economic
than social.
49. It is apparent from the above that the
criterion for identifying the socially and
economically backward should satisfy the
following norms:
Report of the National Commission for Religious and Linguistic Minorities
68
(i) Religion, caste or class do not determine
‘Backwardness’ and therefore, there is a
need for evolving a uniform criterion.
(ii) Caste, religion, class are no longer
homogenous groups. They include both
the backward and forward categories
literate and illiterate, socially and
economically advanced and backward
also. Hence, the socially and economically
backward amongst all categories should
be identified on the basis of a uniform
criteria.
50. We have already examined the criteria
adopted for identifying the OBCs on the
basis of class/caste and pointed out the
contradictions and anomalies that hinder
the identifications of the socially and
economically backward of all categories
including the minorities. The existing
criteria for identifying the backward classes
among the minorities based on the criteria
suggested by the National Commission for
Backward Classes is therefore, not suitable
or appropriate. No separate criteria has
been laid down for identifying the minorities
amongst the backward communities. The
government of India has, however, followed
a multi-pronged policy. While ensuring
access to social, economical and educational
programmes to the minorities through General
schemes, greater thrust for accelerated growth
is provided through special programmes for
educational and economic development
which are implemented through specialised
agencies for the socially and economically
backward amongst them. They are selected
on the same criteria as is applied to similarly
placed others groups.
51. Recognising the fact the special
programme for SC/ST/OBCs and Minorities
may still not reach the poor amongst these
categories. The Constitution under Article
46 provides that the state shall promote with
special care the educational and economic
interests of all the weaker sections. The
weaker sections are caste and religion
neutral.
Identification of Families below
Poverty Line
52. Article 46 however also mentioned another
category of weaker sections which like tribals
and OBCs are caste and religion neutral.
In order to reach out to the weak and poor.
Government evolved a strategy of identifying
people living below poverty line. The aim
is to identify the poor on the basis of social,
educational and economic determinants for
backwardness with a view to improve their
economic status.
53. To reach out to the weaker and the poor
the Government has evolved a strategy of
identifying people living below poverty line.
The aim is to identify the poor families on
the basis of social, educational and economic
determinants of backwardness with a view to
improve their economic status as that holds
the key to social and educational development
as well.
54. Though the Ministry of Rural Development
at the Government of India level has
been implementing the integrated rural
development programme since 1980 on the
basis of poverty line estimates defined by
the Planning Commission, during the 8th
Five Year Plan period (1992-97) the need for
a systematic survey of BPL families was felt
because of the feed back received through the
concurrent evaluation. The evaluation report
had brought out that a significant portion of
the benefits of the programme had gone to
either ineligible categories or to the non-poor
pointing out the discrepancies in identifying
the poor.
55. The BPL Survey undertaken for the 8th Plan
revealed large scale discrepancies between the
survey results and official State-wise Poverty
Estimates made by the Planning Commission
based on the Consumer Expenditure Survey
of NSSO. In order to prevent a situation of
ineligible households getting the benefits of
the programmes of the Ministry exclusion
criteria was incorporated. The Expert Group
Criteria for Identification of Backward Sections among Religious Minorities
69
set up for BPL Census 2002 recommended the
methodology of Score Based Ranking of each
household indicating their quality of life. For
this purpose, 13 socio-economic parameters
which included size of land holding, type of
houses, food security, sanitation, ownership
of consumer durables, literacy status, means
of livelihood, indebtedness and migration
etc. were adopted.
56. The Ministry of Rural Development
observed that while finalising the
methodology for BPL Census 2002, it was
acknowledged that identification of poor is
a much more complex and sensitive process
as compared to poverty estimation. There
are many factors such as geographical
position, climatic conditions, and cultures
etc., which influence the poverty level and
quality of life of the people. Broadly, the
methodology suggested for the BPL Census
2002 was appreciated and considered to be
an improvement over the methodologies
followed during the previous BPL Surveys
mainly on account of the fact that it was
more objective, transparent and provided
flexibility to the States to decide the number
of BPL households after taking into account
the local factors. However, the States had
some reservations on adoption of uniform
criteria through out the country.
57. The 13 parameters are (1) Land, (2) House,
(3) Clothing, (4) Food security, (5) Sanitation,
(6) Consumer durables, (7) Literacy, (8) Labour
force, (9) Means of Livelihood, (10) Status of
children, (11) Indebtedness, (12) Migration
and (13) Preference of Assistance. A copy of the
schedule indicating socio-economic scorable
parameters prescribed for BPL Census 2002 is
at Appendix 7.1. Each of the 13 parameters has
been given four points making a total of 52. One
who scores the least is the poorest.
58. The criteria for identifying the Below
Poverty Line families is better for identifying
the socially and economically backward
than any other existing criteria adopted
for identifying the backwards either on the
basis of Caste/Tribes, or that adopted for
identifying the Other Backward Classes. Some
of the reasons for this are:
(1) The Parameters adopted are religion and
caste neutral and identify families which
are socially and economically backward
on a uniform scale. It is, therefore, more
rational and just.
(2) The identification is better because it is
based on household survey which takes
into account the status of each family. It is,
therefore more focused on the socially and
economically poor and deserving.
(3) The coverage under the programme is
better and all inclusive as a large percentage
of Below Poverty Line families constitute
other than Scheduled Castes and Scheduled
Tribes as it apparent from the Table 6.1
prepared only with reference to States from
which information is available.
The large percentage of Non SC/ST Below
Poverty Line Families indicates that the
Minorities are inter-alia covered under the
programme.
(4) The procedure is more scientific, rational
and transparent as it provides for
corrections. It is based on house to house
survey and makes provision for dealing
with complaint regarding exclusion and
inclusion at the field level.
(5) It provides for regular revision of the list
every five years, which would automatically
exclude families which may have risen
above poverty line and include those that
may need special support.
(6) In the absence of data with regard to income
etc. especially in rural areas, the procedure
adopted for obtaining approval of the
Gram Sabha, reduces chances of abuse to a
minimum. It, therefore, provides for checks
and balances which fix responsibility
and accountability at the level at which
knowledge about status of all families is
maximum.
59. However, the applicability of the 13
Parameters prescribed still needs to be
assessed. The inclusion of basic needs like
house, sanitation facilities, drinking water
Report of the National Commission for Religious and Linguistic Minorities
70
etc. for determining backwardness of poverty
requires assessment as these become counter
productive as they have the potential to negate
or dampen the desire for improving the living
standards by investing in them.
60. The BPL criteria discussed above relates
to the rural poor. A substantial population of
poor lives in urban areas also. The percentage
of population below poverty line by States/
UTs for the year 1999-2000, on the basis of
30 days recall period, was estimated by the
Planning Commission to be 27.09 percent in
rural areas and 23.62 percent in urban areas.
In 1999-2000 the Planning Commission got
a survey conducted to estimate the levels of
Table 6.1: State-wise Details on BPL SC, ST, and Non SC/ST Families: 1997
S.No. State No. of Rural
Families
Below
Poverty
Line
Families
%
Below
Poverty
Line
SC
BPL
Families
ST
BPL
Families
Non
SC/ST
BPL
Families
%
Non SC/ST
BPL
Families
1. Andhra
Pradesh
10484028 4184627 39.91 1117654 465829 2601144 62.16
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
Pradesh
1036996 286112 27.59 107057 19105 159950 55.90
8. Jammu &
Kashmir
297125 299125 100.00 6000 128379 164746 55.08
9. Karnataka 6479832 2202756 34.00 650232 314993 1237531 56.18
10. Kerala 4714295 1723556 36.56 335280 46847 1341429 77.83
11. Madhya
Pradesh
11651082 5111874 43.87 980450 180287 3951137 77.29
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 &
Nagar Haveli
26237 17231 65.67 215 16617 399 2.32
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 64.34
Source: NSSO
poverty in each State among various religious
communities. The findings of the survey are as
given in Table 6.2.
61. There is no regular household survey
Table 6.2: Levels of Poverty Communitywise
in Rural and Urban Areas
% Below
Poverty (Rural)
% Below Poverty
Line (Urban)
Hindu 27.80 21.66
Muslims 27.22 36.92
Christians 19.82 11.84
Sikhs 2.95 10.86
Others 33.05 18.51
Source: Planning Commission: 1999-2000
Criteria for Identification of Backward Sections among Religious Minorities
71
undertaken for identifying the socio
economically backward poor in the urban
areas. Estimation of poverty and identification
of poor, though closely related, are not one
and the same. While estimation of poverty
helps in assessing the magnitude of poverty,
identification of the specific households
living “Below the Poverty Line” is necessary
for targeting them under various poverty
alleviation programmes.
62. The Planning Commission has been
estimating the incidence of poverty at national
and State levels using the methodology
contained in the report of the Expert Group on
estimation of proportion and number of poor
(Lakdawala Committee) and applying it to
consumption expenditure data from the large
sample surveys on consumer expenditure
conducted periodically by the National
Sample Survey Organisation (NSSO). Poverty
estimates made on this basis are released by
the Government of India, periodically.
63. Both the Planning Commission and Union
Ministry of Housing and Urban Poverty
Alleviation were consulted. They were of
the view that household survey at regular
intervals needs to be taken up for all urban
areas and the parameters should comprise
both economic and non-economic indices.
Though no uniform pattern for identifying
the poor has been adopted which would
apply to all urban poor, various Departments
have evolved criteria for identifying the poor
beneficiaries under various urban poverty
alleviation schemes being implemented by
the Ministry. For e.g. in the Swarna Jayanti
Shahari Rozgar Yojana a seven parameter
criteria has been adopted. Kerala State under
its State Poverty Eradication Mission called
Kudumbashree Mission has adopted nine
parameter criteria which indicates risk levels
of the families covering both urban and
rural populations. The Velugu programme is
being implemented in Andhra Pradesh for
identifying the poorest amongst the rural
poor. Participation of the community in both
Kudumbashree and Velugu projects is crucial
in identifying the poor.
64. For evolving criteria for identifying
both urban and rural poor and socially
and economically backward irrespective of
caste, class and creed etc. different norms
will have to be evolved keeping in view the
social, economic and educational status of
the households and the local conditions. This
can only be evolved by an Expert Committee
representing different disciplines on the
basis of evaluation study which must first
be undertaken to assess the adequacy and
suitability of the existing criterion. Appendices
7.2 and 7.3 give brief descriptions of various
parameters adopted for identifying for the
poor households by the Rural Development
Ministry, Urban Development and Poverty
Alleviation Ministry and the Velugu and
Kudumbashree projects referred to above.
65. In view of the foregoing, it is apparent that
all lists (SC/ST/OBC) have been prepared
without any scientific basis (no data base
as no surveys undertaken), the anomalies
in ‘identification’ and ‘inclusion’ of castes,
tribes, classes have arisen from subjectivity
and political consideration which have
denied benefits of ‘schemes’ and programmes
approved for their upliftment to be really
backward. In order to ensure that ‘benefits’
reach the poorest and weakest, it is necessary
that those who have reaped advantage from
Government programmes are excluded on a
regular basis and criteria evolved which takes
into account the local condition, the family’s
social and economic status and responsibilities
and in no way either encourages a stake
in backwardness or adversely impacts on
an individual or household’s initiative or
investments necessary for enhancing status.
Report of the National Commission for Religious and Linguistic Minorities
72
Chapter 7
MEASURES FOR WELFARE AND DEVELOPMENT OF
MINORITIES
Approach towards Welfare and
Development of Minorities
1. India is a multi cultural society comprising
several major and minor religions, languages
and ethnic groups. An ancient society but a
young state, India has upheld a long tradition
of coexistence among people of different
stocks, different religions, faiths and cultural
beliefs, customs and languages. What holds
this marvellously diverse society is the dictum
of unity Vasudeva Kutumbhakam that we are
all but one family of human beings and our
being together and staying together is what
can add to our rich multicoloured cultural
fabric and heritage. The Constitution of
India has not only upheld the long secular
tradition where people of many faiths have
lived together in harmony but also makes
special provisions to protect the educational
and cultural rights of all minorities, religious
and linguistic. Articles 29 and 30 of the
Constitution of India guarantee the rights
of the minorities, religious and linguistic.
Articles 29 and 30 of the Constitution of
India guarantee the rights of the minorities
to conserve the language, script and culture
and to establish and administer education
institutions of their choice whether based on
religion or language.
Removal of Disparities and Inequalities
2. India took the road to planned development
keeping in view the vast regional and inter
group disparities at the time of Independence.
It was considered necessary to take up national
initiatives for socio economic development for
removing the distortions of the past through
a conscious policy of state intervention into
the highly iniquitous social stratification
structures. India’s development planning rests
on the twin planks of growth and justice and
is aimed at raising the quality of life of her
people.
3. The Constitution of India provides a strong
framework for socio legal action for removal
of disparities (a) by writing in the equality
clauses prohibiting discrimination on the
basis of religion, race, caste, sex, or place of
birth, and (b) empowering the State to make
special provisions for women and children
and for the historically disadvantaged sections
of population, the scheduled castes (SC) and
scheduled tribes (ST) and other backward
classes (OBC) (protective discrimination) in
violation of the fundamental obligation of
non discrimination. This was considered to
ensure de facto equality through strong equity
measures and policies. In post independence
India, a large number of constitutional and
legislative measures and many forward looking
policies and programmes have been directed
at integrating the historically disadvantaged
sections of society to include the Scheduled
Castes (SC), Scheduled Tribes, Minorities
and Women in the mainstream of national
development.
4. Welfare and development of weaker
sections, including the SCs, STs, OBCs,
minorities and those below the poverty line (
BPL), has been a priority on the developmental
agenda. A large number of welfare measures
have been taken specifically for the benefit
of weaker sections, primarily targeting the
Measures for Welfare and Development of Minorities
73
scheduled castes (SCs), scheduled tribes (STs),
other backward classes (OBCs), and the people
who subsist below the poverty line (BPL).
From time to time, a special thrust has been
provided for the minorities. It is important to
appreciate that a very significant proportion of
members of minority communities fall within
the above mentioned categories. There are
minorities within the BPL category, and within
ST and OBC categories as well. The overall
aim of these welfare measures is to bring
about social justice and empowerment of the
weaker sections, through ensuring equitable
opportunities at every level. The minorities
were expected to benefit equally from the
large number of developmental programs and
targeted schemes, enacted and implemented
for weaker sections of society.
5. In analysing the welfare measures that
affect the status of minorities, efforts made
by the central and state governments to reach
education, health services, subsidised food,
drinking water, shelter, and other basic needs
to the people have to be included. Several
schemes are being implemented for poverty
alleviation, rural and urban employment,
formation of self help groups (SHGs) aiming
at income generation, and so on. All these
schemes have an impact on the well being of
the citizens of India, irrespective of religion.
Since socially and economically backward
among the minorities are part of weaker
sections, such schemes are expected to have a
positive impact on their status and well being.
6. Prominent among programmes, schemes
and institutions available to all populations
currently are: ICDS and Early Childhood Care
and Education (ECCE), Sarvshiksha Abhiyan
with focus on SC, ST, BPL, OBC, Minorities and
Girls; Swrnajayanti Gram Swarozgar Yojana
(SGSY), Swrnajayanti Sahari Rozgar Yojana
(SSRY), Sampoorna Grameen Rozgar Yojana
(SGRY), National Rural Health Commission,
Jawaharlal Nehru Urban Renewal Mission,
National Slum Development Programme,
The Bharat Nirman Programme (Irrigation,
Rural Housing, Rural Water Supply, Rural
Electrification, Rural telephony, Water
Conservation Ground Water Management,
Rain Water Harvesting, Micro Irrigation);
National Rural Employment Guarantee
Programmes/Act, The National Commission
On Farmers, National Horticulture Mission,
Joint Forest Management; Access To Credit &
Risk Management, Focus On Priority Sector
Lending, Micro Credit; Micro Small and
Medium Development Act of 2006; State
Financial Corporations; SIDBI, NABARD,
National Highway Development Programme,
among others. However, keeping in view
the specific problems and requirements of
some groups and areas, separate provisions
are made through enactment and special
programmes/ interventions, as in the case
of SC, ST, OBC/Minorities, Women, Children
backward regions/districts, the unemployed
and the poor among all.
7. Social justice requires that fundamental
human rights of the members of all communities
are protected by the State. To promote inter-faith
harmony and a secular ethos in all parts of the
country, central and state governments from
time to time pro-actively encourage training
for the police, armed forces, administrators
and other functionaries, to sensitise them to
the relevant issues. Efforts are being made to
promote citizens’ inter-faith groups, meetings
with religious leaders of all communities,
neighbourhood peace committees, and other
similar measures, particularly in areas that are
prone to communal tension. The New 15-Point
Program for Minorities outlines a framework
within which the welfare of minorities can be
ensured through due democratic processes,
with the involvement of civil society groups
and enlightened members of minority as well
as majority groups.
8. Secularism can best be implemented when
people are committed to principles of equality,
social justice and respect for diversities.
Indian secularism emphasises absolute and
unconditional equality of all religious faiths
in the country. The framework of religious
and cultural pluralism is being consciously
Report of the National Commission for Religious and Linguistic Minorities
74
preserved, so that India continues to have
a mosaic of different religions, cultures and
languages. Preserving the composite culture,
and promoting harmony and the spirit of
common brotherhood, is enjoined on all
citizens and the State.
Planned Development of Minorities:
Policies, Programs and Statutory
Mechanisms
Five Year Plans
9. The process of planned development, guided
by the Constitution and framed by Five-Year
Plans, has affected every section of the Indian
population, irrespective of community, caste
or class. In the initial years, a separate focus
on minorities was not considered necessary,
since developmental planning in India
unleashed a process of growth and all-round
development, which had an effect on the
minority groups as well. All the weaker sections
of society benefited from welfare measures
launched for SCs, STs, OBCs, schemes for
artisans, educational and health programs,
schemes for underdeveloped regions, and the
poverty-alleviation schemes. However, from
time to time, a special thrust was provided
for minorities as well. This additional thrust
has become more prominent in the previous
decade, particularly since 2001, and with the
Tenth Five Year Plan (2002-07). This is because
by then some issues of access emerged, with
some gaps showing up in the achievements
with regard to minorities.
10. In the Eighth Plan (1992-97), three
national-level apex bodies were set up to give
a greater thrust to the economic development
of weaker sections of society. These apex-level
bodies were: (i) The National Backward Classes
Finance and Development Corporation
(NBCFDC, set up in 1992); (ii) The National
Minorities Development and Finance
Corporation (NMDFC, set up in 1994-95); and
(iii) National Safai Karamchari Finance and
Development Corporation (NSKFDC, set up
in 1996-97). While NMDFC was specifically
meant for the religious minorities, the other
two included them amongst the targeted
beneficiaries.
11. The Ninth Plan (1997-2002) envisaged
effective implementation of various policies
and developmental schemes to bring the
underprivileged groups on par with the rest
of society. It is noteworthy that right from
the start of developmental planning, India,
being a Welfare State, made provision for
food security through the Public Distribution
System, for health through a network of
institutional infrastructure for health services,
provision for nation-wide school education
with scholarships and free ships for poor,
SC, ST, girl children etc. (different provisions
in different states). The Integrated Child
Development Services (ICDS) was launched
(in 1975) to cater to nutritional, health and
ECCE (early childhood care and education) of
children from rural as well as urban low-income
areas. A number of schemes were launched for
women’s welfare and development.
12. The Tenth Plan (2002-07) recognised that
economic growth must be accompanied by
enhancement of human well being. This
would be reflected through achievements
in key indicators of human development
to include poverty reduction, expansion
of employment opportunities, universal
primary education, increase in literacy rates,
reduction in gender gaps in literacy and wage
rates, reduction in population growth rate,
infant mortality and maternal mortality rates,
and universal access to drinking water. The
development strategy adopted in the Tenth
Plan took into account the fact that despite
overall growth, “a large number of our people
continue to live in abject poverty and there are
alarming gaps in social attainments” (Tenth
Plan document). Aiming at equity and social
justice, the Tenth Plan strategy emphasised
agricultural development as a core element,
underlying the need for rapid growth of the
sectors likely to create gainful employment
opportunities including agriculture, smallscale
industries (SSI) with a thrust on special
programmes for target groups that may not
Measures for Welfare and Development of Minorities
75
benefit sufficiently from the mainstream
growth process.
13. The Tenth Plan (2002-2007) explicitly
formulated programmes for social and
economic empowerment of SCs, STs, OBCs and
Minorities in the framework of growth and social
justice . Education, health and participation
in governance were emphasised as effective
instruments for social empowerment of the
weaker sections. Economic empowerment
through specifically designed programmes
best suited to their skills and requirements,
would be re-invigorated. The Tenth Plan
outlined specific protective and promotional
measures for minorities in educational
and economic spheres. Provision of basic
amenities and services to backward minority
concentrated pockets were to be ensured.
Modernisation of education, technical and
vocational education, appropriate technology
and development of entrepreneurship along
with necessary financial support would be
key strategies during the Tenth Plan, leading
to social and economic empowerment of the
minorities.
14. Exclusive efforts in the Tenth Plan were
to be made to promote the educational
development of Muslims, specially of their
women and girl children by modernising
and mainstreaming their traditional
educational system and institutions viz.
Madarsas, through adopting syllabi being
followed in the regular education system.
Both protective and promotional measures
as per the constitutional provisions in favour
of minorities were to be taken in order to
inculcate a sense of security and prevent
marginalisation and isolation of minorities
by mainstreaming and generating responsive
awareness amongst civil society.
Vision for the Eleventh Plan ( 2007-
12): Towards Faster and More Inclusive
Growth
15. The 11th Plan provides an opportunity
to restructure policies to achieve new
vision based on fast, more broad-based and
inclusive growth. It is designed to reduce
poverty and focuses on bridging the various
divides that continue to fragment our society.
The 11th Plan aims at putting the economy
on a sustainable growth trajectory with a
growth rate of approximately 10 percent
by the end of the Plan period. It envisages
productive employment at a faster pace
than before, and targets robust agriculture
growth at 4 percent per year. It also aims
to reduce disparities across region and
communities by ensuring access to basic
physical infrastructure as well as health and
education services to all. Thus, the 11th
Plan is committed to ‘Bringing on Par: SCs,
STs, Minorities and others left behind’ in line
with our constitutional commitment.
16. Education is the one of the most effective
instruments of social empowerment and
is vital for securing horizontal and vertical
mobility. Schemes for the educational
enlistment of the SCs and STs have borne
fruit although the gap between the general
population and the SCs and STs is still at
unacceptable levels and need more vigorous
efforts. Educational programmes need to be
continued with redoubled vigour among all
other backward sections including minorities,
particularly among poor Muslims, who have
fallen far behind the national average in all
aspects, particularly in the field of education.
Areas dominated by backward communities
like poor Muslims will require special
focus in the Social sector and schemes for
creating infrastructural facilities will have
to be properly implemented in these areas.
Further, the Plan will explore ways of creating
incentives for students belonging to these
communities and work towards the economic
and political empowerment of Muslim women
by increasing their access to credit and
ensuring their presence in decision-making
bodies. A 15 point programme for the welfare
of minorities has been circulated to all state
governments which reflects a new beginning
and has the potential of improving the quality
of life of Muslim population. An effort should
be made to ensure that state governments and
Report of the National Commission for Religious and Linguistic Minorities
76
central Ministries/departments implement
this programme. The Planning Commission
may develop appropriate guidelines to ensure
that Plan schemes in the relevant areas are
consistent with this intention.
Initiatives taken for Development of
Minorities
High Power Panel under the
Chairmanship of Dr Gopal Singh
17. In 1983 a High Power Panel was appointed
by the Ministry of Home Affairs headed by
Dr. Gopal Singh. This Committee identified
Muslims and Neo-Buddhists as two
educationally backward minorities at the
national level and proposed special efforts
for bringing them at par with the rest of the
society. Neo Buddhists have since been placed
at par with the SC population for receiving
all the benefits. For Muslim minority, forty
four districts with concentration of Muslims,
based on 1981 Census, were identified for
special attention.
The 15-Point Programme for Minorities,
1983
18. In May 1983, the then Prime Minister
Indira Gandhi issued a 15-Point Directive
on welfare of minorities. The 15-Point
Programme for Minorities announced
in 1983 focused on priority areas such
as: the need to tackle the situation arising
out of communal riots and preventing
further communal riots; ensure adequate
representation of minority communities in
employment under Central and State as well
as Public Sector Undertakings; ensuring flow
of benefits to the minority communities under
various development programmes such as
maintenance and development of religious
places, Wakf properties and redressal of
grievances of the minorities. It was felt that
in many areas recruitment is done through
competitive examinations and often minority
groups are unable to take advantage of the
educational system to compete on equal terms.
Therefore, steps should be taken to encourage
the starting of coaching classes in minority
educational institutions to train persons to
compete successfully in these examinations.
Likewise, acquisition of technical skills by
those minorities who are lagging behind
need to be enhanced as in the long run it
would also help in national development.
Arrangements should be made to set up ITIs
and Polytechnics by government or private
agencies in predominantly minority areas to
encourage admission in such institutions of
adequate number of persons belonging to
these communities.
The National Policy on Education, 1986
19. The need to take special steps to
advance education of Muslims was noted
in the National Policy of Education 1986
its Programme of Action ( Revised in 1992)
and led to formulation of the Area Intensive
Educational Development as a Central
Government Scheme of the Ministry of
Human Resource Development. The National
Policy on Education,1986 states the following
with regard to minorities: “ some minority
groups are educationally backward or
deprived. Greater attention will be paid to the
education of these groups in the interest of
equality and social justice. This will naturally
include the constitutional guarantees given
to them to establish and administer their own
educational institutions, and protection to
their languages and culture. Simultaneously,
objectivity will be reflected in the preparation
of textbooks and in all school activities, and
all possible measures will be taken to promote
integration based on appreciation of common
national goals and ideas, in conformity with
the core curriculum” This has been reiterated
in the Revised Policy Formulations, 1992.
20. The Programme of Action, 1992, first
took note of the existing programmes for
the Muslim Minorities and suggested a large
number of short term, medium term and longterm
measures to promote their education
and technical skills and for their integration
in the mainstream though measures such
as systematic evaluation of textbooks from
standpoint of national integration by the
Measures for Welfare and Development of Minorities
77
NCERT and intensification of orientation
programmes for the Principals/Managers
and training programmes for teachers from
minority educational institutions. The
Programme of Action proposed revamping and
expanding UGC Scheme of Coaching Centres
for students belonging to educationally
backward minorities to cover more minority
concentrated areas; a crash programme for
school improvement to be implemented
on priority basis in minority concentrated
areas and the need to establish monitoring
mechanisms for monitoring of various
programmes for the minorities; location of
schools in minority concentrated areas for
improved access and facility of Urdu medium
schools and teaching of Urdu in all schools
with required number of students belonging to
the Muslim minority. The Women Community
Polytechnics need to be set up in minority
concentrated areas on priority area.
21. Major schemes proposed in the Programme
of Action 1992 include the Centrally sponsored
scheme of Area Intensive Programme for
Educationally backward minorities; the
Centrally sponsored Scheme of Modernisation
of Madarsa education by introduction of Science,
Mathematics, English/Hindi in traditional
Madarsas and Maktabs on voluntary basis; A
Centrally Sponsored scheme of appointment
of Urdu teachers in the states where Urdu is
spoken by substantial numbers; and a Centrally
Sponsored Scheme of language teachers funded
by the Government of India to encourage States
in achieving the targets in respect of minority
education.
22. The Programme of Action also suggested
a number of other schemes e.g. a scheme of
in-service training for teachers from minority
managed institutions in Science, Mathematics,
Social Science, English and Career Guidance
through SCERTs and other Resource Centres;
Scheme of appointment of regional language
teachers in minority institutions for national
integration and implementation of three
language formula; a scheme of remedial
coaching in minority institutions.
23. The scheme for Modernisation of
Madrasa Education, 1992, aimed to provide
mainstream education to children studying
in madrasas, a traditional institution for
educating children among the Muslim
community. During the Tenth Plan period
this scheme was merged with another
scheme, namely, the Area Intensive Program
for Educationally Backward Minorities.
The revised scheme, known as the Area
Intensive Madrasa Modernisation Program
(AIMMP), retains the major objectives of the
previous schemes, i.e. modernising Madrasa
education so that the children can be part of
the national mainstream; and infrastructure
development of identified institutions
catering to educationally backward
minorities.
High level Committee on Social,
Economic and Educational Status of
Muslim Community in India (Sachar
Committee)
24. A High level Committee on Social,
Economic and Educational Status of Muslim
Community in India was set up in 2005 under
the Chairmanship of Justice Rajinder Sachar
by the Prime Minister and the Committee
submitted its report in November, 2006. This
Committee noted with concern the low socio
economic status with higher poverty, lower
literacy and educational attainments, higher
unemployment rates, lower availability of
infrastructure and lower representation in
civil services including police, judiciary and in
elected bodies among Muslim minority.
New 15-Point Programme for the Welfare
of Minorities, 2006
25. A need was felt to review and recast the 15-
point programme for Minorities, to sharply
focus action on issues intimately linked to
the social, educational and economic uplift
of the minorities. While points relating
to prevention of communal riots and
provision of relief to riot victims continue
to have an important place in the revised
programme, there are additional points
more closely linked with the development of
Report of the National Commission for Religious and Linguistic Minorities
78
backward minorities, relating specifically to
employment, education and improved living
conditions. It was felt that the new 15-point
programme was to be necessary because of
the gaps in the previous programme with
regard to amelioration of socio-economic
conditions and enhancement of socioeconomic
status of the minority groups. With
a view to removing this lacuna and having
a more comprehensive programme for
minorities, the Prime Minister’s new 15-point
Programme for Welfare of Minorities was
formulated, and approved by the Cabinet on
22 June 2006. This programme includes:
25.1. Enhancing opportunities for education:
Education is seen as a necessary intervention
to address problems of backwardness of any
community. Opportunities will be enhanced
through the following measures:
(1) Equitable availability of ICDS services:
The ICDS aims at holistic development of
children and lactating/pregnant mothers
from disadvantaged sections through
nutritional and educational inputs. Blocks/
villages with substantial population of
minority communities will be covered
through ensuring a certain percentage of
ICDS projects/centres in such areas.
(2) Improving access to school education:
Elementary schools are being opened
in localities/villages across the country
where substantial population of minority
community lives, under the Sarva Shiksha
Abhiyan, Kasturba Gandhi Balika Vidyalaya
Scheme and other similar government
schemes.
(3) Greater resources for teaching Urdu: Central
assistance will be provided for recruitment
of Urdu language teachers in primary
and upper primary schools that serve a
population in which at least one-fourth
belong to that language group.
(4) Modernising Madrasa education: The
Central Plan Scheme of Area Intensive and
Madrasa Modernisation Programme will be
substantially strengthened and effectively
implemented.
(5) Scholarships for meritorious students
from minority communities: A scheme for
Pre-Matriculation and Post-Matriculation
Scholarships for students from minority
communities will be formulated and
implemented, to ensure that poverty
does not impede continuation of studies
of meritorious students from minority
communities.
(6) Improving educational infrastructure
through the Maulana Azad Education
Foundation: Government shall provide
all possible assistance to the MAEF, to
enable it to expand its activities with the
aim of promoting education amongst the
educationally backward minorities.
25.2. Equitable share in economic activities
and employment: All communities and groups
constituting a nation should have equal share
in economic opportunities and employment.
Proactive measures are necessary if one or
more communities lag behind and become
increasingly marginalised. Undermentioned
Government programs then need to focus
towards these communities, with earmarking
of targets:
(1) Self-employment and Wage employment
for the poor
a) Swarnajayanti Gram Swarozgar Yojana
(SGSY), primary self-employment
programme for rural areas, will have
a certain percentage of physical
and financial targets earmarked for
beneficiaries belonging to the minority
communities living below the poverty
line.
b) Swarnajayanti Shahari Rozgar Yojana
(SSRY), the equivalent programme
for the urban areas, will have a certain
percentage under both its major
components (Urban Self-Employment
Programme and Urban Wage
Employment Programme) earmarked
to benefit people from the minority
communities living below the poverty
line.
c) Sampoorna Grameen Rozgar Yojana
(SGRY), aimed at providing additional
Measures for Welfare and Development of Minorities
79
wage employment in rural areas, will
have a certain percentage earmarked
for beneficiaries from minority
communities living below the poverty
line. A certain percentage of allocation
will also be earmarked for creation of
infrastructure in villages that have a
substantial minority population.
(2) Upgradation of skills through technical
training: Provision of technical training to the
large population of minority communities
engaged in low-level technical work or
in handicrafts would upgrade their skills
and earning capacities. A proportion of all
new ITIs will therefore be located in areas
predominantly inhabited by minorities,
and a proportion of the existing will be
upgraded to ‘Centres of Excellence’ on the
same basis.
(3) Enhanced credit support to economic
activities:
a) The National Minorities Development
and Finance Corporation (NMDFC)
will be strengthened by government
provision of greater equity support to
enable it to fully achieve its objectives.
b) Bank credit, essential for creating and
sustaining self-employment initiatives,
will have a target of 40 percent (of net
bank credit from domestic banks) fixed
for priority sector lending. The priority
sector includes agricultural loans,
loans to small-scale industries and
small businesses, loans to retail traders,
professionals and self-employed
persons, educational loans and microcredit.
A certain percentage of prioritysector
lending in all categories will be
targeted for the minority communities.
25.3. Recruitment to State and Central
services: Recruitment of personnel for
police personnel at State and Central levels
will be advised to give special consideration
to minorities. In the case of Railways,
Nationalised banks and the Public sector
enterprises, such special consideration will
also be ensured. Also an exclusive scheme
will be launched to provide pre-examination
coaching for competitive examinations in
government and private institutions for
candidates from minority communities.
Government will also provide funds to pay
the fees on behalf of meritorious candidates
from minority communities.
25.4. Improving the conditions of living of
minorities: A large number of people belonging
to minority communities live in slums in urban
areas; and are often amongst the poorest of
the poor in the urban areas, without access to
proper housing. Measures indicated below will
ensure:
(a) Equitable share in rural housing scheme:
The Indira Awas Yojana, which provides
financial assistance for shelter to the
rural poor living below the poverty line,
will have a certain percentage of physical
and financial targets earmarked for the
minority community beneficiaries.
(b) Improvement in conditions of slums
inhabited by minority communities:
A certain percentage of physical and
financial targets under the National Slum
Development Programme (NSDP) will
be earmarked for slums predominantly
inhabited by the minority communities.
Under NSDP the Central government
provides assistance to State governments
for developing urban slums through
provision of physical amenities,
community infrastructure and social
amenities.
25.5. Prevention and control of communal
riots: The welfare of minority communities is
linked to the effectiveness of measures adopted
to address the issue of prevention and control
of communal riots as under:
(a) Prevention of communal incidents: In
areas identified as communally sensitive
and riot prone, police officers of known
efficiency, impartiality and secular
record must be posted. The prevention
of communal tension should be one
of the primary duties of the police and
administrative officers.
(b) Prosecution for communal offences:
Report of the National Commission for Religious and Linguistic Minorities
80
Special courts should be set up so that
offenders who incite communal tensions
or take part in communal violence are
speedily tried and punishment meted
out.
(c) Rehabilitation of victims of communal
riots: Victims of communal violence
should be provided immediate relief and
prompt and adequate financial assistance
for rehabilitation.
26. The 15-point Programme also provides
that care shall be taken to ensure that wherever
applicable, there is separate earmarking of the
physical and financial targets for the minority
communities under each programme/
scheme, preferably in the ratio of the all-India
population of each minority community.
Thereafter these targets shall be further split
State-wise for each minority community in
the ratio of the population of the minority
community in that State. This will ensure
that the benefits necessarily reach the target
group in the proportion of the population of
the group in each State.
Budgetary Support For
Operationalisation of New 15 Point
Programme
27. The Budget sends a clear signal that the
welfare of minorities as a targeted social
group has been put on the same pedestal as
that of SCs/STs and OBCs, worthy of specially
designed schemes and exclusive provisions.
In a way, it marks the continuation of the
approach which saw the responsibility of
“minority welfare” being carved out of the
social justice ministry to be entrusted to the
just-created ministry of minority affairs. An
allocation of Rs. 63 crore has been made for the
National Minorities Development and Finance
Corporation over last year’s Rs. 16.47 crore.
The Budget also makes a special allocation
of Rs. 108 crore for multi-sector development
programmes for minority-dominated districts.
The number of districts with at least 25 percent
minority population is estimated at 103. Three
different scholarships have been introduced
for minority students. Rs. 72 crore has been
earmarked for pre-Matric scholarships, Rs.
90 crore for post-matric scholarships and Rs.
48.60 crore for merit-cum-means scholarships
at undergraduate and PG levels.
Institutional Structures for the
Development of Minorities
28. At the national level, the Minorities
Commission was set up in 1978. It was a nonstatutory
body until 1992, when Parliament
enacted the National Commission for
Minorities Act, and set up the first statutory
commission in 1993, called the National
Commission for Minorities (NCM). The main
objective of NCM is to safeguard the interests
of minorities. The state governments of
A.P., Assam, Bihar, Chhattisgarh, Karnataka,
Jharkhand, M.P., Manipur, Maharashtra,
Rajasthan, Tamil Nadu, U.P., West Bengal,
Uttaranchal and Delhi have also set up State
Minorities Commissions. The National
Minority Commission is actively engaged in
looking into the interests and welfare of the
Minorities.
29. The National Minorities Development
and Finance Corporation (NMDFC) was set
up in 1994, to provide special focus to the
economic development of Minorities. The
main objective of the NMDFC is to promote
economic and development activities for the
benefit of the ‘ backward sections’ among
minorities, giving preference to women and
occupational groups. The NMDFC provides
funds for self employment at concessional
rates to minorities living close to poverty line
(families with an annual income of less than
Rs. 40,000 in rural and Rs. 55,000 in urban
areas. By the end of the 10th Plan, the NMDFC
is projected to distribute Rs 1065 crores to
cover 3.01 lakh beneficiaries, with an outreach
of 2.19 percent of the eligible ( Double Below
Poverty Line families). The National Minorities
Development Finance Corporation reaches
the beneficiaries through State Channnelising
Agencies (SCAs) nominated by the States and
through Non Governmental Organisations
(NGOs). Presently, the NMDFC has 35 SCAs
Measures for Welfare and Development of Minorities
81
in 25 states and two union territories and a
network of more than 150 NGOs throughout
the country. Mainly Term Loans of up to Rs.
5 lakhs and Micro Finance of Rs. 25,000 per
beneficiary are provided through the SCAs
and the NGOs which have benefited 3.41
lakh beneficiaries so far. These two schemes
cover about 96 percent and 3 percent of the
loan funds disbursed by the NMDFC. While
Muslims and other minorities have benefited
from the activities of the NMFDC, the total flow
of credit from the NMFDC in comparison to
other financial institutions is extremely small.
This limits the impact of NMDFC assistance
on the economic progress of minorities.
Moreover, obtaining a guarantee from the
State government remains the biggest hurdle
to getting a loan from the NMDFC. Also, due to
financial constraints, the state government are
reluctant to guarantee loans.
30. The Maulana Azad Education Foundation
(MAEF), set up in 1989 and funded by
Ministry of Minority Affairs, promotes
education among educationally backward
minorities. It provides financial assistance
for establishment and expansion of schools,
residential schools/colleges and laboratory
and infrastructure facilities, establishment of
computer and vocational centres, construction
of hostel buildings, and Maulana Azad National
Scholarships for Meritorious Girl Students,
as well as Maulana Azad Literacy Awards. The
Foundation has a corpus fund of Rs. 200 crore.
Since inception, the Foundation has sanctioned
grant-in-aid of Rs. 93.42 crore to 718 NGOs all
over the country. Muslims and Buddhists have
been the main beneficiaries as educationally
backward minorities. During 2005-06,
the Foundation has released scholarships
amounting to Rs. 10.82 crore covering 10832
beneficiaries. The Foundation also awards
literary awards for outstanding performance for
promoting education amongst educationally
backward minorities and organises in-service
teacher training programmes in the states of
Rajasthan, U.P., Maharashtra and Jharkhand.
The Foundation is also running a vocational
training centre at Ajmeri Gate, Delhi, imparting
training to about 250 women in the trades of
Cutting, Tailoring, Textile Designing, Arts &
Crafts etc.
31. The Central Wakf Council, a statutory body,
implements various charity and educational
programmes for weaker sections of Muslims.
A wide variety of charitable activities,
including establishment of public hospitals,
asylums, libraries and caravan/serais,
children’s education, care and rehabilitation
of physically disabled people, stipends for the
poor and destitute, have traditionally been
carried out under the auspices of the Wakf
(i.e. endowment of property for charitable
purposes). The Wakf Act, 1995, provides for
better administration and supervision of Wakfs
through State Wakf Boards, which have been
constituted in 23 States and 5 UTs so far. The
Central Wakf Council looks after development
of urban Wakf properties, and implements
the educational and charitable programmes
for welfare of weaker sections. The Council
also participates in developmental work by
implementing certain schemes, with grant-inaid
from the Central Govt. It received grantin-
aid amounting to Rs. 28.20 crore up to the
year 2005-06. In turn, the Council extended
loans of Rs 28.47 crore to 14 States up to
March 2005. Through its Education Fund, the
Council implements scholarship programmes
for poor students pursuing technical/
professional courses, grants to poor students,
matching grants to State Wakf Boards for
providing scholarships to school students and
establishment of vocational training centres in
Muslim concentrated areas. Up to March 2006,
a total of 10802 scholarships were awarded by
the Council to students of technical degree
courses. However, there is scope for greater
interventions for educational and economic
empowerment though better management of
Wakf properties.
32. The National Council for Promotion of
Urdu Language, a registered society under the
Ministry of Human Resource Development,
is responsible for promotion of the Urdu
language. It helps to establish a link between
Report of the National Commission for Religious and Linguistic Minorities
82
the Urdu-speaking population with technical
and vocational education. It has established
228 Computer Application and Multi-lingual
DTP Centres out of which nineteen Centres
are exclusively for girls. This programme has
produced 13,161 girl students as medium
level professionals during the last five years.
The Council has launched a Diploma in
Calligraphy and Graphic Design in 12 Centres
including three exclusively for girls. A national
programme of Urdu learning through Hindi
and English medium on distance mode has
been launched as also a Diploma Course in
Functional Arabic. The Council has received
a grant of Rs. 82.21 crore from the GoI since
1996.
33. The National Commission for Minority
Educational Institutions set up in 2004 to
advise the Centre and state governments
on any matter regarding the education of
minorities as also to establish and administer
educational institutions of their choice. The
National Minority Educational Institutions
Commission Act, 2004 allows for direct
affiliation of minority educational institutions
to central universities. According to this, any
minority educational institution seeking
affiliation to a central university will be granted
such affiliation. The Commission can also look
into specific complaints regarding violation
of the constitutional protection guaranteed
to minorities to establish and administer
educational institutions of their choice, and
also any dispute regarding affiliation to a
scheduled central university. Within one year
of establishment, the Commission received
over 250 complaints, petitions and several
suggestions. The Act was extensively amended
in 2006 empowering the Commission to enquire
into complaints regarding deprivation of or
violation of rights of minority institutions and
also disputes between minority educational
institutions and a university relating to its
affiliation.
34. The National Monitoring Committee for
Minorities Education: This Committee was
reconstituted in August 2004, and has been
meeting periodically since then. A Standing
Committee established within the NMCME has
visited the States of Uttar Pradesh, Maharashtra,
Andhra Pradesh, Karnataka and Kerala for
discussions with representatives of minority
communities, minority educational institutions,
state governments and a cross-section of the
people. Thereafter it has submitted its Report
to the Government in November 2005. Its
recommendations are under examination in
the concerned ministries, departments or state
governments for further action.
Achievements & Impact of Planned
Strategies for Weaker Sections/
Minorities
35. For assessing the impact of developmental
programmes and statutory measures on the
minorities, a comparison between physical
and financial targets and achievements
thereof in various sectors is being made to
identify gaps and obtain a realistic picture
of the challenges ahead in the succeeding
paragraphs.
Empowerment through Education
35.1. After independence, the Government of
India took a number of steps to strengthen
the educational base of weaker sections
of society. While most of the relevant
educational programs are designed and
implemented by the Ministry of Human
Resource Development, some are within the
purview of the Ministry for Social Justice
and Empowerment, Ministry of Minority
Affairs and yet others in the Ministry of Tribal
Affairs.
35.1.1. The National Literacy Mission (NLM),
set up in 1988, aimed at attaining a
high and sustainable literacy level for
the Indian population, by means of an
integrated approach. While, total Literacy
Campaigns, which are time-bound,
participative, and outcome-oriented are
adopted as the chief strategy for imparting
literacy, the Post Literacy and Continuing
Education programmes consolidate the
Measures for Welfare and Development of Minorities
83
initial learning. Under NLM, the following
achievements are noteworthy:
 Over-all Literacy rate increased from
52.21 percent in 1991 to 64.85 percent
in 2001. As regards minorities, their
literacy rate has also gone upto 70.30
percent in 2001.
 Over-all gap in male-female literacy rate
decreased from 24.84 percent in 1991 to
18.94 percent in 2001. About 60 percent
of the beneficiaries are women. Among
minorities, gender gap in literacy has
also come down to 12.56 percent in
2001.
 597 out of the total 600 districts in the
country have been covered by NLM
literacy programs
 Significant decline in absolute number
of illiterates from 328.88 million in 1991
to 304 million in 2001.
35.1.2. Literacy campaigns have had an
enormous impact on other social sectors.
They have served the cause of promoting
equity and social justice in society,
and fostering a scientific temper and a
sense of belonging. It is noteworthy that
economically and socially weaker groups
were the ones plagued by high levels of
illiteracy. Between 1991-92 and 2001, the
literacy rates of SCs increased by 17.28
percent (from 37.41 percent to 54.69
percent). Similarly, the literacy rate of STs,
which was 29.6 percent in 1991, rose to 47.1
percent in 2001 (a 17.5 percent increase in
ten years).
35.1.3. As per Census 2001, Literacy status of
different communities, separately for
urban and rural population, sex-wise is
given in Table 7.1.
35.1.4. At the all India level except for Muslims
(59.1 percent), all other religious groups
have higher literacy rates than the Hindus
(65.1 percent). Jains have the highest
literacy rate of 94.1 percent, followed by
Christians (80.3 percent); Buddhists (72.7
percent); Sikhs (69.4 percent). Further,
in 2001, Female literacy rate of Muslim
women was 50.1 percent compared to
53.7 percent for all communities. For
Muslim males, the literacy rate was 67.6
percent, in comparison to 75.3 percent
for all communities. The literacy rates are
much higher, if the SC/ST and Muslim
population is excluded from the total
population. Male female disparities in
literacy rates is 22 percent for India as a
whole; it is 23 percent amongst Hindus;
17.5 percent amongst Muslims and 24.6
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 93.8
Source: Census of India( Primary Census Abstract)
Report of the National Commission for Religious and Linguistic Minorities
84
variations are tremendous making
development a crucial variable. Rural
urban literacy differentials are marked for
all groups; the gap is the widest amongst
Hindus and lowest among the Muslims.
35.2. Religion wise Educational attainment
levels of religious communities at All India
Level is given in the Table 7.2.
35.2.1. As may be seen from Table 7.2,
educational attainment levels of
different social groups vary. Educational
attainment levels are the highest
amongst Jains, followed by Christians,
Sikhs, Hindus, Buddhists and the lowest
amongst the Muslims. Gender gap exists
in every religious group. Muslims are
not way behind in overall literacy but the
distribution of literates by educational
levels shows concentration of Muslims
at the lower levels but their attainment
levels decline much sharper than other
groups.
 Among all persons literates 7+, 21.5
percent Jains have education upto
graduation and above, followed by
Christians( 8.7 percent); Hindus(7.01
percent); Sikhs (6.9 percent); Buddhists
come next (5.7 percent) and Muslims
at 3.6 percent. Among male literates
7+ again Jains lead with 24 percent
followed by Christians( 8.8 percent);
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
Secondary
Diploma Graduation
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 level
Source: Census 2001
Measures for Welfare and Development of Minorities
85
next (7 percent), followed by Sikhs
(6.9 percent); and Muslims at 4.4
percent. Among female literates 7+ again
Jains lead with 18.6 percent followed by
Christians( 8.6 percent); followed by
Sikhs (7 percent); Hindus(5.6 percent);
Buddhists come next ( 3.8 percent); and
Muslims at 2.4 percent.
35.3. Mid-day Meal scheme (National Program
of Nutritional Support to Primary Education),
launched in 1995, covers nearly 12 crore
children in over 8 lakh primary schools. This
scheme is serving a dual purpose – raising the
nutritional level of children, and enhancing
school admission and retention levels. Each
child is provided cooked mid-day meal with
minimum 300 calories and 8-12 gm of protein
content. The Mid-day Meal is a successful
incentive programme. It covers all students,
including SCs/STs of primary classes in all
schools in the country.
35.4. Kendriya Vidyalayas (KVs) and
Navodaya Vidyalayas (NVs) and National
Institute of Open Schooling (NIOS) reserve
seats in favour of children belonging to SCs
and STs, in proportion to their population
in the concerned district to a maximum of
50 percent. The National Institute of Open
Schooling gives concession in admission
fees to SC/ST students for bridge courses
and for senior secondary courses. NIOS is
the largest open schooling system in the
world. During 2005-06, it had more than 13
lakh students on its rolls at the secondary
and senior secondary stages. NIOS has been
pursuing its mission to reach the unreached
by providing opportunities for schooling to
those who missed opportunities to complete
schooling.
35.5. Vocational Education: Vocational
education is a distinct stream at the higher
secondary stage in the national education
system. It intends to prepare students for
identified occupations spanning several areas
of activities. NIOS offers about 107 distinct
Vocational Education (VE) courses with their
duration varying from 6 months to 2 years.
These include courses in various Crafts, Health
and Paramedical; Horticulture, Agriculture,
Fisheries; Insurance Sector and Office related
activities; Computer science, Computer
hardware repair and maintenance; Rural
marketing; International marketing, Home
science, etc. The NCERT (National Council
of Educational Research and Training) from
time to time evaluates these courses and their
relevance in the context of emerging needs
in technology and changing global economy.
New courses on Bee keeping, Mushroom
production, Life skills, Homeopathy, Rural
health for women (in Hindi), Two Wheeler
mechanics, and Radiography also are expected
to be added to meet the requirement. In all
the new vocational courses, the concept of
entrepreneurship has been incorporated.
The pass outs are encouraged to establish
their own production/service units. Emphasis
is being laid on collaborative ventures in
vocational education with industries, through
the CII (Confederation of Indian Industries)
and others. In November 2005 NIOS and
CII held a meeting to explore possibilities
of partnership with CISCO and Microsoft
for conduct of Information Technology (IT)
courses. Similarly, a meeting of NIOS and the
Rehabilitation Council of India in December
2005 discussed possibilities of developing
vocational education courses for differently
abled children. The NIOS is also streamlining
and strengthening its courses, in order to
provide opportunities for human resource
development aimed at youth employment
and entrepreneurship. It seeks to equip
learners with appropriate skills for sustainable
livelihoods and create a pool of technologically
qualified human resources.
35.6. The vocational education should inter
alia include:
i. The courses offered should be modular,
competency based, with multi point entry
and exit.
ii. These courses should be demand driven
and based on the needs’ surveys conducted
for industries /user organisations.
Report of the National Commission for Religious and Linguistic Minorities
86
iii. Recognition and equivalence of the courses
should be provided based on the National
Vocational Education Qualification and
Certification Framework.
iv. A system of testing of skill and bridge
courses should be developed to facilitate
people without any formal education to get
enrolled in the regular system of courses
and nationally recognised certification may
be provided by the National Competency
Testing Agency.
35.7. In addition to the general educational
schemes available to all sections of society,
there are certain schemes specifically designed
for financial assistance to Scheduled Castes/
Scheduled Tribes/Other Backward Classes
and Minorities. These include (i) post-Matric
Scholarships to provide financial support
to Scheduled Caste/Scheduled Tribe and
Other Backward Class students to pursue
studies beyond Matriculation; (ii) pre-Matric
Scholarship meant for Scheduled Caste/
Scheduled Tribe students and implemented
by State Government. However, the Central
Government provides funds for this scheme
for children of those engaged in unclean
occupations. Scholarships to OBC students are
awarded to those whose parents’ income does
not exceed Rs. 44,500/- per annum. Details of
central assistance released and beneficiaries
covered under the post-Matric scheme during
the last four years are given in the Table 7.3.
35.8. The National Overseas Scholarship
Scheme is available for Scheduled Castes/
Scheduled Tribes/De-notified Nomadic
students and upgradation of Merit Scheme for
Scheduled Caste students. Hostel assistance is
also provided to Scheduled Caste/Scheduled
Tribe and Other Backward Class including
minority students at middle, higher secondary
and college level.
35.9. Special pre-examination coaching is
also provided to weaker sections including
Scheduled Castes/Scheduled Tribes/Other
Backward Classes and Minorities for admission
to technical and vocational institutions and
services related courses as well as prospective
job-seekers in government and private sector.
35.10. Higher and Technical Education: The
University Grants Commission (UGC) has
earmarked quota of 15 percent for SCs and 7.5
percent for STs in appointments, in teaching
and non-teaching posts, admissions, hostel
accommodation etc, in universities/colleges
administered by the Central government. The
State universities follow reservation policies as
prescribed by the respective state governments.
UGC also provides financial assistance for
Remedial Coaching to SC and ST students for
undergraduate and postgraduate students,
and for preparation for the NET (National
Eligibility Test). The UGC’s scheme for
Remedial Coaching Classes for Disadvantaged
Minority Groups shall enable them to compete
in various competitive examinations, to secure
admissions in professional courses, and to
become self-reliant.
35.11. Indira Gandhi National Open University:
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
Assistance
released
(in crores)
Beneficiaries
(in lakhs)
Central
Assistance
released
(in crores)
Beneficiaries
(in lakhs)
Central
Assistance
released
(in crores)
Beneficiaries
(in lakhs)
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 13.12
Source: Annual Reports of MOSJ&E and Min. of Tribal Affairs
Measures for Welfare and Development of Minorities
87
to study socially relevant, innovative and need
based programmes to all school pass-outs,
including those belonging to disadvantaged
groups (physically challenged, homemakers,
minority groups, geographically remote etc).
IGNOU provides a flexible and open system of
education with regard to methods and pace of
learning, combination of courses and eligibility
for enrolment etc, thus enhancing access
and equity in education to those who have
been unable to access opportunities provided
through the formal system.
35.12. Community Polytechnics: The scheme
of Community Polytechnics, in operation
since 1978-79, undertakes rural community
development activities through application
of science and technology. Target groups for
training under this scheme are unemployed
rural youth, minorities, SCs, STs, women, school
dropouts and other disadvantaged sections of
society. They are provided need based skills to
help them become self-employed or to obtain
gainful employment, so as to enhance their
social and economic status. The Community
Polytechnics contribute substantially by
transferring appropriate and advanced
technologies to the rural masses. At present,
there are 660 Community Polytechnics in the
country.
35.13. Specific Interventions for Educational
Advancement of Minority groups: Two major
schemes relating to minorities, i.e. Scheme of
Area Intensive programme for Educationally
Backward Minorities and the Scheme of
Financial Assistance for Modernisation
of Madrasa Education have been merged
into a single scheme in the Tenth Five Year
Plan, called the Area Intensive Madrasa
Modernisation Programme (AIMM). Under
AIMM, the components of the old scheme
are being carried forward: a: infrastructural
development and b) Madrasa Modernisation.
Under this revised scheme, 5000 Madrasas
were to be covered during the Tenth Five
Year Plan. A major objective of the scheme is
to provide basic educational infrastructure
in primary/upper primary and secondary
schools, where needed. Viability is established
on the basis of a school mapping exercise.
The target identified during the Tenth Plan is
325 blocks and 4 districts of Assam. During
the Tenth Plan period, the component
of infrastructure development is being
implemented in this region only. The second
major component of the AIMM scheme is
Madrasa Modernisation. This component
aims at inclusion of modern subjects in the
Madrasa system, so that students can be
linked to the mainstream education system
in the country. To some extent, this has
been successful but more effort is required
to ensure that students from Madrasas join
the mainstream educational system. The
Madrasa Modernisation scheme is limited
in scope and not a substitute for the regular
education of children. The scheme includes
payment of salary for teachers, and grants
for purchase of science kits and setting up
of book banks. It provides for the salary of
two teachers per Madrasa @ Rs 3000 per
month per teacher, for teaching modern
subjects like science, mathematics, English
and social sciences. A grant of Rs 7000 is
given for purchase of science/maths kits and
another grant of Rs 7000 for book banks and
strengthening of libraries. The assistance is
available to Madrasas all across the country
irrespective of the curriculum they pursue.
35.14. The Tenth Plan allocation for the
AIMMP scheme (covering components
of infrastructure development as well as
Madrasa modernisation) was Rs 83.92 crore.
The expenditure during 2002-03, 2003-04 and
2004-05 was Rs 28.45 crore, Rs 29.00 crore
and Rs 22 crore respectively. In 2004-05 the
expenditure of Rs 22 crore was incurred for
construction of 11 hostels for girls, 11 senior
secondary school buildings, and payment of
salaries for teachers teaching modern subjects
in 575 Madrasas.
Enrolments at Various Stages of
Education
35.15. India, today, has the second largest
educational system in the world after China
Report of the National Commission for Religious and Linguistic Minorities
88
with a total enrolment of 222.03 million out
of whom 45 percent are girls. Further, girls
form 47 percent of the 128.27 million children
enrolled in the primary classes; 44.4 percent
of the 48.73 million at the middle stage; 41.12
percent of the 35 million at the high/higher
secondary stage and 39.68 percent of the 10
million students enrolled in institutions of
higher learning. In fact, during 1950-51 to 2003-
04, India’s total enrolments at various stages of
education have gone up from 19.2 million to
128.3 million children in the primary grades;
from 3.1 million to 48.7 million at the middle
stage and from 1.5 million to 35 million, at the
high/higher secondary stage. Due to the strong
gender focus of the education for all initiatives
during the 1990s as also the pro Girl Child and
pro-women policies and programmes during
this decade, girls’ education has progressed
and the gender gaps are narrowing. However,
the regional, rural urban and inter group
disparities remain and need to be targeted
specifically.
Impact of Special programmes, Schemes
and Incentives for SCs and STs
35.16. There has been a visible impact of
special programmes and incentives for SCs
and STs. Consequently, number of Scheduled
Caste children have shown steady increase.
During 1980-81 to 2003-04, their enrolment
has gone up from 11 million to 23 million in
primary classes; from 2.2 million to 8 million
at the middle stage and from 1.1 million to
4.8 million at the Secondary stage and girls
forming 44.8 percent, 41.4 percent and 38.2
percent at these levels respectively. As against
this, though the number of Scheduled Tribe
children have also progressed but at a slow
pace on account of difficult topography,
unfriendly terrain, and forests, among others.
During 1980-81 to 2003-04, enrolment of
Scheduled Caste children has gone up from
4.6 million to 12.5 million in primary classes;
from 0.74 million to 3.7 million at the middle
stage and from 0.33 million to 1.95 million at
the Secondary stage and girls forming 45.9
percent, 41.7 percent and 37.4 percent at these
three levels respectively.
35.17. Sarva Shiksha Abhiyan and its impact:
Sarva Shiksha Abhiyan (SSA) stands for
universalisation of elementary education
of satisfactory quality with emphasis on
education for life for children in age group 6-14
years. The SSA is expected to cover the entire
country with a focus on educational needs of
girls, SC ,ST, minorities and other children in
difficult circumstances. Sarva Shiksha Abhiyan
aims at achieving universal enrolment in
schools and bridging of all gender and social
category gaps at primary stage by 2007 and
at elementary education level by 2010. Most
states are nearing the quantitative targets
of access and enrolments but retention and
quality still remain areas of concern and the
system is gearing itself to improve teacher
quality and classroom processes focussing
on learners. Success of SSA would require
expansion and universalisation of secondary
education, a major challenge to meet the
demands of the 21st century Knowledge
Society. The successful implementation of
SSA and universal secondary education of ten
years will ensure educational opportunities
to all irrespective of caste, class, religion and
place of residence.
35.18. As part of the Sarva Shiksha Abhiyan
(earlier the District Primary Education Project
and Education For All programmes), a strategic
shift is noticed in educational planning to
target hither to unreached geographic areas
and the marginalised groups of our society.
Two-pronged interventions were launched,
namely, the National Programme for Education
of Girls at the Elementary Stage (NPEGEL)
and the Kasturba Balika Vidyalayas (KGBV ).
Both schemes are being implemented in
Educationally Backward Blocks (EBBs) where
rural female literacy is below national average
of 46 percent and where the gender gap is
also above the national average of 22 percent.
In all 2656 Educationally Backward Blocks
have been identified in 20 States on the basis
of the 1991 Census. The NPEGEL launched
in 2003 as an integral yet separate gender
component for education of underprivileged
disadvantage girls at the elementary level.
Measures for Welfare and Development of Minorities
89
This programme aims at development of
Model Cluster School for Girls at Cluster level
with infrastructure and facilities like teaching
learning equipment, library, sports etc.;
Gender sensitisation of teachers; teaching
learning materials, provision of incentives
and intense mobilisation of communities.
KGBV (Residential Schools for Girls) approved
in July, 2004, for setting up 750 residential
schools with boarding facilities at elementary
level for girls belonging predominantly to
SC, ST, OBC and minorities, in difficult and
remote areas. Of these 118 KGBVs are to be set
up in blocks with predominance of Muslims.
These schools are preferably to be run by
reputed NGOs and other non-profit making
bodies. The Education Guarantee Scheme and
Alternative and Innovative Education (EGS &
AIE) provide special thrust to education of
children in school-less habitations and outof-
school children, through flexible strategies
including bridge courses, residential camps,
remedial coaching, drop-in centres etc.
During 2005-06, this component helped
provide elementary education to 62.26 lakh
children.
Focus on Educationally Backward
Minorities
35.19. SSA has identified 93 districts in 16
states for focused attention to education
of minority children. During 2005-06, 2643
primary schools, 1978 upper primary schools
and 2900 EGS centres have been sanctioned
in minority concentrated districts. In addition,
SSA provides:
 Special emphasis on modernisation of
Madrasas- modern syllabus and training
of teachers
 Support to Madrasa: Under this scheme,
Madrasa affiliated to State Madrasa
Board and satisfying conditions
specified for State Government aided
schools, are eligible for assistance. A
large number of children especially girls,
studying in Madrasas which are not
recognised or affiliated, an EGS or AIE
center can be started at the Madarasa
by the local body/community based
organisation whereby, free textbooks,
an additional instructor if necessary,
training to the instructor in the State
curriculum, can be provided. Based
on State reports, 8720 Madrasas, (6867
recognised and 1853 unrecognised /non
registered Madrasa) are being supported
under SSA in 13 states. According to All
India Educational Survey by National
Council for Education Research Training
(NCERT), only 4 percent of the Muslim
children in the age group 7-19 years
study in Maktabs which is lower in the
case of urban areas and enrolments are
the same for boys and girls. If Madrasas
and Maktabs are combined, only 6.3
percent of the Muslim children study in
them.
35.20. Sarva Shiksha Abhiyan and Out of
School Children: The intervention under
Sarva Shiksha Abhiyan and its predecessor
District Primary Education Project have had
a positive impact on school enrolments with
substantially improved access and school
environment. The number of out of school
children estimated at 42 million at the start of
the Tenth Plan, has come down to 23 million in
September 2004 according to Mid Term Review
of the Tenth Plan ( June, 2005). The success of
Sarva Shiksha Abhiyan is further evident as
close to 93 percent children in age group 6-
13 years are in school according to a recent
study carried out in June, 2005 by the Social
and Rural Research Institute for Ministry of
Human Resource Development. According to
this study and as indicated in the Table 7.4,
there are a total of 13.5 million children (6.94
percent of the total children) in the age group
6-13 years who are out of school comprising
7.89 percent rural children and 4.43 percent
children in urban areas. While among SC
children in this age group, 8.55 percent of
rural children are out of school compared
to 6.25 percent in urban areas, among ST
children in this age group, 10.11 percent of
rural children are out of school compared to
4.21 percent in urban areas. Similarly, among
OBC children in this age group, 7.73 percent
Report of the National Commission for Religious and Linguistic Minorities
90
of rural children are out of school compared
to 3.83 percent in urban areas. As against this,
percentage of out of school children among
Muslim children in this age group is 9.97
percent comprising 12.03 percent of rural
children and 7.17 percent of urban children.
35.21. A study on ‘Socio-economic Status of
Minorities – Factors for their Backwardness’,
by Centre for Research, Planning and Action,
New Delhi, conducted in urban areas of five
states i.e. Maharashtra, Punjab, Tamil Nadu,
UP and West Bengal, spread over 15 cities
selected on the basis of high concentration of
religious minorities, covered households with
income upto Rs. 3,000/- p.m. indicate that
35.68 percent of minority population had no
formal education. Graduates were only 5.82
percent and post-graduates 1.26 percent. The
ratio of those with no formal education or
primary education was as high as 71 percent
among Muslim families indicating that direct
efforts need to be made to enhance access to
education for Muslim families.
35.22. Another study conducted on
Educational Status of Minorities by AROH
Foundation, New Delhi, found that many
Muslim families do not enroll their children
in regular schools and Children sent only to
religious schools (Madrasas) lag behind their
compatriots in the mainstream educational
system. Students from Madrasas are unable
to take advantage of upcoming employment
opportunities as they mismatch qualifying
educational requirements.
Economic Empowerment
36. Economic empowerment of weaker
sections of the society comprising Scheduled
Castes, Scheduled Tribes, Other Backward
Classes and minorities is a priority area for
the Government. Among the minorities, the
proportion of BPL segment is calculated as 28.67
percent (according to the study by Agricultural
Finance Corporation Ltd, Mumbai, 2006) and
‘Double the BPL’ proportion is estimated as 43
percent. As per Planning Commission’s survey
conducted in 1999-2000, the incidences of
poverty are more in rural areas than that of
urban areas for all communities except in case
of Muslims. Among Muslims, the incidence
of poverty is significantly more in urban areas
(36.92 percent) as compared to rural areas (27.22
percent). The government has taken various
steps towards the economic empowerment
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
6-13 Years
2706025 1585833 4059259 1567717 1434764 11353597
% 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
6-13 Years
398841 71145 543001 685535 407614 2106137
% 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
6-13 Years
3104866 1656978 4602260 2253252 1842378 13459734
% out of School Children 8.17 9.54 6.90 9.97 3.73 6.94
Source 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 2006
Measures for Welfare and Development of Minorities
91
of weaker sections. The important schemes/
programmes, institutional arrangements
to implement these and the achievements
registered during the past years are discussed
below.
Schemes Applicable to All Sections of
Population
36.1. Employment Generation Schemes: Rural
Employment Generation Programme (REGP)
and Prime Minister’s Rozgar Yojana (PMRY)
are two employment generation credit-linked
subsidy schemes. Of these, Rural Employment
Generation Programme is implemented by
Khadi & Village Industries Commission (KVIC)
and Prime Minister’s Rozgar Yojana by State
Governments through District Industries
Centres (DICs). Under Rural Employment
Generation Programme, capital subsidy in
the form of margin money is provided for
setting up labour-intensive village industries.
Self-help groups are also provided assistance
under Rural Employment General Programme.
Since its inception in 1995 up to March 2005,
2,09,705 projects have been financed and 28.06
lakh additional job opportunities created.
Approximately 12.4 percent Scheduled Castes,
5.7 percent from Scheduled Tribes; 23.8 percent
Other Backward Classes and 12.8 percent
Minorities have been the beneficiaries. About
25.8 percent beneficiaries have been women.
Prime Minister’s Rozgar Yojana
36.2. Since its inception in 1993 has been
providing institutional finance to educated
unemployed youth for setting up economically
viable ventures in rural and urban areas.
Under PMRY, loans have been disbursed to
22.80 lakhs self-employment ventures, leading
to generation of employment for 34.20 lakh
persons. During 1993-99, the proportion of
beneficiaries belonging to Scheduled Castes/
Scheduled Tribes was about 21 percent and the
share of OBCs was 26 percent.
Sampoorna Grameen Rozgar Yojana
(SGRY)
36.3. Launched in 2001, SGRY aimed at
providing additional wage employment in rural
areas along with food security and creation
of durable community assets in rural areas.
It specially emphasised wage employment
to women, SCs, STs and parents of children
withdrawn from hazardous occupations. 22.5
percent of the annual allocation both at the
District and Intermediate Panchayat levels is
earmarked for individual/group beneficiary
schemes of SC/ST families living below the
Poverty Line (BPL). Minimum 50 percent of the
Village Panchayat allocation is earmarked for
creation of need based village infrastructure
in SC/ST habitations/wards. The Scheme has
an annual allocation of about Rs 6000 crores
and 50 lakh tonnes of food grains. During
2004-05, 50.00 lakhs tonnes of food grains
was released, Rs. 6018.63 crores expenditure
incurred, a total of 8223.09 lakh mandays of
work created, and 1639619 works completed.
In December 2006, the Ministry of Rural
Development has decided that minimum 15
percent beneficiaries of SGRY will be from the
minority communities.
Swarnjayanti Gram Swarozgar Yojana
(SGSY)
36.4. Launched in 1999, Swarnajayanti Gram
Swarozgar Yojana is a major self-employment
programme being implemented throughout
the country. Its guidelines stipulate that at
least 50 percent of the beneficiaries will be
Scheduled Castes/Tribes, 40 percent women,
and 3 percent disabled. Subsidy under SGSY
will be uniform at 30 percent of the project
cost, subject to a maximum of Rs 7500. For SC,
ST and Disabled however, subsidy limit is 50
percent of the project cost subject to maximum
of Rs 10,000.
National Food for Work Programme
(NFFWP)
36.5. This programme was launched in 2004,
in 150 most backward districts of the country,
to create additional wage employment. The
additional resources are being channelled
into focus areas like water conservation and
drought proofing, which are a major cause of
backwardness in some regions. Wages are paid
as a mix of cash and food grains, and will be not
Report of the National Commission for Religious and Linguistic Minorities
92
less than the minimum wages. Equal wages are
to be ensured for women and men workers.
National Rural Employment Guarantee
Act (NREGA)
36.6. This scheme was notified in September
2005. Under National Rural Employment
Guarantee Act, employment is to be provided to
every rural household for 100 days a year to an
adult member who volunteers to do unskilled
manual work. Every person who does the work
is to be paid minimum wages, which shall not
be less than sixty rupees per day. Employment is
to be provided within 15 days of application for
work. At least one third of beneficiaries have to
be women. The works are to be recommended
by the Gram Sabha, and Panchayati Raj
Institutions (PRIs) have a principal role in
planning and implementation. Transparency,
public accountability and social audit are to be
ensured through institutional mechanisms at
all levels. The focus of the program is on land
development and water conservation works.
The Act envisages a collaborative partnership
between Central and State governments,
Panchayati Raj Institutions and the local
community. National Rural Employment
Guarantee Act is being extended to 200 districts
in the first phase of its operation and will cover
the entire country within a period of five years.
During 2007-08 the scheme is being extended
to another 130 districts.
Enhancing Employment Potential in
Agricultural Sector
36.7. An essential requirement for accelerated
agricultural growth is the timely availability
of institutional credit in a hassle free manner,
at a reduced rate of interest. In line with this
requirement, the Government announced
a comprehensive policy in June 2004. The
measures envisaged include accelerated flow
of agri-credit to farmers through Commercial
banks, Cooperative banks, and Regional
rural banks; enhancement of coverage of
institutional credit through Kisan Credit Cards
Scheme, which provides revolving credit
cash facility enabling frequent withdrawal
and repayment; and restructuring of loans
for providing credit related relief to Farmers
in distress, Farmers in arrears and Farmers
indebted to informal sources; and a One time
settlement scheme for small and marginal
farmers who have been declared defaulters
and have become ineligible for fresh credit.
Enhancing Employment Potential in
Industrial Sector
36.8. Various schemes of the Central
Government aim to reorient employment
opportunities to enable weaker sections of
the society to face the challenges of economic
reforms and expanding private sector, through
equipping them with suitable technical skills,
appropriate technologies and opportunities
for vocational training. Efforts are being made
to modernise technologies and upgrade skills
in traditional arts and crafts sectors such
as handlooms, handicrafts, lace making,
glasswork and metal work, ensuring value
addition so that the products are competitive
in modern markets. A substantial proportion
of the traditional artisans in such industries
belong to minorities, particularly the Muslim
community. Sector-wise details are as under:
36.8.1. Textiles sector is the second largest
provider of employment after agriculture.
Majority of weavers and artisans belong
to Scheduled Caste, Scheduled Tribe
and minority populations. These groups
are frequently linked to hereditary
or subsistence based occupations, in
the unorganised as well as organised
textiles sector. Though many schemes
devised and implemented by successive
governments for this sector do not
adhere to specific community or social
groups, yet as a majority of those
employed in these sectors belong to
those groups, they are naturally the
major beneficiaries. These schemes
have had a significant impact in terms
of employment as well as income
generation and living standards of the
artisan groups among weaker sections
of society, as indicated below.
36.8.2. Decentralised power loom, hosiery
Measures for Welfare and Development of Minorities
93
and knitting form the largest section
of the Textile sector. The Technology
Upgradation Fund Scheme (TUFS),
launched in 1999, makes funds available
to the domestic textile industry for
upgrading the technology of existing
units, and setting up new units with stateof-
the art technology. The Textile Workers’
Rehabilitation Fund Scheme (TWRFS),
launched in 1986, provides relief and
rehabilitation measures to workers upon
the closure of a mill.
36.8.3. A quick survey was organised through
the Ministry of Textiles regarding the
coverage of religious minorities under
the different Training and Employment
Schemes. As per results of the survey
during 2004-05 to 2006-07 (upto February,
2007), there were 10,875 trainees
enrolled in powerloom service centres
and Computer-aided Design Centres
(CADCs), of which 2,653 belonged to
the religious and linguistic minorities
comprising 1966 Muslims, 161 Christians
and 526 linguistic minorities.
36.8.4. Handlooms sector provides employment
to about 6.5 million people, contributing
about 13 percent of the total cloth
production, on 3.5 million looms. The
sector is wholly weaver oriented, with
the majority of weavers belonging to
the poorest and marginalised sections
of society. According to the Ministry
of Textiles (Annual Report 2005-06), of
the total workforce, women constitute
62.40 percent and Scheduled Castes/
Scheduled Tribes constitute 32 percent.
It is concentrated in the decentralised
sector. Under the Deen Dayal Hathkargha
Protsahan Yojna (DDHPY), the Ministry
of Textiles provides support to those
agencies in this sector that employ 100
percent Scheduled Castes/Scheduled
Tribes/Women/Minorities. The grant
is shared in the ratio of 75:25 between
the Centre and the concerned State. The
Government has ensured availability of raw
material to this sector through the Hank
Yarn Obligation Order. The Integrated
Handloom Cluster Development Scheme
is a centrally sponsored scheme, in which
20 handloom clusters have been identified
for development in the first phase at an
estimated cost of Rs 40.00 crores. The
Health Insurance Scheme for handloom
weavers, launched in November 2005,
aims at financially enabling weavers’
community to access the best healthcare
facilities in the country. The scheme covers
the weaver, spouse, and two children, at a
total premium of Rs 1000.00 per annum,
of which GoI contributes Rs 800, and the
weaver contributes Rs 200. The annual
coverage is Rs 15,000 per family. Similarly
the Mahatma Gandhi Bunkar Bima
Yojana was launched in October 2005,
with the objective of providing enhanced
insurance coverage to handloom weavers
in case of natural or accidental death.
During the Tenth Plan, Rs 625.00 crores
has been provided for the implementation
of various handloom sector schemes.
36.8.5. Handicrafts are important culturally
and economically. They have high
employment potential, low capital
investment, and high value addition. The
growth of employment in the handicrafts
sector has been from 52.92 lakhs in 1997-
98 to 63.81 lakhs in 2004-05. According to
the Ministry of Textiles (Annual Report
2005-06), women constitute 47.42 percent
of the total workforce in handicrafts,
while 37.11 percent of the workforce is
Scheduled Caste/Scheduled Tribe. In this
sector about 32.5 percent of the outlay is
earmarked for the benefit of Scheduled
Castes, Scheduled Tribes and women
artisans @15 percent, 7.5 percent and 10
percent respectively. Handicrafts export
increased from Rs. 6457.69 crore in 1997-
98 to Rs.15616.32 crores during 2004-05.
Important recent initiatives include the
setting up of an India Exposition Mart
at Greater NOIDA; Handicrafts Bhawan
at New Delhi; restoration of Bamboo &
Report of the National Commission for Religious and Linguistic Minorities
94
Cane Development Institute, Agartala,
and a scheme for urban Haats at prime
locations at the cost or Rs 2.00 crore
each. While sixteen Haats were set up
during the Ninth Plan period, 21 Haats
have been sanctioned during Tenth plan
period (upto February 2006). A number
of schemes are being implemented for
development of handicrafts, including
Baba Saheb Ambedkar Hastshilp
Vikas Yojana, Design and Technology
Upgradation Scheme, Marketing and
Support Services Scheme, Training and
Extension Scheme etc. During 2005-06,
new components included the Artisans
Credit Card Scheme under which
credit flow of Rs 250 crore by Financial/
Banking institutions will be extended to
approximately one lakh artisans across
the country. National awards are given
out to Master Craftspersons every year,
to encourage artistic skills and excellence
in craftspersons.
36.8.6. In the North Eastern region, the
decentralised textile sector comprising
handloom, power loom, sericulture,
handicrafts, wool and jute forms the
main source of gainful employment and
income generation for the people. These
sectors therefore require special attention
for the amelioration of the conditions of
minorities.
Small Scale Industries
36.8.7. The Ministry of Small Scale
Industries (SSI) assists the States to
promote growth and development of
the Small Scale Industries, enhance
their competitiveness, and generate
additional employment opportunities.
The schemes undertaken are for
training and upgradation of skills;
facilitation or provision of credit from
financial institutions and banks; funds
for technology upgradation; integrated
infrastructural facilities; training and
skills upgradation; capacity building
and empowerment of the units and
their collectives. The Small Industries
Development Organisation (SIDO) is the
apex organisation since 1954 for assisting
the government in this sector. The
Growth Centres Scheme and Integrated
Infrastructural Development Scheme
provide assistance for establishing small
scale and tiny units, creating employment
opportunities, and increasing exports.
Guidelines provide that the schemes
be taken up in conjunction with credit
and employment schemes, i.e. Prime
Minister’s Rozgar Yojana (PMRY), Rural
Employment Generation Programme
(REGP), Credit Linked Capital Subsidy
Scheme etc. Employment in Small Scale
Industries has risen from 158.34 lakh
persons in 1990-91, to 282.57 lakh persons
in 2004-05.
36.8.8. The total employment in the Small
Scale sector, including unorganised
manufacturing and services, is as high as
713.86 lakh people (2001-02). Small Scale
Industries include small enterprises in food
processing, glass and ceramics, leather and
leather products including footwear and
garments, biotech industries, drugs and
pharmaceuticals, dyes, gold plating and
jewellery, locks, toys, wooden furniture,
paints, rubber processing, industries
based on aromatic and medicinal plants,
poultry, hatcheries and cattle feed, wires
and cables, auto parts and components,
electronic equipment etc. Of the total
employment in Small Scale Industries,
a substantial proportion is bound to be
from the backward and marginal sections
among the Scheduled Castes, Scheduled
Tribes, Other Backward Classes and
minority communities. Muslim artisans
have traditionally specialised in certain
occupations such as making of locks,
wooden furniture in some geographical
sites, gold plating and jewellery making
etc, so they are covered under the Small
Scale Industries sector for upgradation
of their traditional skills along with
technological progress.
Measures for Welfare and Development of Minorities
95
Agro and Rural Industries
36.9. Agro and Rural Industries deals with
khadi and village and coir industries through
the Khadi and Village Industries Commission
(KVIC) and the Coir Board (CB), and
coordinates implementation of the REGP and
PMRY (employment schemes). While the khadi
programme comprises hand spun and hand
woven cotton, woollen, silk and muslin varieties,
the village industries programme includes the
following seven broad classifications:
i. Mineral based Industry;
ii. Forest based Industry;
iii. Agro and rural Industry;
iv. Polymer and chemical based Industry;
v. Rural engineering and Biotechnology;
vi. Handmade paper and Fibre Industry;
vii. Service Industry.
36.9.1. Khadi & Village Industries Commission
undertakes skill improvement and
marketing support activities in the
process of generating employment/
self-employment opportunities in the
above industries, in rural areas. It was
able to generate 76.78 lakh employment
opportunities during 2004-05.
National Commission for Enterprises in
the Unorganised Sector
36.9.2. National Commission for Enterprises
in the Unorganised Sector (NCEUS) was
set up in 2004 for a period of three years,
to examine the problems of enterprises
in the unorganised sector and suggest
measures to overcome them. NCEUS has
constituted Task Forces to deliberate on
social security for unorganised sector
workers; and skill formation in the
unorganised sector. NCEUS has also
proposed the formation of Growth Poles in
different parts of the country, integrating
a number of unorganised production
units within a geographical location. A
few pilot projects for Growth Poles have
been proposed, and discussions are on
with the Government of Chhatisgarh for
a multi-product multi-artisan project at
Kondagaon in Bastar, based on the skills
and resources in the tribal belt of the State.
Similar multi-artisanal projects are being
discussed in Kollam district in Kerala,
for coir, handicrafts, cashew processing
etc. and in Dausa in Rajasthan for stone
cutting and carving, leather, handloom,
khadi, handicrafts, etc. The Commission
is also re-examining the National Policy
on Urban Street Vendors and interacting
with various stakeholders. A draft of the
revised National Policy on Urban Street
Vendors has been referred to the Ministry
of Urban Employment and Poverty
Alleviation.
Council for Advancement of People’s
Action and Rural Technology
36.9.3. Council for Advancement of People’s
Action and Rural Technology (CAPART):
Established in 1986, CAPART acts as a
catalyst for development of technologies
appropriate for rural areas. It promotes
different models of development,
through promoting the efforts of NGOs
in the relevant areas. These include
support to NGOs within the Scheme
for Natural Resource Development and
Management (NRDM), Scheme for Rural
Industrialisation, Income Generation
and Market Access (RIIMA), Scheme
for Rural Development and Promotion
of Information Technology (TRD and
PIT), Rural Infrastructure Development
Scheme (RIDS), Human Resource
Development Scheme (HRDS), and
Scheme for Empowerment of SC, ST &
Disadvantaged Groups and for Persons
with Disabilities in rural areas (EWSCTD).
The achievements under these various
schemes are discussed below:
36.9.4. Under National Resource Development
Management, which promotes water
conservation, irrigation and agriculture
development, Council for Advancement
of People’s Action and Rural Technology
has sanctioned 88 projects (till 31.12.2005)
involving assistance of Rs. 7.19 crores.
Under Rural Industrialisation, Income
Report of the National Commission for Religious and Linguistic Minorities
96
Generation and Market Access, which
supports skill orientation/income
generation programs and market support
activities like Gramshree Mela, CAPART
has sanctioned 20 projects involving
assistance of Rs. 1.04 crores. Gramshree
Melas at various places in the country
provide avenues for the products produced
by rural artisans and SHGs.
TRD and PIT scheme supports activities
such as establishment of technology
resource centres, technology service
centres, communication resources
networks, training in computer
application, and intellectual property
rights and related issues. Under this
scheme CAPART has sanctioned 112
projects involving assistance of Rs 4.18
crores. Under RIDS, programmes for
rural innovative habitat development,
integrated environmental sanitation,
rural infrastructure development, etc are
promoted. CAPART has sanctioned 27
projects under the RIDS scheme, involving
assistance of Rs. 2.04 crores. Under HRDS,
activities include capacity building of PRI
functionaries, promotional workshops,
and training of rural unemployed youth
for sustainable and gainful employment.
For imparting skills training to one lakh
unemployed youth from 50 backward
districts of the country, 29 Nodal NGOs
have been identified and training
imparted to their representatives.
Under the EWSCTD scheme, CAPART
undertakes capacity building of NGOs.
It has sanctioned 20 projects under this
scheme (till 31.12.2005) involving an
assistance of Rs. 1.11 crores. CAPART
incurred total expenditure of Rs. 55.05
crores during 2004-05.
Specialised Financial Institutions
37. The National Minorities Development and
Finance Corporation, set up in 1992, provides
special focus to economic development of
the backward sections among minorities.
Establishment of NMDFC is a major landmark
in the attempt to enhance credit flow to
minorities at the national level. It is a nationallevel
apex financial body, functioning under
the Ministry of Minority Affairs. Its aims and
objectives include:
 To promote economic and developmental
activities for the backward sections among
minorities, preference being given to the
occupational groups and women;
 To assist individuals or groups belonging to
minorities by way of loans and advances for
economically viable schemes and projects;
 To promote self-employment and other
ventures for the benefit of minorities;
 To extend loans and advances to eligible
members for pursuing general, professional
or technical training or education at
graduate or higher level;
 To assist upgradation of technical and
entrepreneurial skills of minorities for
efficient management of production units;
 To assist State-level organisations dealing
with development of minorities by providing
financial assistance or equity contribution;
 To work as an apex institution for
coordinating and monitoring the work of all
corporations, boards or other bodies set up
by States/UTs for assisting the minorities in
their economic development; and
 To help in furthering the governmental
policies and programmes for development
of minorities.
37.1. NMDFC provides financial support to
minority families having income below the
double poverty line. At present this amounts
to an annual family income of less than Rs
40,000/- in rural areas and Rs 55,000/- in urban
areas. Funds are channelised through State
Channelising Agencies (SCAs) and NGOs. At
present there are 35 operational SCAs in 24
States and 2 UTs, who channelise the NMDFC
funds for development work. Of these 35
agencies, 12 are exclusive corporations for
minorities, while 16 are corporations for
Scheduled Castes/Scheduled Tribes/Other
Backward Castes/Women, and 7 are State
bodies, Industrial Corporations, Cooperatives
or banks with a mandate to serve special
Measures for Welfare and Development of Minorities
97
occupational groups or purvey credit to
priority sectors. In the network of NMDFC,
there are about 150 NGOs across the country
for implementing the scheme of micro-finance
launched in 1998-99.
37.2. NMDFC Lending Schemes and
Programmes: The main activity of the
Corporation is to extend term loans up to
Rs 5.00 lakhs to beneficiaries from minority
families whose income is below double the
poverty line, for financing viable projects.
NMDFC finances up to 85 percent of the
project cost to a maximum of Rs 4.25 lakh; the
SCA provides 10 percent and the beneficiary
contributes 5 percent of project cost. The rate
of interest charged from SCA is 3.5 percent
p.a., which in turn charges 6 percent from the
borrowers. Micro-finance scheme, run on the
SHGs (Self Help Groups) concept with the help
of selected NGOs is for the poorest members
of minorities who generally have no access to
formal bank credit. Under Mahila Samriddhi
Yojana, the Corporation bears the training
cost and stipend for training that is provided
to groups of about 20 women, in suitable craft
activities. The group is formed into a SHG and
after the training, micro-credit is provided.
37.3. Education Loan: This scheme provides
loan for professional and technical courses with
good employment potential up to a maximum
duration of 5 years.
Margin Money scheme: Financial assistance is
provided to the eligible beneficiaries to meet the
requirements of margins asked for by banks for
sanctioning of loans. NMDFC has launched a
special programme for economic development
of minorities in the 41 minority concentrated
districts (MCDs).
37.4. NMDFC’s Promotional Schemes include
the following :
 Vocational Training: Short term needbased
vocational trainings are supported
by NMDFC contributing 85 percent as
grant to the organisers, who are local
recognised training institutes.
 Marketing Assistance to Crafts persons:
To support crafts persons in market
promotion and sale at remunerative
prices, NMDFC finances SCAs and NGOs
in organising exhibitions at selected
locations, for sale of the handloom
and handicraft products of minority
community crafts persons.
 Assistance for Design development /Skill
upgradation: NMDFC provides grants to
SCAs and NGOs to give exposure to crafts
persons to new designs and for training to
upgrade their skills to meet the challenge
of the changing market.
Performance and Impact of NMDFC
37.5. The Corporation has an authorised
share capital of Rs. 650 crore out of which the
Government of India’s share is 65 percent. The
Government of India has so far contributed
Rs. 375.36 crore in equity of the Corporation
while Rs. 96.50 crore has been contributed
by the various State Governments. Since its
inception, during the last twelve years, the
Corporation has provided financial assistance
of Rs. 917.75 crores to 3,41,077 beneficiaries
through State Channelising Agencies and
NGOs. Table 7.5 depicts the trends in the
disbursements and coverage of beneficiaries
by NMDFC:
37.6. Quantum disbursed by NMDFC for term
loans had gone up from Rs 3003.94 lakh in 1994-
95, to Rs. 12667.37 lakh in 2004-05 but came
down to Rs. 9818.00 lakh in 2006-07. The number
of beneficiaries of term loans has gone up in
the same period from 9570 to 34449 persons
in 2004-05. The total number of beneficiaries
upto 2006-07 was 2,17,071 persons, with a total
disbursement of Rs. 9818.00 lakh. Term loans
are the major component of NMDFC lending.
The growth rate of the scheme was uneven
in the initial years, but showed a constant
upward trend after 1997-98 uptill 2004-05 after
which it declined during the last two years.
The year 2004-05 showed substantial increase
in disbursement of term loans, from Rs. 81.43
crore in 2003-04 to Rs. 126.67 crore, registering
a growth rate of 66.38 percent.
Report of the National Commission for Religious and Linguistic Minorities
98
37.7. The micro-finance scheme, started in
1998-99 benefited 798 persons in that year,
with total disbursement of Rs.34.12 lakh. The
quantum of disbursement under the scheme
has been showing an upward trend upto
2006-07 except sharp decline during the year
2002-03. The total disbursement under the
scheme has gone up to Rs.1317.13 lakhs during
2006-07 covering 25,482 beneficiaries.
37.8. The education loan scheme, began in
2003-04, benefited 368 persons in that year,
with a financial disbursement of Rs.81.25
lakh. The beneficiaries increased during the
years 2004-05 and 2005-06 to 1103 and 1195
respectively but came down to 530 during
2006-07. The amount of disbursement also
registered a decline during 2006-07.
37.9. The Mahila Samriddhi Yojana began in a
small way in 2002-03 and an amount of Rs.1.53
lakh was disbursed to 40 beneficiaries. The
disbursement and coverage of beneficiaries has
been increasing continuously with an amount
of Rs.6.96 lakh during 2006-07 covering 320
beneficiaries.
Table 7.5: Performance of the NMDFC in Terms of Disbursement and Coverage of Beneficiaries
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).
(Rs. in lakhs)
Measures for Welfare and Development of Minorities
99
37.10. Under NMDFC’s promotional
schemes, the beneficiaries of interest free
loan component were 2340 in 1998-99 with
disbursement of Rs.4.90 lakh. The number of
beneficiaries went up to 10430 in 2001-02 with
disbursement of Rs.21.71 lakh. The coverage
under the scheme is, however, coming down
thereafter with a disbursement of Rs.1.21 lakh
only during 2005-06 with 590 beneficiaries.
No disbursement has been reported during
the year 2006-07.
37.11. The amount disbursed for Vocational
Training during the years 1999-2000 and
2000-01 was Rs.4.45 lakh and Rs.17.95 lakh
respectively covering 139 and 290 beneficiaries.
While the disbursement under this scheme
has been increasing gradually amounting to
Rs.43.78 lakh during 2006-07, the number of
beneficiaries of the programme has gone down
to 858 as against 1389 during 2005-06.
37.12. Further, it may be evident from
Table 7.5 that the amount of disbursement
and number of beneficiaries under various
schemes has been increasing year after year
except occasional decline as discussed in
the above paragraphs. The total amount of
disbursement under various schemes has
been Rs. 917.75 crores benefiting a total
of 3,41,077 beneficiaries. However, the
assistance provided has been very limited,
both in terms of physical and financial
coverage. It is apparent from Planning
Commission’s survey that the number of BPL
families among minorities in rural and urban
areas is substantial. Economic empowerment
of women from these households can only be
achieved by organising them as SHGs and
providing them micro credit.
37.12 The percentage of loan recovery was
above 90 percent during 2002-2003 and 2003-
04 but has come down to 83.87 percent from
State Channelising Agencies and was 88.64
percent from NGOs by the end of the financial
year 2006-07. This indicates that more and
more recyclable fund is becoming available
to NMFDC for implementing its objectives.
However, it may be mentioned that recovery
from beneficiaries is poor and hence
recovery from States is not an indicator of
the performance. Authorised share capital of
NMDFC needs to be substantially enhanced.
The limit on channelising agencies in State
needs to be lifted and there should be no need
for State guarantees.
37.13. The community-wise disbursement of
funds under Term Loan and Micro Finance as
well as coverage of beneficiaries is shown in the
Table 7.6.
Table 7.6: Community-wise Disbursement of
Funds by NMFDC
Community Beneficiaries % Funds provided
(Rs. In crores)
Muslims 77 457
Christians 15 89
Sikhs 7.5 45
Buddhists 0.5 3
Parsis 0 0
Total 100 594
Source: Rapid Assessment of the Role of Financial Institutions in
the Upliftment of Minorities in the Country, by Agricultural Finance
Corporation Ltd, Mumbai, 2006
37.14. As may be seen from the Table 7.6,
maximum amount of loan was disbursed to
Muslims, followed by Christians and Sikhs.
Buddhists account for a very small percentage of
beneficiaries, and Parsis have not taken up the
loans at all. State-wise disbursement of funds
under term loan and beneficiaries coverage as
on 31.3.2005 is given in the Table 7.7.
37.15. As may be evident from the Table 7.7,
maximum amount of term loan was availed
by Uttar Pradesh (19.31 percent), West Bengal
(15.90 percent), and Kerala (14.29 percent).
Between them, these three States corner about
50 percent of the total loan disbursement.
Other States where there has been substantial
disbursement are Gujarat (8.17 percent),
Karnataka (7.33 percent), Andhra Pradesh
(4.41 percent), Maharashtra (4.26 percent)
and Mizoram (4.13 percent). These 8 States
between them have availed of about 75
Report of the National Commission for Religious and Linguistic Minorities
100
percent of the Term Loan disbursement.
The State of Uttarakhand availed the lowest
amount of Rs 25 lakh (0.04 percent).
37.16. From the point of view of social equity,
the beneficiaries of Term Loan coverage and
loan amount should be in proportion to the
minority population of the State. However,
there are disparities on this count. For
example the States of Maharashtra and Bihar
have 9.20 percent and 7.29 percent of the
country’s minority population, but share only
2.31 percent and 3.60 percent of the loans
disbursed.
37.17. The data contained in Table 7.7 is
based on the Report of Agriculture Finance
Corporation which was asked by the
Commission to conduct a study on the role
of financial institutions in the upliftment
of minorities. However, as per latest data
received from the NMDFC, disbursement to
Table 7.7: State-wise Disbursement of Loans and Beneficiaries Coverage
(Term loan only) Cumulative as on 31 March, 2005
(figures in lakh)
Sr
No.
State/UT Minority
population
% of country
Min. population
Amt.
disbursed
%
disbursement
Beneficiaries
covered
%
coverage
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
Pradesh
2.75 0.15 451.56 0.67 867 0.48
10 Jammu &
Kashmir
71.34 3.76 1614.76 2.39 2955 1.65
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 100
Source: Rapid Assessment of the Role of Financial Institutions in the Upliftment of Minorities in the Country, by Agricultural Finance Corporation Ltd,
Mumbai, 2006
Measures for Welfare and Development of Minorities
101
States upto the end of 2006-07 aggregates to
Rs. 870.52 crore with 2,24,447 beneficiaries.
Outreach of NMDFC
37.18. The NMDFC has been able to cover
only 1.60 percent of those eligible to receive
economic development support under
its programmes upto 31st March, 2005 as
indicated in the Table 7.8.
Table 7.8: Outreach of NMDFC
S.No. Total minority
population (projected)
1960.06 lakh
1. Proportion BPL 28.67%
2. Proportion Double BPL 43%
3. Population below
double BPL
842.83 lakh
4. Population covered by
NMDFC
2.54 lakh x 5.3
= 13.46 lakh
Reach (%) 1.60%
Source: Rapid Assessment of the Role of Financial Institutions in
the Upliftment of Minorities in the Country, by Agricultural Finance
Corporation Ltd, Mumbai, 2006.
Bank Credit to Minorities
38.1. The scheduled Commercial banks,
Regional Rural Banks sponsored by Public
sector banks, and Cooperative banks
together provide rural credit delivery in the
country. Reserve Bank of India has directed
the Commercial banks to provide loans to the
priority sectors comprising agriculture and
allied activities; small, tiny, cottage and village
industries; rural artisans, small traders etc to
the tune of 40 percent of their credit portfolio.
This includes 18 percent of lending exclusively
to agriculture and 10 percent to weaker sections
of society. Regional Rural Banks were set up
to cater to the needs of the poor in agriculture
and micro-enterprises sector. Today, rural
and urban areas characterised by poverty are
served by over 1.50 lakh retail credit outlets
comprising over 92000 cooperative societies,
more than 12000 branches of Cooperative
banks, and over 14000 branches of RRBs and
34000 branches of Commercial banks.
38.2. Besides, there are a few Financial
Institutions (Development Banks) which
provide long term capital for industries and
agriculture. The major financial institutions
are NABARD (National Bank for Agriculture
and Rural Development) and SIDBI (Small
Industries Development Bank of India),
which are playing an important role in the
development of agriculture, small scale
industries and the rural sector as a whole.
38.3. Though none of the Commercial banks,
Regional Rural Banks, Cooperative banks
or Financial Institutions have any scheme
exclusively for minorities, they participate
in various poverty alleviation programmes of
the Central and State governments (such as
SGSY, SGRY, PMRY, PMGSY, IAY, SJSRY, DRI
etc) where members of minority communities
are being covered on the basis of prescribed
economic criteria. The government has been
concerned about the low credit takeoff by
minority community members. Government
has therefore instructed banks to ensure that
the credit flow to minorities is extended in
adequate measure, through various schemes
and programmes. With a view to ensuring
adequate credit flow to minorities, the RBI has
issued guidelines to all the Commercial Banks.
The guidelines include the directive that
smooth flow of bank credit through various
government-sponsored schemes should be
ensured; a special cell should be set up in
each bank for this purpose; and an officer
be posted in Lead Banks to exclusively look
after credit flow to minorities and publicise
various programmes among the minority
communities of the area. The half-yearly
figures for credit flow to minorities is to be
sent to the RBI, and the progress of credit to
minority communities is to be periodically
reviewed.
38.4. The status of Credit Disbursement to
Minorities in the 41 Minority concentrated
districts, by the scheduled Commercial banks,
shows an increase in the number of accounts
from 1460349 in 2001 to 1479586 in 2005. The
total increase in accounts in the five year period
is 19237, showing a growth of 1.31 percent
only. On the other hand, the loans outstanding
increased substantially from Rs 265452.49
Report of the National Commission for Religious and Linguistic Minorities
102
lakh to Rs 520141.24 during the same period,
i.e. a growth of 95.95 percent. The growth rate
of credit outflow is satisfactory, although it
appears that a relatively few account holders
are cornering a larger share of the credit. This
trend needs to be corrected to ensure flow
of credit to the poorest among the socioeconomically
backward minorities. Details are
given in the Table 7.9.
38.5. Review of the State-wise Credit flow in
the 41 Minority concentrated districts in 11
States indicates that while in Madhya Pradesh,
growth rate is 21.98 percent in number of
accounts in 2004-05 over the previous year,
Karnataka has a growth rate of 18.32 percent.
It is 10.06 percent in UP, 8.38 percent in
Gujarat, 6.55 percent in Kerala but is negative
in the other States. With respect to the loans
outstanding for the financial year 2004-05, 10
States have registered good growth over the
previous year, ranging from 18-20 percent
(in Andhra Pradesh) to 98.97 percent (in
Madhya Pradesh). Only the State of Rajasthan
has fared badly, with a negative growth rate.
Details are given in the Table 7.10.
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
A/Cs over previous year
%age increase in
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 30.69
Source: Rapid Assessment of the Role of Financial Institutions for Upliftment of Minorities in the Country, by Agricultural Finance Corporation Ltd,
Mumbai.
Table 7.10: State-wise Credit Outflow in Minority Concentration Districts
(no. of accounts and amt in lakh rupees)
Name of the
State
Avg. minority
population
in minorityconcentrated
districts
(percentage)
No. of Accounts Amount outstanding
31.3.2004 31.3.2005 %
increase
31.3.2004 31.3.2005 %
increase
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
Pradesh
28.7
124120 81127 -34.64 32626.41 38568.72 18.21
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 30.69
Source: Reserve Bank of India
Measures for Welfare and Development of Minorities
103
38.6. Analysis of details of credit flow in the
minority concentrated districts indicate
that 1479586 accounts (25.6 percent) with
Rs. 5201.41 crore (11.71 percent) out of the
total of 5782595 accounts with Rs. 44417.22
crore outstanding under priority sector
advances (as on 31 March 2005) belonged to
minorities. The community-wise share is as
show in Table 7.11.
38.7. The Muslim population in these 41
districts is about 33.35 percent of the total
population of these districts, so their share
of bank accounts and bank credit should be
proportionately more than that which is at
present. In the case of Sikhs and Buddhists too
the share is less than their population i.e. 1.87
percent and 0.77 percent respectively. The
small average amount per loan availed by
Muslims, Sikhs and Buddhists may be an
indicator of their lower credit absorption
capacity which may be due to lack of knowledge
of trades and activities, entire perennial skills
and difficulty in availing loans. Counseling,
technical guidance and training need to
be provided on a large scale.. The average
loan amounts are higher in the case of other
beneficiaries.
38.8. The details of number of accounts and
amount outstanding community-wise in
minority concentrated districts during 2001-
2005 is given in the Table 7.12. As indicated
in the Table, maximum number of accounts
and amounts outstanding going to Muslims,
followed by Christians, Sikhs, Buddhists and
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
Sr
No. State
Minority Communities
Muslims Christians Sikhs Buddhists Parsis
No of
A/Cs
%
Amt
%
No. of
A/Cs
%
Amt
%
No. of
A/Cs
%
Amt
%
No. of
A/Cs
%
Amt
%
No. of
A/Cs
%
Amt
%
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 (-) negligible
Source: Reserve Bank of India
Table 7.11: Community-wise Outflow in
Minority Concentrated District
(in percent)
Community No. of
Accounts
Amount
outstanding
Muslim 20.61 7.96
Christian 3.84 2.35
Sikhs 0.92 0.86
Buddhists 0.22 0.51
Parsis 0.01 0.03
Report of the National Commission for Religious and Linguistic Minorities
104
National Bank for Agriculture and Rural
Development
38.9. National Bank for Agriculture and Rural
Development (NABARD) was set up by the
Central Government as a developmental bank
with the objective of facilitating credit flow
to agriculture, rural industries and crafts,
and promote integrated rural development.
It has various programmes for upliftment of
weaker sections of society comprising small
and marginal farmers, STs and SCs, and
people living below the poverty line. Members
of minority communities have benefited
from NABARD’s different schemes aimed
at economic development of the poor and
marginalised people. These schemes include
support to small and marginal farmers;
special line of Credit for tribals; SC/ST Action
Plan; Comprehensive Tribal Development
Program; Swarnajayanti Swarozgar Yojana;
Promotion of non farm Sector; Cluster
Development; Skill upgradation and design
development for handloom weavers;
Development of Women through area
programme; Assistance to rural women in non
farm Development; Rural entrepreneurship
development programme; and Micro-finance
programme.
38.10. Members of minority communities are
active participants in a large number of selfhelp
groups (SHGs) formed and functioning
successfully in different parts of the country.
NABARD played a pioneering role in the
introduction and spreading of the concept
of SHGs with bank linkages, encouraging the
poor to plan their thrift regularly, and use
the pooled amounts to make small interestbearing
loans to members. Through SHGs,
financial services are provided to the
poor in a sustainable manner, leading to
empowerment. Started on a pilot basis
in 1992-93, the program has become the
world’s largest micro-finance program in
terms of its outreach. As on 31.3.2005, the
programme had enabled an estimated 242.5
lakh poor households to gain access to microfinance
from the formal banking system. The
cumulative refinance support extended by
NABARD aggregated Rs. 3085.91 crore by the
above date. SHGs enable the poor, especially
women from the poor households, to
collectively pool their meagre resources and
prioritise their use for attaining sustainable
development. Active participation of women
(90 percent) and timely loan repayment
(95 percent) are prominent features of this
program.
38.11. NABARD continues to sponsor capacity
building programs for various partners
through training inputs and technical support,
and supports governmental efforts to dovetail
micro-finance practices with the poverty
alleviation programs, besides extending
100 percent refinance support to banks for
financing SHGs. NABARD has conducted
as many as 24357 training programmes
for banks, government, NGOs, SHGs etc. It
coordinates micro-finance efforts at national,
State and district levels, and monitors, reviews,
documents and prepares data bases for the
micro-finance sector.
Small Industrial Development Bank of
India
38.12. Small Industrial Development Bank
of India (SIDBI) was established in 1990 as
the principal institution for financing and
development of small-scale industry (SSI).
SIDBI has organised SHGs as a promising
tool for job creation and income generation
for the poor. Any individual or organisation in
the SSI sector, including minority community
organisations, can obtain financial assistance
for setting up new small scale units, and for
expansion, modernisation and diversification.
The SIDBI Foundation of Micro Credit was
launched in 1999 for channelising funds to the
poor, with the objective of creating a national
network of strong, viable and sustainable
Micro Finance Institutions from the formal
and informal sectors, to provide micro finance
services to the poor, especially women. Up to
31.03.2005, SIDBI sanctioned loans worth Rs
527 crores under its micro credit program, in
favour of 22 lakh beneficiaries. SIDBI’s impact
study indicates that the support has reached
Measures for Welfare and Development of Minorities
105
deserving poor women who would otherwise
be unable to access credit from the formal
banking system.
Rashtriya Mahila Kosh
38.13. Rashtriya Mahila Kosh (RMK): Set
up in 1993 by the Central Government,
RMK promotes activities for provision of
credit to women from poor households, as
an instrument of socio-economic change,
through a package of financial and social
developmental services. RMK generates
setting up and sustenance of income
generating activities, assets creation, as
well as tiding over contingent, social and
consumption needs. It works through a
set of Micro Finance Organisations at the
intermediary level, and thrift and credit
groups of SHGs of borrowers at the grassroots
level. The assistance from RMK is available
to poor women irrespective of caste or
religion. By the end of January, 2006, 45,447
SHGs were formed with 5,37,652 members.
Social Justice
39. Social justice measures for the weaker
sections of society include legal measures
that ensure protection of civil rights and curb
social discrimination. The Protection of
Civil Rights (PCR) Act, 1955, and the SC and
ST Prevention of Atrocities (POA) Act, 1989
are two important pieces of legislation that
address the problems of social discrimination,
untouchability and of exploitation and
atrocities against disadvantaged groups.
Special courts/mobile courts are provided
for under the POA Act for on-the-spot trials
and speedy disposal of cases. Ninteen states
have appointed special officers/ squads/ cells
to ensure effective implementation of the
Act. The Tenth Plan outlay for the scheme of
Implementation of the PCR and POA Acts was
Rs 170 crore. Financial assistance is provided
to strengthen administrative, enforcement
and judicial machinery related to these
legislations, speedy redressal of grievances
as well as timely and adequate relief and
rehabilitation of the affected persons.
According to the Crime in India Report,
cases of crimes against the Scheduled Castes
dropped from 33,507 in 2002 to 19,351 cases in
2003. Effective implementation of the Indian
Penal Code, PCR and POA Acts is necessary
to protect the rights and interests of those
treated as untouchables, Scheduled Tribes
and Scheduled Castes ensuring their safety
and security.
39.1. Eradication of manual scavenging is
a national priority. Dry latrines are being
converted into water-borne latrines, and
scavengers are being trained in other kinds of
work, and rehabilitated. The aim is to achieve
total eradication of this inhuman practice on
a time-bound basis and with a Mission Mode
Approach by 2007.
39.2. Strengthening grassroot democratic
institutions: Strengthening of Panchayati
Raj Institutions and Gram Sabhas as per the
provisions of 73rd and 74th Constitutional
Amendments is a measure of far-reaching
consequences for decentralisation of
governance. Through these measures, the
participation of disadvantaged groups
including women, in these institutions
of grassroots planning and governance is
ensured. The powers of the local bodies have
also been enhanced. Through increased
participation in these local bodies, the interests
and concerns of the weaker sections are
receiving greater attention. Developmental
goals are getting tuned to the needs and
priorities of the relatively marginalised groups,
thus benefiting them. The Gram Sabha is
empowered to emerge as the foundation
of Panchayati Raj. Devolution of funds is
accompanied by devolution of functions and
functionaries as well. Reservations for deprived
classes including women of the population
in Panchayats and in leadership positions in
Panchayats is today a reality. The impact of
these measures can be seen, with more than
21 lakh representatives today elected to
the three levels of Panchayats, of which 40
percent are women, 16 percent are Scheduled
Castes and 11 percent are Scheduled Tribes.
This step not only leads to political
Report of the National Commission for Religious and Linguistic Minorities
106
empowerment of weaker sections of society,
including members of the various religious
communities, but also empowers the elected
Panchayat bodies to function as units of local
self-government.
39.3. Steps are afoot for the effective
implementation and monitoring of the
20-Point Programme for ensuring social
justice to SCs and the 15-Point Programme
for protection and development of minorities.
This includes implementation of the threepronged
strategy of ‘Awareness Generation’
by (i) changing the general mind-set and
attitudes towards the weaker sections, (ii)
conscientisation of the Target Groups to make
them conscious of their own rights, privileges
and governmental support available for
them, emphasising a participatory approach
and (iii) sensitising both officials and nonofficials
with special training programmes so
that they can work with the right perspective
to meet the special needs of the minority
groups.
39.4. In addition, existing Commissions for
Scheduled Castes, Scheduled Tribes, Other
Backward Castes, Minorities, and Safai
Karamcharis are taking steps to safeguard the
rights and interests of these groups and ensure
social justice to them as under:
i) National Commission for SCs: Consequent
upon 89th Constitution (Amendment) Act,
2003, the National Commission for SCs
& STs was bifurcated and the National
Commission for SCs re-constituted in
February 2004. The Commission is a high
level independent constitutional body to
monitor the safeguards provided for SCs.
It has wide powers to protect, safeguard
and promote the interests of SCs, and
has been conferred powers of civil court
to try a suit and summon and enforce
attendance of any person from any part
of India and examine him/her on oath.
Reports of the Commission along with
Action Taken Report are required to be
tabled in Parliament.
ii) National Commission for Scheduled
Tribes: Consequent on the bifurcation
of National Commission for Scheduled
Castes/Scheduled Tribes, National
Commission for Scheduled Tribes was
constituted in February, 2004. It is
also a high level constitutional body to
monitor the safeguards provided for
Scheduled Tribes and has wide powers
to protect, safeguard and promote the
interest of Scheduled Tribes. Reports
of the Commission along with Action
Taken Report are required to be tabled in
Parliament.
iii) National Commission for Safai
Karamcharis: The National Commission
for Safai Karamcharis was set up under
the provisions of National Commission
for Safai Karamcharis Act, 1993 to
promote and safeguard the interests
and rights of safai karamcharis. The
Commission has been empowered to
investigate specific grievances as well
as matters relating to implementation
of programmes and schemes for welfare
of safai karamcharis. Reports of the
Commission along with Action Taken
Report are required to be laid on the
table of the Parliament.
iv) National Commission for Backward
Classes (NCBC) NCBC was set up in 1993
as a permanent body for entertaining
requests from castes/communities for
inclusion/exclusion in the Central List of
OBCs for each State/UT and complaints
of over-inclusion and under-inclusion
in the List of OBCs, examining them and
advising the Govt. of India. As per the
provision of the Act, the advice issued
by the Commission shall ordinarily be
binding upon the Government.
v) The National Commission for Minorities
(NCM) set up in 1978 aims to protect
the interests of minorities. As stated in
the Ministry of Home Affairs Resolution
dated 12.1.1978: “despite the safeguards
provided in the Constitution and the
laws in force, there persists among the
Minorities a feeling of inequality and
discrimination. In order to preserve
Measures for Welfare and Development of Minorities
107
secular traditions and to promote
national integration the GOI attaches the
highest importance to the enforcement
of the safeguards provided for the
minorities and is of the firm view that
effective institutional arrangements are
urgently required for the enforcement
and implementation of all the safeguards
provided for the minorities in the
Constitution, in the Central and State
laws and in the Government policies
and administrative schemes enunciated
from time to time”. The NCM is
responsible to evaluate the progress
of development of minorities, make
recommendations for protection of the
interests of minorities, examine specific
complaints regarding deprivation of
rights of the minorities and take up such
matters with the appropriate authorities.
The NCM has devised its own procedure
to deal with the grievances of minority
communities. The Commission’s reports
are submitted to Parliament along with
an Action Taken Report.
39.5. Efforts for Communal harmony:
National Commission for Minorities has
also from time to time taken up the cause of
sensitising the defence and police services
personnel to issues affecting maintenance of
peace within the communities. This relates
to prevention and handling of riots, and also
the capacity to understand and appreciate
others’ points of view. Such sensitisation
programmes have been organised at national
Police Academy, College of Air Warfare and
at State levels. Joint peace committees in
the mohallas and holding of meetings with
community leaders, is very important and
makes a difference when the atmosphere is
otherwise vitiated by communal tension/
riots. All possible steps need to be taken to
instill confidence and a feeling of security in
minority communities, particularly in areas
of tension or violence.
39.6. To sum up, while the government is
taking a very wide range of measures for the
welfare and development of weaker sections
of society, their empowerment through
education and economic development should
get priority. The Tenth Plan indicated, however,
that as a result of developmental programmes
and schemes, the ratio of SCs and of STs
below poverty line has been decreasing. As
corresponding information on poverty levels
for all religions is not available, the current
estimates of poverty head count based on
61st Survey Report of NSSO do not give a very
heartening picture of the Muslim community.
39.7. Most recent estimates place all India
Poverty Head count at 22.7 percent based
on 365 recall period 2004-05. In absolute
numbers, this amounts to over to 251 million
people spread cross India. SCs/STs together
are the most poor with a Head Count
Ratio (HCR) of 35 percent followed by the
Muslims who record the second highest
incidence of poverty with 31 percent people
below the poverty line. Incidence of poverty
among Muslims in urban areas is the
highest with HCR of 38.4 percent. The Hindu
(general) is the least poor category with an
HCR of only 8.7 percent and the OBCs are at
intermediary level HCR of 21 percent closed to
the all India average.
39.8. Muslims (Ashrafs) have benefited
from the general schemes available for all
sections of society, the Non Ashrafs, both
Ajlafs and Arzals are bracketed together under
the OBC category. Ajlafs comprise of such
occupational groups as carpenters, artisans,
painters, grazers, tanners, milkmen etc and
Arzals, lowliest among Muslims, consist of
Halakhor, Lalbegi, Abdal, and Bediya.
Gaps and Challenges
40. As is evident from the poverty figures,
literacy, education and employment data, the
Muslim minority is, more or less, at par with
SCs/STs, BPL families etc. It was only in late
seventies that backwardness of education of
Muslim minority started receiving special
attention and resulted in some action on the
Report of the National Commission for Religious and Linguistic Minorities
108
part of the State. After Census 2001 brought
out its First Religion Report the statistics
on several aspects of population by religion
(literacy, educational attainment, sex ratio,
work participation became available in the
public domain that resulted in public debate
and State action. In the last two years of the
Tenth Plan, special attention has been paid
to Muslim children under SSA and other
measures have been taken to improve the
social and economic conditions of Muslims
in areas of high Muslim concentration.
Regional Dimension of Development: A
Major Challenge
40.1. Analysis of data region wise indicates
that Muslims who are considered an
educationally backward minority at the national
level are not a monolith. They have internal
divisions of Ashraf and Non Ashraf (Ajlaf and
Arzal) and there is a wide range in educational
attainments across regions. In some of the
southern states, their literacy levels are higher
than the state average though it is poor in most
of the northern states such as Uttar Pradesh,
Bihar, west Bengal, Assam to name some.
These are also the States which fare poorly on
all development indicators and house bulk of
the BPL population of India where rural urban
divide is the sharpest. Backward status of
minorities and specially Muslims has to seen in
the immediate context of social and economic
developmental status of the area in which they
live. It is to be noted that majority of the Muslim
concentration districts north of Vindhyas are
among the most backward regions of their
respective states with deficient infrastructure of
roads, connectivity, electricity, water, sanitation,
health and education as also low employment
potential and thus low economic growth. These
districts require higher degree of attention and
commitment translated into budgetary inputs
and better governance not for minorities but
for all SEBs generally.
40.2. Although the weaker sections of
society, including the backwards among
minorities, have gained from the plethora
of developmental measures adopted since
Independence for their welfare, the reach is
inadequate. It is important to identify gaps
in the overall endeavours to bring about allround
development of weaker sections of
society. A critical review of the status of the
minority communities indicates that as in the
case of other weaker sections in the backwards
amongst minorities, in terms of educational
and economic progress, in access to basic
infrastructure and share in decision making
have miles to go.
Measures Suggested for
Accelerated Development and
Welfare of Minorities
41. The Commission had requested State
Governments/UT Administrations to provide
information relating to their developmental
status and welfare measures taken for these
classes through a Questionnaire. Based on
the information received from the States/UTs,
the discussions held with them and data &
views available from other sources, special
initiatives and thrusts required to ameliorate
the difficulties are briefly enumerated in the
following paragraphs:
41.1. There is a need to accelerate
implementation of developmental and welfare
schemes for the weaker sections among
the minorities. This can be done only by
increasing the accessibility of the poorer among
the minorities, to opportunities, facilities
and services for economic empowerment,
educational advancement and to measures for
ensuring social justice and equity.
41.2. It is necessary to collect information
and data to assess the existing situation of
minorities in different States and UTs, with a
view to formulate need based, area specific
programmes and schemes for targeting the
socially and economically backward amongst
the minority communities.
41.3. Public efforts and carefully conceived
actions need to be taken to alleviate relative
Measures for Welfare and Development of Minorities
109
backwardness, especially in areas of education,
employment, training, productive credit and
political participation of the weaker sections of
minority communities.
41.4. It is essential to review and reform
the working of all 5 National Finance and
Development Corporations (for Scheduled
Castes, Scheduled Tribes, Other Backward
Classes, Minorities and Safai Karamcharis),
so they can play an effective catalytic
role in assisting the weakest amongst
the disadvantaged minorities to become
economically self-reliant. Business and
managerial reforms to make them more
effective financial instruments for empowering
the weaker sections of the special groups is
required. Adequate funds from banks and
financial institutions need to be leveraged to
make them self-reliant. Suitable, need-based
viable activities need to be selected, with
necessary training, and backward and forward
market linkages to ensure optimal utilisation
of funds and resources for the maximum
number of minorities.
41.5. The role of National Minority
Development and Financing Corporation
has been undermined by insufficiency of
funds and the stringent rules and regulations.
As stated earlier, only 1.6 percent of eligible
minority community members in minority
concentrated districts had actually received
financial support. Thus, both the quantum and
also the net coverage needs to be substantially
increased. For expanding coverage ,all
activities and vocation based corporations
should be the channelising agencies and there
should be no requirement for State guarantee.
For ensuring this, projects should be prepared
at the village and block level. The Monitoring
Committees at Block and District level should
review the progress of applications received
and examine, approved and sanctioned. They
should also regularly see whether the amounts
sanctioned are adequate for setting up the
activity or trade, that there is no undue delay
in approval, sanction and disbursement of
loan amount. They should also review the
recovery position. Reviewing the financial flow
to minorities via the commercial banks, an RBI
study (2001) recommended that lead banks
of minority concentrated districts will have to
play a far more pro-active role to ensure that
minorities, particularly those who are poor and
illiterate, have access to bank credit for taking
up productive activities.
41.6. While the Governments of Bihar, West
Bengal and UP have set up Departments of
Minority Welfare, in other States/UTs, the
work of Minority Welfare is being looked after
by the Department of Social Welfare/Social
Justice & Empowerment. It was suggested that
a separate Department of Welfare of Minorities
should be set up in those States/UTs where
Minorities account for more than 15 percent of
State/UT’s population.
41.7. State Minorities Commissions have
already been set up in the States of AP, Assam,
Bihar, Chhatisgarh, Karnataka, Jharkhand,
M.P., Manipur, Maharashtra, Rajasthan, Tamil
Nadu, U.P., West Bengal, Uttaranchal and Delhi.
Keeping in view the grievances and problems
faced by the minorities, it was suggested that
State Minorities Commissions should also be
set up in the remaining States where minorities
comprise more than 15 percent of population
of the State/UT.
41.8. The Governments of AP and Karnataka
have suggested that in order to empower the
minority communities, their representatives
should be in all State level Commissions,
Committees, Boards and Corporations and the
Chairmanship should be kept rotating among
different religious groups with a view to provide
a sense of participation.
41.9. Independent Minorities Development
& Finance Corporations have been set up in
the States of AP, Bihar, Karnataka and Tamil
Nadu only. Provision of financial assistance at
concessional rates to minority communities
is being looked after only by the Backward
Classes Finance & Development Corporations
in the States of Kerala, Jharkhand, Tamil Nadu
Report of the National Commission for Religious and Linguistic Minorities
110
and Pudducherry. In other States, there is no
specific institutional set-up for extension of
credit flow to minority communities. It was,
therefore, suggested that States/UTs where
population of minorities is more than 15 percent
may consider setting up Minorities Finance &
Development Corporations.
41.10. State Wakf Boards have been constituted
in all States/UTs with sizeable Muslim
population except Jharkhand, Goa, Arunachal
Pradesh, Mizoram and Nagaland. It was
reported during the visits of the Commission
to various States/UTs that the Wakf Boards
are short of funds for implementing
developmental schemes. They are generally
facing the problem of encroachments on
their properties. Some State Governments
have formed Wakf Tribunals for resolution
of disputes. It was suggested that sufficient
powers should be delegated to State Wakf
Boards and they should be headed by senior
officers for better management and getting the
properties released from adverse possession.
Karnataka model of Wakf Development
Corporation should be adopted in all
states having more than 15 percent Muslim
population. Substantial portion of the revenue
generated by the Wakf properties should be
spent on the education of Muslim children,
especially girls.
41.11. It has been noted that minority
educational institutions face a lot of difficulties
in getting registration from appropriate
Boards/Universities. During visits to States/
UTs, it was emphasised that recognition
should be granted to minority institutions
in a reasonable time period and procedure
should be simplified. In addition to Central
Universities, deemed universities, colleges and
other leading institutions should be allowed to
affiliate minority educational institutions.
41.12. During discussions, it was suggested
that the Central Govt. should provide special
package for education of Muslims; educational
institutions run by minorities should be given
grants by Maulana Azad Education Foundation;
special measures to promote education of
girls be taken up. It was also suggested that
Vocational Training Centres and Polytechnics
be set up in minority concentration areas. The
number of Anganwadis should be increased
and Mid Day Meals scheme should be extended
to all schools in minority concentrated areas.
Adequate number of hostels and coaching
centres should also be set up at district
headquarters.
41.13. Madrasas of various grades and
patterns are spread in almost all States/UTs
for imparting religious education. In his
book entitled “Centres of Islamic Learning in
India”, Dr. ZA Desai, ex-Director, Epigraphy,
Archaeological Survey of India) has recorded
that Madrasas were located at central spots.
While the curriculum centred upon the Quran,
writing exercises, secular poetry and subjects
like grammar were also taught. During visits
of the Commission to States/UTs, it came
to our notice that the pattern of Madrasa
education varied from State to State. Although
Madrasa Education Boards have been set up
in the States of Bihar, Kerala, Uttarakhand,
Rajasthan, MP, West Bengal and, the Board
had control over administrative matters,
quality or pattern of education only on the
Madrasas receiving grants from the Govt.
of India. States like Kerala and Tamil Nadu
generally follow a pattern where children
going to Madrasas are also attending regular
schools. The participants in Uttarakhand,
J&K, Delhi, Rajasthan, AP, Karnataka, Tripura,
Kerala, Orissa and MP recognised the need
for modernisation of Madrasa education.
It was noted that students from most of the
Madrasas in Bihar, West Bengal and certain
Madrasas in UP, are given Certificates which
make them eligible for further studies in
modern educational institutions. In Bihar,
23 Madrasas are up to B.A. level and 13 up to
M.A. level. However, the number of Madrasas
imparting regular quality education at par
with the government and other institutions
recognised by State Boards is very limited.
Eligibility for employment, both in public
and private sectors, depends on the quality
Measures for Welfare and Development of Minorities
111
and content of education. It is, therefore,
important that except for Madrasas that run
and manage regular schools, the rest should be
encouraged to adopt the Kerala model so that
all children attend regular schools. While the
modernisation of Madrasas/Maktabs can be
pursued, it is no alternative to enhancing state
school capacities to meet the requirements
of the weakest of the weak among backward
communities and classes. The State needs
to aid only those Madrasas/maktabs which
are following curricula of the State Board/
University for joining the mainstream.
41.14. Muslim Wakf properties are already
being utilised, to some extent, for their
educational development. There is need for
streamlining and increasing the utilisation
of Wakf properties for educational purposes.
They may be encouraged to set up hostels,
particularly for girls on priority.
41.15. Specific measures are required for
promotion of education among backward
classes including the Muslims and other
religious minorities whose educational levels
are low specially for girls at different levels
including the following:
i) Residential schools may be set up upto
high school level in major towns and cities
with minority concentration.
ii) Nursery/pre-Nursery schools also need
to be set up in minority concentrated towns
and cities. Integrated Child Development
Schemes (ICDS) should be universalised
without any further loss of time and
Anganwadis set up in all areas.
iii) Hostels should be set up in each block/
district for girls and boys separately where
a minimum of 50 percent seats should be
reserved for backward/weaker sections
including those from religious minorities.
iv) At least two to three Navodaya
Vidhyalayas be set up in each district with
50 percent of seats reserved for SC/ST/
religious minorities and weaker sections.
41.16. Studies have revealed that the pattern
of education at middle and secondary level
does not fulfil the need of trade, industry and
different vocations in the area. Vocational
education should be strengthened and the
curricula of school education at secondary/
senior secondary level linked to local trades and
services and their needs and requirements.
41.17. Vocational Training Centres like ITIs
and Polytechnics should be strengthened. It is
necessary that the curriculum keeps pace with
the changing needs of trade and commerce in
the area. It is, therefore, important to regularly
study educational and training requirement
for different trades and to assess employment
needs and potentialities within the region.
Powers should be delegated at the regional
level so that the training programmes and
courses and curricula for ITIs/Polytechnics
and other training institutions can be reviewed
and curriculum revised and training organised
to ensure employment. Every region/division
should have a committee with government,
public and private sector representation as also
experts who will meet regularly, sponsor studies
or assessments and offer need-based training
and education to the youth of the area.
41.18. Vocational Training Centres should
also be set up for skill upgradation for those
working in different trades on the basis of
local needs such as agriculture, horticulture,
SSI/handlooms and handicrafts etc. and
other trades in which the backward sections
including minority communities are involved.
Adult education and literacy programmes and
curricula should be linked and combined with
educational training.
41.19. The New Vocation Education Scheme
as reported in the Mid Term review of the 10th
Plan is full of possibilities and needs serious
attention to benefit the weaker sections among
minorities and other disadvantaged groups.
There is need for special training in trades
(traditional, area based, and artisan activity
based).
41.20. A large section of minority population is
still not aware of the schemes and programmes
Report of the National Commission for Religious and Linguistic Minorities
112
of the government and agencies. It is, therefore,
necessary that adequate publicity is made
in minority concentrated areas regarding all
schemes. And programmes of government and
agencies. The RBI scheme regarding priority
sector lending also needs to be effectively
implemented and publicised.
41.21. One factor for economic marginalisation
of large sections of minorities, particularly
Muslims, is the decline of several trades and
crafts as a result of mechanisation. There
is, therefore, need to give greater focus to
upgrading the traditional skills of the artisans
and craftsmen and also to provide training and
marketing assistance to these categories.
Cooperatives need to be organised in specific
pockets, especially in the Minority concentrated
districts with large concentration of artisans
and other functional groups belonging to
minorities whose professions are of similar
nature. Artisans in urban areas should also
be covered by industrial cooperative societies,
and their credit, raw material and market
support requirements should be met by such
societies.
41.22. Large sections of backward among the
minorities are not in a position at present to
avail the benefits of existing schemes, due
to lack of awareness. It was suggested that
banks should have two windows – one for
Below Poverty Line and the other for Above
Poverty Line families. This will enable weaker
sections to avail of loans under the prevailing
schemes. Special efforts need to be made to
prepare employment-oriented schemes for
the poor. Vocational training centres should
be set up in large numbers for boys and girls
in minority concentration districts. It was also
suggested that adequate publicity be given
to development/welfare related activities of
Central and State Governments through the
local and regional newspapers.
41.23.The percentage of rural population
engaged in cultivation and agricultural workers
and labourers is substantial. There is need for
providing adequate facilities for training in
agricultural trades and practices especially
with reference to technological advancements
that have taken place to raise productivity and
enhance incomes.
41.24. Since the agricultural operations are
seasonal, for economic empowerment it is
necessary that those engaged in agriculture
along with their family members are provided
training in trades which can occupy them in
off season and give them additional income.
These training programmes can be evolved
after identifying the area specific ancillary
occupations and trades.
41.25. A large segment of population of the
socially and economically backward population
including those living below poverty line is
engaged in household industry. They have
little or no training and lack in skill as also
quality and knowledge for advancement. On
the basis of different categories of households
industries action plan should be prepared for
skill up-gradation on regular basis. Marketing
facilities should also be provided both in rural
and urban areas so that the middlemen are
not able to exploit the household workers.
Action to diversify training for other/alternate
occupations should be taken to ensure higher
income to families engaged in handicrafts,
handlooms etc.
41.26. The poorest and the marginalised are
often deprived of benefits from Government
schemes and assistance from financial
institutions. All religious minorities especially
the women belonging to the socially and
economically backwards amongst minorities
should be organised as Self Help Groups
and funds or assistance made available
by financial institutions as also National
Minorities Development and Finance
Corporation as per rules applicable to others
on a large scale. In this context, the initiatives
taken by Andhra Pradesh through VELUGU
Project to organise women throughout the
State are a good example for adoption on a
larger scale.
Measures for Welfare and Development of Minorities
113
41.27. Economic empowerment of those
sections engaged in menial/pollution based jobs
can be organised by Finance and Development
Corporations through their microfinancing
schemes or NGOs. Two-pronged strategy for
this is required. Pollution based vocations
such as manual scavenging has to be targeted
in an integrated manner. A concerted effort
to introduce technological advancements
to reduce risk and health hazards through
mechanisation of cleaning of septic tanks etc.
by Municipalities, Panchayats must be made
compulsory. Other pollution-based vocations
must be addressed.
41.28. Counseling - cum - guidance centres
for entrepreneurs and artisans belonging to
the SEB sections should be set up in DICs,
SSI Units, DRDAs etc. in coordination with
private entrepreneurs in the area. Help of
professionals/experts should be taken. Services
in the Centres should be provided through
private entrepreneurs who should be able
to help candidates in selecting the trade or
activity, in formulating the project and setting
up the enterprise. The charges for services
can be included in the loan component and
should be the first charge. This is essential both
for socially and economically weak amongst
minorities, the backward classes, SCs and STs
and women as they often lack the capacity and
knowledge as also the initiative to make right
choices and implement them.
41.29. There is a need for encouraging the
recruitment of members of the minority
communities and other weaker sections at
various levels in the police force and other
services. The representation of minorities
in police force, adequate training of police
personnel, setting up of a mechanism for
accountability on the part of police, and
participation and involvement of people in
peace keeping are necessary for maintaining
communal harmony.
41.30. There is need to have a legal mechanism
to ensure that minority communities and
marginalised groups get a fair deal in matters
of recruitment and employment. There is
need to ensure that local administration is
fair, impartial and firm and does not act under
political pressure. The role of institutions of
the State especially the Government, police
and para-military forces and the judiciary,
is absolutely crucial in maintaining and
sustaining an environment of communal
peace and amity. Civil society organisations
should also play a complementary and highly
important role in this process. Legal protective
measures should be uniform for all socio
economic backward sections.
41.31. Monitoring the implementation of PM’s
15-Point Programme
The 15-Point Programme for Minorities has
been revised with a focus on socio-economic
and educational development of minorities. It
envisages comprehensive, holistic development
of the minority groups. With a separate Ministry
of Minority Affairs having been constituted, and
the envisaged earmarking of 15 percent funds
for central/centrally-sponsored developmental
schemes targeted for the upliftment of weaker
sections of the society, there is need to create
an institutional mechanism both at Central
and State level for periodical monitoring of
implementation of the various provisos of this
programme, with a view to ensure utilisation
of funds earmarked under developmental
schemes, so as to make welfare measures
accessible, with benefits accruing to all eligible
stakeholders.
Report of the National Commission for Religious and Linguistic Minorities
114
Chapter 8
RESERVATION AS A WELFARE MEASURE
Introduction
1.1. The spirit of equality pervades the
provisions of the Constitution of India as
the main aim of the founders of the
Constitution was to create an egalitarian
society wherein social, economic and
political justice prevailed and equality of
status and opportunity are made available
to all. However, owing to historical and
traditional reasons certain classes of Indian
citizens are under severe social and economic
disabilities that they cannot effectively
enjoy either equality of status or of
opportunity. Therefore, the Constitution
accords to these weaker sections of society
protective discrimination in various Articles
including Article 15(4). This clause empowers
the State, notwithstanding anything to the
contrary in Articles 15(1) and 29(2) to make
special reservation for the advancement
of any socially and educationally backward
classes of citizens or for SCs and STs.
1.2. Reservation is an affirmative action
taken by the State to remove the persistent
or present and continuing effects of past
discrimination on particular segments of
the Society to:
(i) lift the ‘limitation on access to equal
opportunities’;
(ii) grant opportunity for full participation
in the governance of the society;
(iii) overcome substantial chronic underrepresentation
of a social group; and
(iv) serve/achieve the important constitutional/
governmental objectives.
Historical Background of
Reservation
Reservation during Pre-Independence
Period
2.1. Policies involving reservation of seats for
the marginalised section of the population
have been in existence in the country for a
long period of time. In the late nineteenth
century, after the “first war of Independence”,
the British began to view the Indian population
as a heterogeneous group. They initiated a
range of policies for specific categories of the
subject population – religious minorities as
well as those belonging to lower castes. By the
late nineteenth century the British had started
preparing a list of “depressed classes” and they
set up, scholarships, special schools and other
programmes for their betterment. Also, with a
view to assuaging the sentiments of the growing
movements against the Brahmin domination
in the government and administration, the
British introduced some form of reservations.
In Bombay, seats were reserved for all except
Brahmins, Marwaris, Banias, Parsis and
Christianias. In 1927 in Madras Presidency,
Government reserved 5 of every 12 jobs for
non-Brahmin Hindus, 2 each for Brahmins,
Christians and Muslims and 1 for others. A few
princely States like Baroda, Travancore and
Kolhapur also introduced similar provisions.
In Kolhapur, (Maharashtra) Shahuji Maharaj
reserved 50 percent of the vacant seats in his
administration for non-Brahmins.
2.2. Subsequently, the efforts of Dr. B.R.
Ambedkar in particular and the All India
Reservation as a Welfare Measure
115
Depressed Classes in general eventually helped
to expand the net of reservations. While the
British had earlier reserved seats, only in
legislative bodies, in 1943, reservations in
services came into effect. Accordingly, 8.33
percent posts against direct recruitment made
through open competition were reserved for
Scheduled Castes. These instructions issued
in 1943 can be called as origin of reservation in
government services.
Reservations During Post-Independence
Period
Reservation in Services in Favour of SCs
and STs
2.3. At the time of Independence, instructions
were issued on 21.9.1947 to provide reservations
of 12.5 percent for Scheduled Castes in
respect of vacancies arising in recruitment
made through open competition. However,
for recruitments made otherwise than open
competition reservations of 16.66 percent was
fixed. After Constitution was promulgated, the
then Ministry of Home Affairs in its Resolution
of 13.9.1950 provided 5 percent reservation for
Scheduled Tribes apart from the reservation
that was already in effect for the Scheduled
Castes. According to population ratio of
these communities, based on 1961 Census,
government on 25th March, 1970 increased the
seats reserved for SCs & STs from 12.5 percent
and 5 percent to 15 percent and 7.5 percent
respectively. SC reservation is also available to
Sikhs and Buddhists and ST to all minorities as
ST identity is caste/religion neutral.
2.4. In 1974, reservations in promotion by
selection from Group C to Group B, within Group
B and from Group B to the lowest rung of Group
A was introduced provided that the element of
direct recruitment did not exceed 50 percent. This
limitation of direct recruitment not exceeding 50
percent was raised to 66.66 percent in 1976 and to
75 percent in 1989. At this stage, Supreme Court
intervened and ruled against reservations in
promotions. However, the government amended
the Constitution to incorporate Article 16(4A)
and following this amendment government
issued instructions on 13.8.1997 to continue the
reservations in promotion for the SCs and STs till
such time as the representation of each of these
categories in each cadre reaches the prescribed
percentages. Date-wise reservation percentages
fixed for SCs and STs in services since 1943
onwards are indicated in the Table 8.1.
Table 8.1: Datewise Reservation percentages Fixed for SCs and STs
Sr.
No.
Reservation percentage with description Date of orders
1. @ 8.33 per cent direct recruitment made through open competition in favour of S.Cs Oct. 1943
2. @ 12.5 per cent recruitment made by open competition in favour of SCs 21.9.47
3. @16.66 per cent recruitment made otherwise than open competition in favour of SCs 21.9.47
4. @ 5 per cent reservation in services in favour of STs 13.9.50
5. @ 15 per cent and 7.5 per cent in favour of SCs and STs respectively, in direct
recruitment on All India basis through the UPSC or by means of open test held by any
other authority
25.3.70
6. @ 16.66 per cent and 7.5 per cent in favour of SCs and STs in case of direct
recruitment on all India basis by open competition otherwise than mentioned in column
5 above.
25.3.70
7. Reservations in promotion by selection from Group C to Group B, within Group B and
from Group B to lowest rung of Group A provided element of direct recruitment does
not exceed 50 percent.
1974
8. Limit of direct recruitment not exceeding 50 percent was raised to 66.66 percent in
1976 and then to 75 percent for facilitating reservations in promotion
1989
9. Following amendment of Constitution to incorporate Article 16(4A) in 1992,
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.
15.11.1997
Report of the National Commission for Religious and Linguistic Minorities
116
2.5. To facilitate the fulfillment of the reservation
quota, certain concessions are also given to
SC & ST candidates in the form of relaxation
of the maximum age limit prescribed for
direct recruitment, exemption from payment
of fees prescribed for recruitment/selection,
relaxation of standards, including relaxation
of experience, etc.
Reservations in Services in Favour of
Other Backward Classes (OBCs)
2.6. The Princely State of Mysore instituted a
system in which all communities other than
Brahmins were denominated “Backward
Classes” from 1918 and places were reserved
for them in colleges and State services. In
independent India, several States implemented
the reservation in services and admissions in
educational institutions in favour of Backward
Classes much earlier than the Govt. of India.
State-wise details of the reservation provided
to the Other Backward Classes in admissions in
educational institutions and services are given
in Table 8.2.
2.7. The Government of India took initiatives
for providing reservation to the Backward
Classes immediately after the commencement
of the Constitution and first Backward Classes
Commission, also known as Kaka Kalelkar
Commission was constituted in 1953. The
Commission submitted its report in 1955.
Though the Commission recognised a number of
causes for social and educational backwardness
yet, it eventually used the criterion of caste to
identify socially and educationally backward
classes. The Commission listed 2399 Castes
as socially and educationally backwards and
recommended various welfare measures for
OBCs including reservation in govt. services
and educational institutions. The Central Govt.
did not accept its recommendations because
the caste-based reservations were considered
retrograde step.
2.8. In 1979, the Second Backward Classes
Commission popularly known as Mandal
Commission, was constituted under Article 340
of the Constitution to investigate the conditions
of socially and educationally backward classes
and to determine the criteria for defining the
socially and educationally backward classes
and to examine the desirability or otherwise of
making provision for the reservation in favour
of such backward classes. The commission
submitted its report to the Government on 31st
Dec. 1980. The Commission used 1931 census
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
educational institutions
Percentage of
reservation in govt.
services
Year
1. Andhra Pradesh 25 25 1970
2. Bihar 24 20 1978
3. Gujarat 10 10 1976
4. Jammu and
Kashmir
42 42 1977
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 NA
Source: Reservation Policy (Edition: 2005) by Dr. Ram Samujh
Reservation as a Welfare Measure
117
social, educational and economic criteria for
identifying backward classes. This Commission
estimated population of Other Backward Classes
(OBCs) at 52 percent of the total population.
Recommendations of the Second Backward
Classes Commission (Mandal Report) were
implemented by the Govt. of India on August
13, 1990 providing inter alia reservation of
27 percent of the vacancies in Civil posts and
services under the Central Govt. filled through
direct recruitment for socially and educationally
backward classes with effect from 7.8.1990.
However, reservation for OBCs in promotion
has not been provided. The reservation rule also
applies to Public Sector Undertakings, Financial
Institutions including banks, autonomous
bodies, statutory and semi-government bodies
and voluntary agencies receiving grants from
the Government. Pursuant to the Supreme
Court judgment in Indra Sawhney and others
versus Union of India on November 16, 1992, the
Central Govt. constituted a committee under
Justice R.P. Prasad to determine the criteria for
identification of the socially advanced persons
/sections for exclusion of ‘creamy layer’
from OBCs and the criteria suggested by the
Committee was accepted by the Government
of India.
2.9. The provisions for reservation in services
in favour of SCs/STs and OBCs also include
minorities although in the absence of data it
is not possible to assess the impact of such a
reservation on religious minorities.
Reservation in Admissions in Educational
Institutions
2.10. Education was first and foremost
commandment of Dr. B.R. Ambedkar and he
called it as “milk of the lioness”. Education
is also one of the most important criteria to
measure the forwardness or backwardness of
any group of persons. Many social reformers
and Princely States of Kolhapur, Baroda and
Mysore realised the need of education and
they rendered their contribution in providing
educational facilities to the untouchables
and other Backward Classes. Mahatma Jyoti
Rao Phuley was the first person in India who
started a school for the untouchables in Pune
in 1848. Sahuji Maharaj Bhonsale encouraged
the non-brahminical classes in every possible
way. He provided free education with
lodging, boarding and scholarship to the
students belonging to these communities.
At the official level, the step was taken by the
Madras Government by framing the Grantsin-
Aid code in 1885 so as to regulate financial
aid to the educational institutions providing
special facilities to the students of depressed
classes. Under British India, the provision
for extension of education to the “depressed
classes” was made much later.
2.11. In 1944, the then Ministry of Education
prepared a scheme of post-matric scholarship
for the students belonging to Scheduled Castes
and it was extended to the Scheduled Tribes
in 1948. Though after independence, specific
guidelines to the States to take special care of
the educational and economic conditions of the
weaker section particularly those belonging to
those Scheduled Castes and Scheduled Tribes
were given under Article 46 yet there was no
provision to provide reservation in admissions in
educational institutions under the Constitution
in the beginning. The Government of Madras
made rules for reserving seats for the Scheduled
Castes, Scheduled Tribes and other backward
classes. However, the validity of the said rule
was challenged in the State of Madras versus
Smt. Champakam Dorairajan (AIR 1951 SC 525;
1951 SCR 525) and the Supreme Court declared
such rule as unconstitutional. To overcome
the situation arisen after the court judgment,
the Constitution (1st amendment) Act 1951
was passed by inserting Clause (4) in Article
15. It empowered the State to make special
provision for the advancement of socially and
educationally backward classes, Scheduled
Castes and Scheduled Tribes.
2.12. The then Ministry of Education, now
Ministry of Human Resource Development
for the first time in 1954 wrote to the State
Governments suggesting that 20 percent
seats should be reserved for Scheduled Castes
and Scheduled Tribes in admissions in
Report of the National Commission for Religious and Linguistic Minorities
118
educational institutions with a provision of
5 percent relaxation in minimum qualifying
marks wherever required. Subsequently, this
was modified in April 1964 by bifurcating the
existing percentage as 15 percent for Scheduled
Castes and 5 percent for Scheduled Tribes with
interchangeable provision in the event of nonfulfillment
of seats according to quota. Similar
action was taken by the Ministry of Health &
Family Welfare in respect of reservation of seats
in the universities having medical education
facilities and medical and dental colleges
for admission to all post-graduate courses.
University Grants Commission which was
constituted in 1956 made provision towards
reservation in admission in the under-graduate
and post-graduate levels in favour of Scheduled
Castes and Scheduled Tribes with due relaxation
and concession. The percentage of reservation
was revised in 1982 as 15 percent for Scheduled
Castes and 7.5 percent for Scheduled Tribes.
Presently, reservations are available to
Scheduled Castes and Scheduled Tribes in
admissions to the various under-graduate and
post-graduate general, technical, medical and
other professional courses in the universities
and colleges. In addition to the reservation
facility in admissions, provisions have also been
made for freeship, scholarship, coaching and
hostel facilities with a view to strengthening
the educational base of Scheduled Castes and
Scheduled Tribes.
Constitutional Provisions and
Reservation Policy
3. The Constitution adopted a two-fold strategy
for ensuring equality for the “depressed classes.
On one hand it provided equality before the
law, ensuring that everyone, irrespective of
their caste will receive equal protection of
the law and be treated alike; on the other
hand it empowered the State to make special
provisions to promote the educational and
economic interest of the SCs, STs, OBCs and
minorities to provide legal and other safeguards
against discrimination in multiple spheres. The
different provisions relating to reservations
enshrined in the Constitution are as under:
(I) Article 14 - Right to Equality: requires “the
State not to deny any person equality before
the law or the equal protection of the laws
within the territory of India.” Thus, Article
14 uses following two expressions:
(i) Equality before law, and
(ii) Equal protection of laws.
The objective of these expressions is to
establish ‘equality of status’ as mentioned in
the Preamble of the Constitution. This right to
equality provides access to public resources,
such as drinking water, well, roads, etc. Thus,
the Constitution gave the right to equality
and made it a Central component of the
Fundamental Rights.
(II) Article 15 - Prohibition against discrimination:
prohibits discrimination on the
ground of religion, race, caste, sex or place
of birth.
Article 15 was amended by the Constitution
(Ist Amendment) Act, 1951 and new clause
(4) was inserted under Article 15 to undo
the effect of the Supreme Court decision in
State of Madras Versus Smt. Champakam
Dorairajan (AIR 1951 SC 525: 1951 SCR
525), according to which reservation of
seats for different communities on the
basis of caste and religion was held invalid.
Article 15(4) empowers the State to make
any special provision for the advancement
of any socially and educationally backward
class of citizen or the Scheduled Castes and
Scheduled Tribes.
(III) Article 16 - Equality of opportunity in
Public Employment stipulates the rule of
equality of opportunities in matters of public
employment. According to the Clauses
(1), (2) and (3) of Article 16 no discrimination
shall be made only on the grounds of
religion, race, caste, sex, descent, place of
birth, residence or any of them in respect
of any employment or appointment under
the State. However, the principle of equality
permitted a few exceptions. Among
other things, it allowed under Article 16(4)
reservation of seats for backward classes of
citizens. It states: “Nothing in this article
Reservation as a Welfare Measure
119
shall prevent the State from making any
provision for the reservation of appointments
or posts in favour of any backward
class of citizens, which, in the opinion of
the State, is not adequately represented in
the services under the State.”
Article 16(4) was an enabling provision.
It was included as an exception to the
general principle of equality of opportunity
(Article 16). It did not mandate, but
certainly permitted the State to reserve
seats for backward classes of citizens in
public service. Thus, Article 16(4) spoke
of backward classes, not castes and did
not spell out just who constituted these
backward classes. Subsequently, Articles
16 (4A) and 16 (4B) were also inserted by
making amendments in the Constitution
81st Amendment Act, 2000 and 85th
Amendment Act, in 2001 respectively.
These clauses were inserted with a view
to overcoming the decision of the Hon’ble
Supreme Court of India in Indra Sawhney
versus Union of India. While Article 16 (4A)
empowers the State to make provision for
reservation in matters of promotion under
the state in favour of SCs and STs which in
the opinion of the State are not adequately
represented in the services under the
State, Article 16 (4B) empowers the State
to make provision to fill up the unfilled
reserved vacancies which were determined
in accordance with clauses (4) or (4A) of
Article 16 by launching special drive.
Extent to which posts can be reserved for
scheduled castes and scheduled tribes/
backward classes.
The Constitution does not lay down any
limit or specific percentage for reservation
in favour of Scheduled Castes, Scheduled
Tribes and Backward Classes. Successive
decisions of the Supreme Court beginning
with Balaji v State of Mysore (1963) have
fixed a general ceiling of 50 percent for
all reservations taken together. Judicial
pronouncements on this question have
a chequered history. In Balaji v. State of
Mysore (1963), the Constitution Bench
of the Supreme Court had rejected the
argument that in the absence of a limitation
contained in clause (4) of Article 15 no limit
could be prescribed by the Court on the
extent of reservation and held
“…….If a provision which is in the nature
of an exception completely excludes the
rest of the society, that clearly is outside the
scope of Article 15(4). It would be extremely
unrealistic to assume that in enacting
Article 15(4) the Parliament intended to
provide that where the advancement of
the Backward Classes or Scheduled Castes
or Tribes was concerned, the fundamental
rights of the citizens constituting the rest of
the society were to be absolutely ignored…..
Speaking generally and in a broad way, a
special provision should be less than 50
percent; how much less than 50 percent
would depend on the relevant prevailing
circumstances in each case.”
In Devadasan v Union of India (1985), the
aforesaid rule of 50 percent was applied to
a case arising under Article 16(4) and on
that basis the carry forward rule (resulting
in reservation in excess of 50 percent
vacancies in any recruitment year) was
struck down. Earlier, in State of Kerala v
N.M.Thomas (1976), the correctness of this
principle was seriously questioned. Fazal
Ali, J observed:
“…Clause (4) of Article 16 does not fix any
limit on the power of the Government
to make reservation. Since clause (4) is a
part of Article 16 of the Constitution, it is
manifest that the State cannot be allowed
to indulge in excessive reservation so as to
defeat the policy contained in Article 16(1).
As to what would be a suitable reservation
within permissible limits will depend on the
facts and circumstances of each case and no
hard and fast rule can be laid down nor can
this matter be reduced to a mathematical
formula so as to be adhered to in all cases.
Decided cases of this Court have no doubt
Report of the National Commission for Religious and Linguistic Minorities
120
laid down that the percentage of reservation
should not exceed 50 percent. As I read the
authorities, this is however a rule of caution
and does not exhaust all categories….The
dominant object of this provision is to take
steps to make inadequate representation
adequate.”
(IV) Articles 29 and 30 - Minorities Interest and
Educational Institutions:
These two Articles protect the cultural and
educational rights of minorities (based
on religion and language) which are
summarised below:
(i) Minorities have rights to conserve their
distinct language, script or culture;
(ii) They have right to establish and
administer educational institutions;
(iii)The State has to take certain precautions
in case of compulsory acquisition of
property of such minority educational
institutions;
(iv)The State shall not discriminate such
educational institutions while granting
aid; and
(v) Article 29(2) imposes restriction on all
educational institutions maintained by
the State or receiving aid out of State
fund as not to deny admission to any
citizen on the ground only of religion,
race, caste, language or any of them.
Here, the underlying objective is to equip each
member of the weaker sections with the ability
to compete with other citizens with dignity on
a level playing field.
(V) Article 46 - Promotion of educational
and economic interests of SCs, STs and
Other weaker sections.
Being most important Article under Part IV of
the Constitution (Directive Principles of State
Policy) it stipulates that “the State shall promote
with special care the educational and economic
interests of weaker sections of the people and in
particular of Scheduled Castes and Scheduled
Tribes and shall protect them from social
injustice & all forms of exploitation.”
The phrase “weaker sections of the Society”
has not been defined under the Constitution.
Hon’ble Supreme Court in the case of Shantistar
Builders Versus Narayan Khimalal Tokame
directed the Central Government to lay
down appropriate guidelines regarding the
expression “weaker section of the society”. Further,
Hon’ble Supreme Court in Indra Sawhney’s
case differentiated the phrase Backward
Class of citizens mentioned under Article 16(4)
from weaker section of the people of Article
46. According to the Apex Court the expression
“weaker section of the people” is wider than
the expression ‘backward class of citizens’ or
SEBCs or SCs or STs. It connotes all sections of
the society who are rendered weak due to various
causes including poverty and natural and
physical handicap.
(VI) Article 335 – Claims of Scheduled Castes
and Scheduled Tribe to Services and
posts and maintenance of efficiency of
Administration:
While Article 16(4) enables the State to make
provision for reservations in favour of SCs, STs
and OBCs, Article 335 imposes responsibility
on the State to ensure the maintenance of
efficiency of administration. Accordingly,
a proviso to Article 335 has been inserted
by the Constitution 82nd Amendment Act,
2000 so as to overcome the crisis arising after
Supreme Court decision in S. Vinod Kumar
Versus Union of India. It empowers the State
to make any provision in favour of SCs and STs
for the relaxation of marks or lowering down of
standards for reservation in promotions.
Institutional Arrangements to
Implement and Monitor the
Reservation Policy
4.1. The Central Government has developed
administrative mechanism for regulating,
monitoring and implementing the reservation
policy and other programmes. At the National
level there are Ministry of Social Justice and
Empowerment, Ministry of Tribal Affairs,
Ministry of Minority Affairs and Planning
Reservation as a Welfare Measure
121
Commission (Backward Caste Division) as the
Nodal set up for policy formulation, finalisation
and implementation of the programmes for the
development of Scheduled Castes, Scheduled
Tribes, Other Backward Classes and minorities
and overseeing their overall developments.
These Ministries and Planning Commission
also carry out evaluation and monitoring of
the various educational and welfare schemes/
programmes meant for the SCs, STs, OBCs and
minorities.
4.2. Besides, the Department of Personal
and Training (DOP&T) in the Ministry of
Personnel, Public Grievances and Pensions
(Government of India), regulate and monitor
the reservation policy in public services. Its
primary responsibilities are to enforce the
rules and make changes thereof whenever
warranted and also monitor the fulfillment of
the reserved quotas. As regards reservation
policy in admissions in educational institutions
Ministry of HRD (Deptt. of Secondary & Higher
Education) is the nodal authority. Further in
each Ministry/Department and government
funded organisation, there are separate
administrative units for Scheduled Castes,
Scheduled Tribes and OBCs with Liaison
Officers who are responsible for ensuring that
instructions issued by the Government on
reservations for SCs, STs or OBCs are strictly
complied with. The Department of Personnel
& Training through administrative heads of
the Ministries and organisations monitor and
regulate reservations at the national level.
4.3. In addition, there are under mentioned
independent institutions at the field level to
ensure proper implementation of the reservation
policy as approved by the Government as also
to monitor the impact of various schemes/
programmes for the welfare and development
for SCs, STs, OBCs and minorities:
(i) National Commission for Scheduled
Castes: set up under Article 338 of the Constitution
as a high level independent constitutional
body to investigate and monitor
all matters relating to the safeguards
provided for the Scheduled Castes under
the constitution or under any other law
for the time being in force or under any order
of the government and to evaluate the
working of such safeguards
(ii) National Commission for Scheduled Tribes:
set up under Article 338 A of the Constitution
as a high level independent constitutional
body to investigate and monitor all matters
relating to the safeguards provided for the
Scheduled Tribes under the constitution or
under any other law for the time being in
force or under any order of the government
and to evaluate the working of such
safeguards.
(iii) National Commission for Backward
Classes: In pursuance of the direction
of the Supreme Court, the Government of
India enacted the National Commission
for Backward Classes Act, 1993 (Act No.27
of 1993) and set up National Commission
for Backward Classes at the Centre. Section
9(1) of the Act provides that it shall
“examine the requests for inclusion of any
class of citizens as a backward class in the
list and hear Complaints of Over-Inclusion
or Under-Inclusion of any backward class
in such list and tender such advice to the
Central Government as it deems appropriate.
Under Section 9(2) of the Act, the
advice of the Commission shall ordinarily
be binding upon the Central Government.
Section 11 provides for periodic revision of
list by the Central Government.
(iv) National Commission for Minorities: s e t
up to perform its statutory functions and
to safeguard the interest of five religious
minority communities i.e. Muslims,
Sikhs, Christians, Buddhists and Parsis
which are notified under the National
Commission for Minorities (NCM) Act,
1992 and also to monitor and evaluate
the development of minorities under
the Union and States as well as monitor
the working of the safeguards provided
in the Constitution and laws enacted by
Parliament and the State Legislatures
besides making recommendation for the
effective implementation of safeguards for
the protection of the interest of minorities
Report of the National Commission for Religious and Linguistic Minorities
122
by the Central Government or the State
Governments.
Reservations Available to Socially
and Economically Backwards
5.1. As stated in the previous paragraphs,
reservation in employment are available to
Scheduled Castes, Scheduled Tribes and Other
Backward Classes. Similarly, reservations
in educational institutions are available to
the Scheduled Castes and Scheduled Tribes.
However, Moily Committee recommended
reservations to Other Backward Classes in
educational institutions which has been
accepted by the Government. No separate
reservations are available to the religious and
linguistic minorities excepting those included
in the lists of Scheduled Castes, Scheduled
Tribes and Other Backward Classes.
Reservations in Employment under the
Central Government
5.2. While reservation for Scheduled Castes and
Scheduled Tribes is generally fixed in proportion
to the population of SCs and STs in the respective
State/UT, for OBCs it is fixed taking into account
the proportion of their population in the
concerned State/UT subject to a maximum of
27 percent and the fact that total reservations
for SCs, STs and OBCs should not exceed the
limit of 50 percent. Direct recruitment in Group
C&D posts normally attract candidates from the
locality or region. Reservation is not applicable
in certain categories of posts in Departments of
Space and Atomic Energy, scientific and technical
personnel, Defense, Higher judiciary, etc.
5.3. Details in para 2.3 to para 2.9 throw light
on the history and growth of reservations to
scheduled castes, scheduled tribes and OBCs in
services, para 2.10 to 2.12 describe the evolution
of reservation in the admissions in educational
institutions. Briefly, the reservations available
to SCs, STs and OBCs in direct recruitment on
All India basis is indicated in the Table 8.3.
5.4. The quantum of reservations fixed in
favour of SCs, STs and OBCs in case of direct
recruitment to group ‘C’ & ‘D’ under Central
Government normally attracting candidates
from locality or region varies from State to
State subject to upper limit of 50 per
cent in aggregate. Details of the percentages
of reservations fixed in the States are given in
the Table 8.4.
5.5. Pursuant to the Supreme Court Orders in
the Indra Sawhney and others Versus Union of
India and others [Writ Petition (Civil) No. 930
of 1990], the Government of India appointed
an Expert Committee to recommend criteria
for exclusion of the socially advanced persons/
sections (creamy layer) from the benefits of
reservation for Other Backward Classes in Civil
Posts and services under the Government of
India. On the recommendations of the Expert
Committee, Government of India vide DOP&T,
O.M. No. 36012/22/93-Estt. (SCT), dated
8.9.1993 provided reservation for socially and
educationally backward classes as under:
(i) 27 percent of the vacancies in civil posts
and services under the Government of India,
to be filled through direct recruitment,
shall be reserved for the Other Backward
Classes;
(ii) Candidates belonging to OBCs recruited
on the basis of merit in an open competition
on the same standards prescribed
for the general candidates shall not be adjusted
against the reservation quota of 27
percent;
(iii) The aforesaid reservation shall not apply
to other Backward Classes belonging to the
creamy layer;
(iv) The OBCs for the purpose of the aforesaid
reservation would comprise, the castes
and communities which are common to
both the lists in the report of the Mandal
Commission and the State Governments’
lists;
(v) The reservations provided to SCs, STs
and OBCs put together do not exceed 50
percent of vacancies arising in an year;
(vi) No reservation for OBCs in promotion;
(vii) In respect of written examinations and
interview, in order to fulfill the quota
earmarked to OBCs, relaxation of
Reservation as a Welfare Measure
123
standards be provided to OBC candidates
as in the case of SC/ST candidates;
(viii)Relaxation of Marks for grant of Non-
Technical Scholarships/ Book Awards to
OBCs; and
(ix) Three years age relaxation would be given
to the candidates of Other Backward
Classes for direct recruitment over and
above the prescribed age limit.
The above said instructions relating to
reservations for OBCs have been extended to
autonomous bodies, statutory and semi- government
bodies and voluntary agencies receiving
grants from government.
5.6. To facilitate the fulfillment of the reservation
quota, further concessions are given to
Scheduled Caste and Schedule Tribe candidates
in the form of relaxation of the maximum age
limit prescribed for recruitment/selection, and
relaxation of standards, including relaxation
of experience. Many of these concessions/
relaxation provided for direct recruitment are
also now extended to promotions.
Employment Status of Scheduled Castes,
Scheduled Tribes & OBCS in Public
Services
Employment Status of Scheduled Castes,
Scheduled Tribes and Other Backward
Classes in the Government Organisations
6.1. The number of persons employed in the
Central Government and representation of
Scheduled Castes, Scheduled Tribes and Other
Backward Classes therein for selected years is
given in the Table 8.5.
6.2. As may be evident from the Table – 5 the
employment opportunities in the Government
has stagnated in 1994 and shown a decline
Table 8.3: Reservations in Services under the Central Government in Direct Recruitment
By Open Competitions (through UPSC &
by means of open competitive test held by
any other authority)
Otherwise than by open Competition
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
Sr.
No.
Name of the State/
Union Territory
Percentage of Reservation
SCs STs OBCs
(1) (2) (3) (4) (5)
01 Andhra Pradesh 16 7 27
02. Arunachal Pradesh 1 45 0
03. Assam 7 12 27
04. Bihar 16 1 27
05. Chhattisgarh 12 32 6
06. Goa 2 0 18
07. Gujarat 7 15 27
08. Haryana 19 0 27
09. Himachal Pradesh 25 4 20
10. Jammu and
Kashmir
8 11 27
11. Jharkhand 12 26 12
12. Karnataka 16 7 27
13. Kerala 10 1 27
14. Madhya Pradesh 15 20 15
15. Maharashtra 10 9 27
16. Manipur 3 34 13
17. Meghalaya 1 44 5
18. Mizoram 0 45 5
19. Nagaland 0 45 0
20. Orissa 16 22 12
21 Punjab 29 0 21
22. Rajasthan 17 13 20
23. Sikkim 5 21 24
24. Tamil Nadu 19 1 27
25. Tripura 17 31 2
26. Uttaranchal 18 3 13
27. Uttar Pradesh 21 1 27
28. West Bengal 23 5 22
29. Andaman &
Nicobar Islands
0 8 27
30. Chandigarh 18 0 27
31. Dadra & Nagar
Haveli
2 43 5
32. Daman & Diu 3 9 27
33. Delhi 15 7.5 27
34. Lakshadweep 0 45 0
35. Pudducherry 16 0 27
Source: GOI, DOP&T OM No. 36017/1/2004-Est. (Res.) dated 5-7-2005
Report of the National Commission for Religious and Linguistic Minorities
124
thereafter. The reasons for decline in the total
employment could be:
(i) non-expansion of governmental activities
particularly pertaining to public
sector compared to the socialistic approach
of the 1960s, and/ or
(ii) the financial constraints as the requirement
of funds towards salary, wages and pensions
have been on increase and a major share of
the budget.
Consequently, the opportunity for employment
in the Government Organisations has significantly
reduced and it might have in turn affected
employment of SCs, STs and OBCs also.
Even in this situation, the representation of
Scheduled Castes and Scheduled Tribes has
been on increase and reached very near to their
proportion in the total population.
6.3. While reservation for Schedule Castes and
Scheduled Tribes have been in effect from 1947
and 1950 respectively, reservation for other
Backward classes in the Central Government
were allowed from 1993. Groupwise and
total representation of Scheduled Castes,
Scheduled Tribes and other Backward Castes
since 1965 in the Central Government
Services, in percentage terms is given in the
Table 8.6.
As may be seen from the Table 8. 6,
representation of Scheduled Castes and
Scheduled Tribes has increased in all the
Groups viz. A,B,C & D during the last five
decades. While in Central Services Group A
and B, Scheduled Castes constitute between
12-15 percent; in Group C their representation
is about 17 percent and in Group D (excluding
Sweepers) they are present in larger number
than their percentage in population. Similarly,
there has been appreciable increase in the
representation of Scheduled Tribes in all
groups of Central Services. Data regarding
representation of other Backward Classes
in the Central Services is for the year 2004
and this does not give true picture regarding
their representations in Central Government
Services. For a true picture to emerge, annual
recruitment of OBCs has to be assessed against
the total vacancies for the year which is not
easily available.
6.4. However in All India Services like Indian
Admn. Service; Indian Police Service and
Indian Foreign Service and Central Services
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
As on
1st of
Jan.
Total Employees
in Central
Government
Services
Including SC,ST
&OBCs
Scheduled Castes Scheduled Tribes Other Backward
Classes
No. of
Employees
Percentage
Representation
No. of
Employees
Percentage
Representation
No. of
Employees
Percentage
Representation
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 4.53
Note: 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.
Reservation as a Welfare Measure
125
through Civil Services Examination of Union
Public Service Commission representation of
Scheduled Castes, Scheduled Tribes and Other
Backward Castes has been more or less equal to
their share as is evident from Table 8.7.
As may be seen from the Tables 8.6 & 8.7,
while vacancies reserved for OBCs are being
filled fully in the All India services like Indian
Administrative Service, All India Police Service
and Indian Foreign Service and Central Services
Group A & B for which recruitment is made
through Civil Services Examination of UPSC,
the same cannot be said for recruitment of
Other Backward Classes to other categories of
posts in the absence of data. While religious
minorities are a part of SCs (Buddhists and
Sikhs included), and of STs and OBCs (all
religious minorities included), the data is not
maintained religion wise and therefore, the
representation of minorities is not clear.
Employment Status of Scheduled Castes,
Scheduled Tribes and other Backward
Classes in Central Public Sector
Undertakings
6.5. As indicated in the Table 8.8, on 1.1.2005,
in Central Public Sector Undertakings in Group
A & B, the representation of Scheduled Castes
was around 13 percent and that of Scheduled
Tribes was between 4 to 6 percent which is
little less than their share in the population. As
against this, representation of Other Backward
Classes was between 6 to 8.5 percent. In Group
C and D both Scheduled Castes and Scheduled
Tribes were far in excess of their share and
representation of other Backward Classes
was between 17 to 22.60 percent
Employment Status of Scheduled Castes
and Scheduled Tribes in the Public Sector
Banks and Insurance Sector:
6.6. As is evident from the Table 8.9, while the
representation of Scheduled Castes in Public
Sector Banks in all categories has exceeded
their share in population, representation of
Scheduled Tribes is lagging behind in all the
cadres. The representation of Scheduled
Castes has been in far excess of their share in
the category of subordinate staff. However,
representation of Other Backward Classes in
the category of officers and clerks is much
below the reserved quota of 27 percent:
6.7. The representation of Scheduled Castes
in Group A services of General Insurance
Company and Scheduled Tribes in all the
Insurance companies is lagging behind.
Table 8.6: Representation of the SCs, STs & OBCs in Central Government Services (%)
As on
1st of
Jan.
Group A Group B Group C Group D Total
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 3.65
Source: DOP &T vide their Note No. 42011/24/2006-Estt. (Res.), dated 30th August, 2006,
* Excludes information in respect of one Ministry.
Report of the National Commission for Religious and Linguistic Minorities
126
In Group B services the representation of
Scheduled Castes and Scheduled Tribes
has not reached the prescribed limit
of 15 percent for SCs and 7.5 percent for STs.
Further, in Group C and Group D services
(excluding sweepers), the representation of
Scheduled Castes has exceeded the prescribed
target. The representation of Scheduled Tribes
in Group D services (excluding Sweepers) is
nearing this target but in Group C services
excepting Life Insurance Corporation, other
companies are lagging behind as is indicated
in Table 8.10.
Employment Status of Scheduled Castes
and Scheduled Tribes in the Indian
Railways during 2004-05
6.8. As may be seen from the Table 8.11,
the representation of Scheduled Castes in
all Groups has reached the level of their
proportion in the total population. However
the representation of Scheduled Tribes is
yet to reach their percentage share in the
population.
Representation of OBCs in Different
Sectors of Economy
6.9. Data provided by NSSO in its 1999-2000
survey results show that Other Backward
Classes have a much higher percentage of
representation in different sectors of economy
vis-à-vis their share of 27 per cent agreed to.
Further, comparing the share in jobs of other
communities with SCs, STs, OBCs, as given
in the Table 8.12, it is seen that excepting in
professional and managerial jobs where OBCs
have a share which is close to the percentage
of reservation agreed to for them, in other
categories of jobs such as services and
production, OBCs have higher percentage
share than the Hindus. In fact, in almost all
major jobs identified in the Table, OBCs
are present in reasonable numbers:
Literacy and Educational Status of
Scheduled Castes, Scheduled Tribes and
Other Backward Classes
7.1. Framers of our Constitution were aware of the
need of the State to promote education amongst
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
Group A
Central Services
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.
Table 8.8: Representation of SCs, STs and OBCs in 211 Public Enterprises as on 01.01.2005
Category Total
No. of
Employees
Representation of SCs, STs and OBCs
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
(excluding
Safai
Karamcharis
2,42,973 53,027 21.82 34,594 14.23 54,845 22.57
Total 12,27,053 2,25,430 18.37 1,15,602 9.42 1,91,663 15.61
Source: Annual Report of Department of Public Enterprises, 2005-06.
Reservation as a Welfare Measure
127
all and especially amongst weaker sections of
the population. Hence a number of safeguards
have been provided in the Constitution under
Article 15(4), Article 29(1), Article 46 for
educational development of weaker sections
of the society. The Supreme Court of India in
its judgment in the Unnikrishnan case (1993),
held that all citizens have a Fundamental Right
to education upto 14 years of age. Accordingly,
Constitution was amended to make education
a Fundamental Right of all children between 6-
14 years.
7.2. Recent estimates of literacy at the national
level have shown significant increase from
52 percent in 1991 to 64.8 percent in 2001.
The increase has been significant amongst
educationally backward States. Large scale
expansion of formal primary education in the
early 90s and the innovative strategies of the
primary educational development projects like
DPEP (District Primary Education Programme)
have contributed substantially to these increase.
Though the female literacy has also grown
during this period, yet female literacy among
Scheduled Castes, Scheduled Tribes and Muslim
is 41.90 percent, 34.76 percent and 50.1 percent
respectively against the national average of 53.7
percent. Among minorities, lowest literacy rate
is in the Muslim communities which is 59.1
percent against the national average of 64.8
percent. However, literacy rate among Muslims
is higher than the literacy rate of Scheduled
Castes and Scheduled Tribes. Though the
Table 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
No. of Employees belonging to
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 6.90
Source: Department of Economic Affairs, Banking Division Note No. 5/10/2006-SCT (B) dt. 4th December, 2006
Table 8.10: Representation of SCs and STs in the Insurance Sector as on 1.1.2002
Company/Group Total
Employees
S.C.
Employees
Percentage
of S.Cs
Employees
S.T. Employees Percentage of
S.T. 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
Report of the National Commission for Religious and Linguistic Minorities
128
participation of the dalits, tribals, women, and
minorities has improved in the last five decades,
the unequal development in the hierarchical
social order continues to be reflected in the
indicators of educational status of various
communities. Status of literacy rates, State-wise
among Scheduled Castes, Scheduled Tribes, and
minorities are indicated in the Table 8.13.
7.3. With the improvement in the literacy
rate, enrolment of the students at the primary
stage has also gone up. This is evident from
the details given in the Table 8.14. Excepting
1980-81, when enrolment of Scheduled Tribes
was below their share in the population, the
enrolment of Scheduled Castes and Scheduled
Tribes students has been progressively higher
than their proportion in the population.
7.4. Though, there has been overall improvement
in the literacy rate and enrolment at
the primary stage, there are still wide gaps
in the educational levels of religious minorities
as is evident from the details given in the
Table 8.15.
The relative position of different religious
communities with regard to their
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.
Table 8.11: Representation of SCs & STs in Railways
Group Number of
Employees
Scheduled Castes Scheduled Tribes
Number of
Employees
Percentage to
Total Employees
in the Group
Number of
Employees
Percentage to
Total Employees
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 6.16
Source: Annual Report of Ministry of Railways, 2004-05.
Reservation as a Welfare Measure
129
educational level varies vis-à-vis national
average. Muslims (65.31 per cent) are better
off at primary level of education but their
proportion slides down at senior secondary
(4.53 per cent) and graduation level (3.60
per cent). As against this, while Christians
at the primary level (45.79 per cent) are
lower than the national average, their share
increases at senior secondary (8.70 per cent)
and graduation (8.71 per cent) level. Other
religions follow almost national average
level.
7.5. The reasons for wide variation in the
educational levels of different communities
could be low enrolment; and/or low female
literacy rate and/or high drop out rates at
primary and secondary stages. Further,
among those, remaining in the school,
majority of them barely attain the educational
standard expected of them due to the lack of
infrastructure facilities in the schools and/or
poor quality of education available particularly
in rural and hilly and backward areas. In such a
situation children belonging to the socially and
economically poor families suffer most and
remain at a disadvantageous position vis-à-vis
those attaining proper educational standards
within their communities.
7.6. As may be seen from Table 8.16, in
institutions of higher education, Scheduled
Castes and Scheduled Tribes are not present in
proportion to their population.
While the increasing share of Scheduled Castes
and Scheduled Tribes in public services shows
that reservations in government posts and public
services have enabled these communities to be
more adequately represented, it also means that
there is much smaller pool of candidates from
among whom these positions are being filled.
In other words, against 10 percent Scheduled
Caste graduates, about 14 percent of officers
in Group A and B are coming from this group.
Similar may be the situation with the Other
Backward Classes and minorities. This shows
that there is urgent need to increase the pool
of students – receiving quality education and
then opting for and qualifying for graduation
and post-graduation programmes amongst
the socially and economically backward
irrespective of caste or religion.
Impact of Reservation Policy in
Employment and Education
8.1. As may be evident from the details in the
preceding paragraphs, the policy of reservation
had a salutary effect in terms of induction
of Scheduled Castes, Scheduled Tribes and
Other Backward Classes into public sector
employment and in educational institutions.
However, their existing share in employment
and educational institutions still falls short of
target in certain categories of jobs and higher
education. The target in the case of Group
‘D’ and ‘C’ are close to population mark of 15
percent for Scheduled Castes and 7.5 percent
for Scheduled Tribes but fall short in Group ‘A’
and ‘B’. As against this true position regarding
the representation of Other Backward Classes
in Central Services is not available. However,
as stated in para 6.4, in All India Services and
Table 8.12: Representation of OBCs in different Sections of Economy
S.No. Category of Jobs SC/ST Muslims OBC Hindus
1 Professional &
Managerial
14.3 9.7 24.2 51.8
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 26.1
Source: Report on Reservation Workshop by JNU based on NSSO Report 1999-2000
Report of the National Commission for Religious and Linguistic Minorities
130
Table 8.13: State-wise Literacy Rate among SCs, STs & Religious Communities
(in percent)
States All
Religions
Hindus SC ST Muslims Christians Sikhs Buddhists Jains
India 64.8 65.1 54.69 47.10 59.1 80.3 69.4 72.7 94.1
Andhra
Pradesh
60.5 59.4 53.52 37.04 68.0 75.3 78.7 54.8 93.2
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
Pradesh
76.5 76.8 70.31 65.50 57.5 82.8 83.0 73.7 96.3
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
Pradesh
63.7 62.8 58.57 41.16 70.3 85.8 82.9 74.4 96.2
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
Pradesh
54.3 64.6 67.64 49.62 57.7 47.0 92.4 44.9 85.2
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
Haveli
57.6 56.5 78.25 41.24 80.4 64.6 91.7 63.4 94.4
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 96.3
Source: Census of India 2001
Reservation as a Welfare Measure
131
Central Services for which recruitment is made
through Union Public service Commission
representation of Other Backward Classes is
very near to their share. With the growth in the
share of Scheduled Castes and Scheduled Tribes
in public services, it had positive multiple effect
on the social and economic situation of these
two disadvantaged groups. The data provided
by the Ministry of Personnel indicates that
in recent years the vacancies reserved for the
Scheduled Castes, Scheduled Tribes and other
backward classes are being filled fully even in
the ‘elite’ services at the Centre.
8.2. There are differing views on the impact of the
reservation policy on maintenance of efficiency
and quality of administration. One view is that
persons appointed on the basis of reservation
with reduced educational standards etc. are
likely to suffer from inferiority complex, which
is bound to affect the quality and efficiency.
Since the job reservation and appointment to
public services is for public good, the quality
and efficiency for the proper discharge of
public service is of paramount consideration.
On the contrary, in the absence of any scientific
or systemised study, it would be extremely
difficult to conclude that reservation had or has
adverse impact on the efficiency and quality
of administration. Even if it is conceded for
argument sake that reservation has an adverse
impact, such an impact is likely to be minimal
and can be remedied with special interventions
such as training etc. In any case in the context
Table 8.14: Comparative Enrolment Status of Scheduled Castes and Scheduled Tribes
(figure in thousands)
Year Total Enrolment SC Enrolment Percentage of SC
Enrolment
ST Enrolment Percentage of
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 9.75
Source: 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/
Communities
Upto Primary
Level *
Middle Secondary Senior
Secondary
Diploma Graduation Unclassified
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 level
Source: - Census of India, 2001
Report of the National Commission for Religious and Linguistic Minorities
132
of the objectives that such reservation serves, it
is an acceptable policy.
8.3. Reservation did not provide equal
opportunities within each group/community
to all of beneficiaries. Consequently,
different castes and tribes within a group/
community have not benefited from
reservation equally. Almost in all categories
of beneficiaries among Scheduled Castes,
Scheduled Tribes or other Backward Classes
and minorities, there is a growing sense of
deprivation amongst different categories,
which is leading to internal dissension. For
example*, in Punjab the Valmiki Samaj is
asking for separate quota of reservations on
the ground that Ramadasis and Mazbis have
cornered the benefits. Likewise Chamars in
UP and Mahars in Maharashtra are said to
have benefited from the reservations more
than other castes identified in the Schedule
from these regions. Similar accusations have
been made against the Meena community by
other Scheduled Tribes. Problems of this kind
are manifold in the case of Other Backward
Classes as in each State there are dominant
groups, usually with economic and political
clout, who reap the benefits of reservations.
There are Ezhavas in Kerala, Nadars and
Thevars in Tamil Nadu, Vokkallingas and
Lingayats in Karnataka, Lodhs and Koeris in
the Central India. Yadavs and Kurmis in Bihar
and UP and Jats in Rajasthan, which despite
their dominant status have been, clubbed as
backward classes eligible for benefits under
reservations. For these reasons, reservation
has become a contentious issue today, more
so when it is applied to Other Backward
Classes.
* Report on Workshop “Assessment of the impact of
reservation policy” organised by JNU, New Delhi.
8.4. Reservation for Minorities has been
provided by the State Governments of Kerala
and Karnataka as per details given in Table
8.17.
The Government of Andhra Pradesh also passed
an Act providing 5 percent reservation for
Muslims. However, this has been turned down
by the Apex Court pending for want of specific
recommendations by the State Backward
Classes Commission.
Table 8.16: Scheduled Castes & Scheduled Tribes Studying at different Level of Education
Level of
Education
Total General SC ST
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.
Hons.
1614067 1399426 86.7 178829 11.1 35812 2.2
B.Com Hons. 1613374 1432000 88.8 150616 9.3 30758 1.9
BE/B.SC.
Engg/B.Arch
772923 708782 91.7 48783 6.3 15358 2.0
Medical/
Dental/
Nursing/
Pharmacy/
Ayurveda
223235 184194 82.5 28935 13.0 10106 4.5
B.Ed./BT 114681 90298 78.7 18023 15.7 6360 5.6
Other 973873 738435 75.8 153094 15.7 82344 8.5
Source: Selected Educational Statistics 2003-04
Reservation as a Welfare Measure
133
Difficulties Encountered in
Implementing Reservation Policy
9. Problem of false/fake caste/community
certificates is a serious problem and is on
increase. Consequently, genuine persons are
deprived of benefits of reservation. For any
person to be entitled to the benefits/ privileges
as a Scheduled Castes or Scheduled Tribes, he
has to obtain a certificate in the prescribed
format from the designated authority to show
that he belongs to SC or ST. This certificate
is a necessity for appointment in Govt./ PSU
etc. against reserved posts. DOP&T has issued
instructions giving details of the authorities
who can issue such certificates along with the
procedure for verification of caste status by
the competent authority. Similarly, the really
deserving Other Backward Classes may be
deprived of benefits of reservation due to the
submission of false certificates by those who
are not really the OBCs. The rare availability of
seats/ jobs allures candidates to take the help
of false/fake certificate, which is managed by
money or muscle power. The Supreme Court
has also taken serious note of such a tendency
like taking of reservation benefits by those for
whom it is not meant. Therefore, this issue is
serious and there is urgent need to evolve a
simple and foolproof mechanism in this regard.
In addition, it has been found that Scheduled
Tribes in some States (such as Kerala and
Tamil Nadu) where their proportion in total
population is barely two per cent have to wait
for several years to fall on the roster point. This
procedure has affected adversely the Primitive
Tribal Group (PTG) which number as much as
five and six respectively in these two States. The
total number of PTG in the country is seventyfive.
It may, therefore, be prudent to review
the policy in this regard so that the Primitive
Tribal Group at least avail of employment in
Government of India where reservation for
them is 7.5 percent as against 2 percent in
State.
Employment Opportunities in Organised
Private Sector
10.1. While the complete data on employment
opportunities in private sector in the country is
not available, it is estimated that the government
and the private organised sector comprise
only a fraction of the total workforce. The
organised private sector employed about 84.32
lakh persons in 2002 which is less than 3 per
cent of the total work force which is estimated
around 350 million. Year-wise growth in the
employment opportunities in the different
sectors in the organised Private Sector from
1981 to 2002 is indicated in the Table 8.18 .
10.2. As may be seen from the Table 8.18,
employment opportunities in the organised
private sector have grown mostly in the
manufacturing industry followed by the
Community and Social Services Sector. In
other sectors of economy, there has been
marginal increase over the years. Contrary
to this, survey carried out by the Central
Statistical Organisation (CSO) in 1998
covering 30.35 million enterprises other
than crop production and plantations in
the country reveals that nearly 80 percent of
the enterprises (i.e. 24.39 million) were selffinancing
and 44.8 percent enterprises were
owned by the Scheduled Castes, Scheduled
Tribes and other Backward Classes in rural
and urban areas combined together as per
details given in Table 8.19.
S.No. State Category Reservation Provided
In educational institutions In employment
1. Kerala Muslims
Christian/LC/Anglo
Indians
10 percent
2 percent
12 percent
4 percent
2. Karnataka Muslims 4 percent 4 percent
Table 8.17: Reservation for Minorities by State Government
Report of the National Commission for Religious and Linguistic Minorities
134
Table 8.19: Ownership of the Enterprises by
SCs, STs & OBCs (%)
Rural Urban Combined
Scheduled Castes 9.0 5.8 7.7
Scheduled Tribes 5.2 2.3 4.0
Other Backward
Classes
36.0 29.1 33.1
Total 50.2 37.2 44.8
Source: - Reservation and Private Sector (Edition: 2005) by Sukhdeo
Thorat
There is, therefore, urgent need for the
enhancement of credit system for the enterprises
in the private sector, especially those owned
by SCs, STs and other backward classes and
providing vocational and entrepreneurship
training to them for improving the quality and
productivity of these enterprises.
10.3. As stated earlier, there has been very little
or no increase in the employment opportunities
in the public sector in the past. In fact with
the ban on creation of new posts the employment
opportunities in the public sector have
dwindled. Also, the scope of employment in
the organised private sector is limited as the
number of jobs in this sector are less than 3 percent
of the total work force which is estimated
around 350 million. Therefore, the possibility
of providing reservation for socio-economically
backward classes in the Private Sector has
been under consideration of the Government
and a high level Coordination Committee has
been set up by Prime Minister’s Office to prepare
code of conduct on affirmative action to
be progressively adopted by industry. However,
the industry have informed the government
that they would want voluntary action rather
than legal binding in the matter for the following
reasons:
(i) Today, 9 out of every 10 jobs created in
India are in the informal sector, while
the rest is generated in the government
and organised private sector. As such,
majority of the additional jobs are in the
informal sector and not in the organised
private sector; and
(ii) Allocation of jobs on the basis of
caste/community/religion may lead
to the violation of the work contracts
that India’s IT and IT enabled companies
have entered into with European
and US clients. Western Governments.
might use Caste quotas as a non-trade
barrier against the IT industry as they
have against Carpet industry.
10.4. In view of the above, the Confederation
of Indian Industries (CII) has proposed a
voluntary code of conduct for affirmative action
for empowerment of disadvantaged groups by
way of promoting human capital formation
and entrepreneurship where undermentioned
targets and milestones are set by companies
themselves:
Table 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 84.32
Source: - Reservation and Private Sector (Edition: 2005) by Sukhdeo Thorat, Chairman UGC
Reservation as a Welfare Measure
135
A - Role of CII Member Industry
(i) Provide scholarships for school students
and help them successfully Complete their
school education.
(ii) Companies running private schools will
link up with a government School in
their vicinity in order to raise their overall
standards.
(iii) Economically backward candidates could
be accommodated in the vocational
training by large companies.
(iv) CII members in specific industrial clusters
will collectively set up training centers for
economically backward candidates.
(v) While providing and distributing
midday meals should continue to be the
responsibility of the government, healthcare
and food packaging companies will help in
improving the nutritional standards and
hygienic quality of the meals being given
to the children.
(vi) Member companies will actively engage
with local authorities in the following
areas:
 For revamping curriculum
 For upgrading facilities
 For providing industry exposure to
faculty
 For providing technical, training and
financial inputs to the ITIs located in
their area of operation
(vii) Large and medium companies will work
with district industry centers and sponsor
vendor development programs for
disadvantaged groups, and
(viii)Member companies will create and enhance
livelihoods through ancillary development
and follow benchmarks set up by
other companies.
B - Role of Confederation of Indian Industry
(i) CII will implement its Skills Development
Program across the country to address the
needs of the youth. Vocational skills will be
imparted in all-important trades to ensue
employability and also to make people more
efficient as they become self-employed.
(ii) Upgrade 100 Industrial Training Institutes
identified by the govt. in the first phase to
improve employability and to encourage
self-employment.
(iii) CII will work with NGOs and Self Help
Groups so that the successful members
from these groups are encouraged to set up
their own enterprises; and
(iv) Revamp the financial system to provide
concessional credit to disadvantaged
groups to promote enterprise through
linkages with Nationalised Banks.
Views of the State/UT
Governments on Reservations
11. During the visits of the Commission to the
States/UTs, the Commission in addition to the
official meetings had inter-alia interactions with
the Chief Ministers and Governors of certain
States and the views expressed on the issue of
reservation during these visits are as under:
(i) Education is the only means to address
the problem of reservation in services and
those who are economically poor should
be provided with Scholarships and other
facilities to enable them to continue their
education etc.
(ii) Quality of education should be improved
right from the school stage.
(iii) Exclusion of Communities from the
Scheduled Lists should be a continuous
process and decadal surveys should be
carried out regularly to review these lists to
avoid misuse of reservation policy.
(iv) Reservations to the deprived sections of
the society should be restricted to onegeneration
only.
(v) Concept of Creamy layer may be introduced
for SCs and STs on the pattern of OBCs so as
to ensure that the most backwards among
them could also derive benefits from the
reservations earmarked.
(vi) Reservation should be extended to the
poorest in the society irrespective of the
religion one pursues.
(vii) Teaching in modern subjects besides
Urdu and religious education should be
introduced in Madarsas; and
(viii) There is need for the reservation in private
sector.
Report of the National Commission for Religious and Linguistic Minorities
136
12. A workshop was organised on Reservations
and its impact at Jawahar Lal Nehru University,
New Delhi on 31st July, 2006. Recommendations
of workshop are annexed in Volume II of the
report.
13. The reservation as a policy has been
a matter of debate since we achieved
independence. Reservation as tool for socioeconomic
upliftment was adopted as a shortterm
measure for specific categories of people
who for various reasons were discriminated
and deprived. In this context Pandit Jawahar
Lal Nehru in his communication addressed to
the Chief Ministers dated 27.6.1961 inter-alia
observed as under:
“I have referred above to efficiency and
to our getting out of our traditional ruts.
This necessitates our getting out of the
old habits of reservations and particular
privileges being given to this caste or
that group… It is true that we are tied up
with certain rules and conventions about
helping the Scheduled Castes and tribes.
They deserve help but, even so, I dislike
any kind of reservation more particularly in
services. I react strongly against anything,
which leads to inefficiency and secondrate
standards. I want my country to be
a first class country in every-thing. The
moment we encourage the second-rate, we
are lost.” He also observed “If we go in for
reservations on communal and caste basis,
we swamp the bright and able people
and remain second rate or third rate. I am
grieved to learn of how far this business of
reservation has gone based on communal
considerations. It has amazed me to learn
that even promotions are based sometimes
on communal or caste considerations. This
way lies not only folly but disaster. Let us
help the backward groups by all means, but
never at the cost of efficiency.”
14. In view of the foregoing, the Commission
has considered the following viewpoints:
14.1 The basic criteria for reservation should be
socio-economic backwardness with foolproof
arrangement of issue of certificates.
In fact, religion or caste should not be
the basis of Reservation. Also Article
16(4) should be the basis for providing
reservation benefit to minority groups who
are socio-economically backward class of
citizens.
14.2. The policy of reservation must be
consistent with the objective of reservation
so that the same does not outlast its
constitutional object and allow a vested
interest to develop and perpetuate itself.
There should be no need for reservation
or preferential treatment once equality is
achieved. In fact, it should be temporary in
concept, limited in duration, conditional
in application and specific in object.
Any attempt to perpetuate reservation
and upset the constitutional mandate
of equality is destructive of liberty
and fraternity and all the basic values
enshrined in the Constitution. A balance
has, therefore, to be maintained between
the competing values and the rival claims
and interests so as to achieve equality and
freedom for all.
14.3. The concept of reservation is an exception
and therefore, it should aim at the
achievement of self-abolition, i.e. by way
of the elimination of backwardness and
bringing the backwards economically
and socially upward. The sooner the need
for reservation is brought to an end, the
better it would be for the nation as a whole.
The sooner we redressed all disabilities
and wiped out all traces of historical
discrimination, and stopped identifying
classes of citizens by the stereo-typed,
stigmatised and ignominious label of
backwardness, the stronger, healthier and
better united we will emerge as a nation
founded on diverse customs, practices,
religions and languages but knitted
together by innumerable binding strands
of common culture and tradition.
14.4. Reservation was adopted as the means
to provide opportunities in employment.
Reservation as a Welfare Measure
137
While the weaker sections should be
given due opportunity, it is necessary to
break the vicious circle of limited sections
cornering the opportunities. Presently, the
concept of creamy layer in employment
is applicable in case of Other Backward
Castes and not for Scheduled Castes
and Scheduled Tribes. This anomaly
needs rectification as while the sections
of minorities belonging to SCs/STs are
availing the reservation facility irrespective
of their economic status, the minorities
included in the list of the Other Backward
Castes do not get this facility. Therefore,
there is need to have a uniform approach
in this regard by excluding the creamy
layer from the purview of reservation in
all cases including Scheduled Castes and
Scheduled Tribes. Further, if an individual
has benefited from the reservation in
the matter of employment, it may be
worthwhile to consider his next generation
for educational benefits only. After 60 years
of independence and 10 five-year plans,
which have focused in special incentives
and programmes, based on policy of
positive discrimination, it is necessary to
step forward, remove differential approach
based on caste, class, religion, and to
adopt uniform strategies for the socially,
economically and educationally poor.
Reservation should be limited to them.
14.5. Similarly, the reservation on promotion
is admissible to the Scheduled Castes
and Scheduled Tribes and not to Other
Backward Castes. Since, sections of
minorities are included in the lists of
Scheduled Castes and Scheduled Tribes
on one hand and Other Backward Castes
on the other, this has resulted in some
anomaly. It is necessary that the position
is reviewed and a uniform approach in
reservation is adopted limited to entry
point only and not promotions.
14.6. Since the existing Lists of SC, ST, OBC have
not been scientifically prepared with proper
survey and data on the socio-economic
status of a particular caste or class, the entire
system of reservation as also of the SC, ST,
OBC Lists needs to be overhauled. Since,
BPL Lists are being prepared on the basis of
social/ educational and economic criteria,
these are more scientific. Changes/revisions
are possible periodically in this as they are
prepared after a regular survey which is not
the case of SC, ST, OBC categories. This
should be taken in to account for making
any recommendations regarding criteria/
reservation benefits for backward sections.
14.7. In India, where there is still competition
for admission to schools at the primary
level and quality of education is a distant
dream, limited resources and facilities
that are available must be distributed
fairly. As discussed in the Chapter on “
Measures for Welfare and Development of
Minorities” of this Report, there is need to
provide greater opportunities for quality
education at primary and secondary level
(including the coaching classes) to equip
the weaker sections for competing on
merit along with others in recruitment to
public employment. Universal Elementary
Education (UEE) and Sarva Shiksha
Abhiyan (SSA) should make this possible.
14.8. There are multiple sources of deprivation
and inequality. The deprived sections are
deeply affected by the poor delivery of
basic education. In such a situation, how
the multiple sources of inequality in the
society should be addressed ensuring
that benefits reach the most marginalised
members of the society is an important
issue. Individual States/UTs may have to
experiment with a range of models for
delivering basic education and monitoring
the implementation of schemes involving
local communities to ensure that the
schemes do not remain on paper only.
Viewed in this background, many scholars
to day favour a system of weightages rather
than fixing quotas and earmarking seats for
some groups. The understanding being that
reservations tend to create inter-community
Report of the National Commission for Religious and Linguistic Minorities
138
conflicts and enhance particular identities.
They also imply a deviation from the norm
of open competition and filling of seats
on the basis of opportunities being given
equally to all. Weightages, on the other
hand, do not compromise the principle of
open competition while taking note of the
fact that competition is not always fair. To
make the competition fair, some special
consideration is given to the relatively
marginalised groups by way of extra
weightage.
14.9. During the workshop organised by the
Delhi School of Economics (University
of Delhi) on 29th– 30th August, 2006, it
was inter-alia felt that instead of quota, a
handicap approach wherein individuals
or household attributes should assume
importance without excluding group
characteristics may be relevant. The
model is intended to be evidence-based
and it addresses four main dimensions of
group disadvantages – caste/community,
gender, region and sector of residence (i.e.
rural or urban). There should be separate
evaluation of urban and rural candidates
based on the location of school where 10th
class examination was taken. Also, during
the workshop it was also felt that creamy
layer among the backward classes should be
skimmed off failing which the concession
granted by the reservation policy will
only be grabbed by the creamy layer and
not reach the truly weaker sections of the
society as has been the case so far.
14.10.Jawahar Lal Nehru University has
devised a unique admission policy which
combines constitutionally mandated
reservations with a system of weightages
for other marginalised communities. The
objective of the University’s admission
policy is to ensure that adequate number
of students from the under-privileged
and socially handicapped sections of our
society are admitted to the University
and to maintain all-India Character of
the University by having students from
different regions of the country especially
the backward areas. Such a system of
weightages may be better suited for the
development of socially and economically
backward sections of the society.
14.11.Prof. Andre Beteille, Chairman, ICSSR
while discussing the matter of “Right and
Policy”, have opined that Private Sector can
be more actively engaged in affirmative
action. But that may not happen so long
as affirmative action continues to be
equated with mandatory numerical quotas
administered under strict bureaucratic
supervision. Privatisation, liberalisation
and globalisation require an employment
policy that is radically different from
one governed by mandatory quotas
based on caste and community. Hence,
the imposition of mandatory quotas
on private companies may not help in
addressing the problem of inequalities
in the conditions of competition.
Instead, the government may encourage
private companies to devise their own
programmes of affirmative action by
giving tax concessions to companies etc.
that diversify the social composition of
their employees and make investments
in education and training. It will be in the
long-term interest of the companies, and
not just in the public interest, to adopt
active measures to seek out, stimulate and
nourish the vast reservoir of unutilised
talent that exists in the socially and
educationally backward communities.
14.12.Policy of reservations in the field of
employment and education has a long
and complex history in India. There is a
range of reservation policies. While there
is a single central policy on reservation,
different states in India have devised
their own polices and many of these
differ significantly from the Central
policy. To ensure proper implementation
of reservation system, constitution
of separate body - High Powered
Commission is recommended.
Demands for Amending Scheduled Castes Order 1950
139
DEMANDS FOR AMENDING CONSTITUTION
(SCHEDULED CASTES) ORDER 1950
Chapter 9
Constitutional Provisions
1. The Constitution of India does not restrict
the Scheduled Castes class to any select
religions. The term “Scheduled Castes” has
been defined in Article 366 (24) read with
Article 341(1) as:
“Scheduled Castes” means such castes,
races or tribes or parts of or groups within
such castes, races or tribes as are deemed
under article 341 to be Scheduled Castes for
the purposes of this Constitution.
(a) The President may with respect to any
State or Union territory, and where it is a
State, after consultation with the Governor
thereof, by public notification, specify the
castes, races or tribes or parts of or groups
within castes, races or tribes which shall
for the purposes of this Constitution be
deemed to be Scheduled Castes in relation
to that State or Union territory, as the case
may be.
(b) Parliament may by law include in or
exclude from the list of Scheduled Castes
specified in a notification issued under
clause (I) any caste, race or tribe or part
of or group within any caste, race or tribe,
but save as aforesaid a notification issued
under the said clause shall not be varied by
any subsequent notification.
2. Under these provisions a Constitution
(Scheduled Castes) Order was issued in 1950.
Para 3 in the Order said that any non-Hindu
could not be regarded as a Scheduled Caste.
Since this Order was amended in 1956 to include
Sikhs, and in 1990 the Buddhists, among the
Scheduled Castes, since the latter amendment
this para says that nobody who is not a Hindu,
Sikh or Buddhist can be a Scheduled Caste. The
text of the Order is reproduced below.
The Constitution (Scheduled Castes)
Order, 1950
In exercise of the powers conferred by clause (1)
of article 341 of the Constitution of India, the
President, after consultation with the Governors
and Rajpramukhs of the States concerned, is
pleased to make the following Order namely:
1. This Order may be called the Constitution
(Scheduled Castes) Order, 1950.
2. Subject to the provisions of this Order,
the castes, races or tribes or parts of, or
groups within, castes or tribes specified in
(Parts to (XXII) of the Schedule to this Order
shall, in relation to the States to which those
Parts respectively related, be deemed to be
Scheduled Castes so far as regards member
thereof resident in the localities specified
in relation to them in those Parts of that
Schedule.
3. Notwithstanding anything contained in
paragraph 2, no person who professes a
religion different from the Hindu, the Sikh or
the Buddhist religion shall be deemed to be a
member of a Scheduled Caste.
4. Any reference in this Order to a State or to a
district or other territorial division thereof shall
be construed as a reference to the State, district
or other territorial division as constituted on
the 1st day of May, 1976.”
Report of the National Commission for Religious and Linguistic Minorities
140
Moves for Change by Legislation
Efforts have been made in the past to get the
Constitution (Scheduled Caste) Order 1950
amended by legislation so as to make it religionneutral.
A number of Private Members’ Bills
have been moved in Parliament, but to no
avail. An official Bill called the Constitution
(Scheduled Castes) Orders (Amendment)
Bill was at last drafted in 1996. The opinions
expressed by the State/UT governments on the
Bill, obtained by the central government, were
divided. The government also took note of the
recommendations of the 1983 Gopal Singh Panel
and the central Minorities Commission which
were strongly in favour of deleting para 3 of the
SC Order of 1950, and of the Scheduled Castes
and Scheduled Tribes Commission which was
against the same. In view of all this divergence
of opinion the Bill was not introduced in the
Parliament.
Recent Court Cases Awaiting a
Decision
1. In three different pending petitions before
the Supreme Court of India the petitioners
have challenged paragraph 3 of Constitution
(Scheduled Castes) Order, 1950 saying that
a person not professing the Hindu, Sikh or
Buddhist faith cannot be included in the lists
Scheduled Castes. They have relied upon the
following grounds:
(a) Secularism is a basic feature of the
Constitution of India. The denial of
equal privileges to persons of Scheduled
Caste origin converted to Christianity
is in violation of both the basic features
enshrined in Article 25 and the preamble of
the Constitution.
(b) The Constitution has provided for equality
of opportunity to all those who are similarly
situated. Persons of Scheduled Caste origin
converted to Christianity are identically
situated vis-à-vis their counterparts
professing Hindu, Sikh and Buddhist
religions.
(c) Even after conversion, the caste label
continues and it is difficult for a person in
Indian society to get out of the vice of caste
system.
(d) Caste is more a social combination than
a religious group and that even though
the tenets of Christianity do not recognise
caste, it is in fact a reality.
(e) The only available judgment on this issue,
namely, the constitutionality of paragraph
No.3 of the Constitution (Scheduled
Caste) Order, 1950 in Soosai vs. UOI 1985
(Supp) S.C.C. 590. In the Judgment, the
Supreme Court had accepted that the caste
continued even after conversion. It had,
however, sought for more material to show
that the handicaps of persons of Scheduled
Castes had remained the same even after
conversion to Christianity. In the said case,
the Court was not satisfied with the material
placed before it.
(f ) The position of persons of Scheduled Caste
origin converted to Christianity remains the
same as before. They continue to be forced
into the most demeaning occupations.
Their position both in the Church as well as
amongst fellow Christians is no better than
that suffered by their counterparts in other
religious denominations. They continue to
be both poor and socially and educationally
backward. Inter-marriages between them
and upper caste Christians are rare. In
the Churches they are segregated from the
upper caste Christians. Even after death
they are buried in different burial grounds.
(g) The atrocities committed on the Dalits
are uniform irrespective of the religions
they belong to. Yet persons of Scheduled
Caste Origin converted to Christianity are
deprived of special protective provisions
solely on the basis of religion.
The petitioners have sought the relief that the
Supreme Court should strike down paragraph
3 of the Constitution (Scheduled Castes) Order
1950 as unconstitutional being violative of
articles 14, 15 and 16 of the Constitution and
direct the Government to extend the protection
available under the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities)
Act, 1989 and the Protection of Civil Rights Act,
Demands for Amending Scheduled Castes Order 1950
141
1955 to all persons of Scheduled Caste origin
irrespective of their religion.
2. Seven Writ Petitions making the same
demand are pending in different High Courts,
based mainly on the following pleas:
(a) The Presidential Order of 1950 was issued
by the President of India under Article
341 of the Constitution. The power
conferred on the President by Public
notification is a delegated power which
cannot run contrary to Article 13(2) of
the Indian Constitution which states as
follows: “The State shall not make any law
which takes away or abridges the rights
conferred by this part and any law made
in contravention of this clause shall, to the
extent of the contravention, be void. Under
Article-13(3), unless the context otherwise
requires (a) law include any ordinance
order by law, rule, regulation, notification
custom or usages having in the territory of
India the force of law. So the Presidential
Order of 1950 is unconstitutional and
it is a black letter written outside the
Constitution introduced through the
back door by an executive order. Under
Article 341 the President has no authority
to proclaim the para 3 of the scheduled
Caste order contrary to the Articles 15(2),
16(2), 29(2) and it is also against the basic
structure of the Constitution as decided
in the Kesavanandha Bharati Vs. State of
Kerala and para 3 of the Presidential order
can be quashed as per the judgment of the
Supreme Court decided in Maharaja Dhi
Raja Jiwaji Raja Sindhia Bahadur Madhava
Rao. Vs. Union of India in AIR 1971 SC 530
(1971) ISCC 85 para 3 of the Presidential
Order is anathema which disfigures the
beauty of the written Constitution of
India.
(b) Even under Article 341 the President is
not given a power to proclaim to prohibit
any citizen from professing any religion
of his choice. But the President under
Article 341 prescribes indirectly people
particularly (Scheduled Caste) not to
profess any religion different from Hindu
or Sikh religion. In other words to get a
benefit under Scheduled Caste Order 1950
a citizen should profess only Hindu or Sikh
religion. This is against the preamble of the
Indian Constitution, which secures “liberty
of thought, expression, belief, faith and
worship to all its citizens. Under Article 341
the power given to the President is to specify
the Caste and not to specify religion or to
identify the Caste by the symbol of religion
and hence it is a coloured legislation under
guise of Presidential Order.
(c) The explanation given under Article 25
cannot be construed as exception to
treat Sikhs, Jains, Buddhist and Hindus
as a single class or group except for the
purpose of applicability of personal laws
under Article 25(2) and the Presidential
Order is treating the members of the Caste
who come under para 2 of the Presidential
Order has misconstrued explanation 2 of
Article 25 for the purpose of discriminating
other religions such as Christians and
Muslims. Para 3 of Scheduled Caste
Order of 1950 suffers as it discriminates
the citizens on the ground of religion
only, whereas the schedule Tribes Order
1951 has omitted para 3 deliberately and
citizens of Backward Class and the forward
Class are not subject to the discrimination
on religion only in getting the equality of
status and of opportunity is undermined
in the case of Schedule Caste under the
Presidential Order of 1950 and it does not
promote fraternity among all its citizens
irrespective of Caste, religion and creed.
(d) In view of the judgment passed by the
Apex court in Indira Sawhney Vs. Union of
India Suppl. (3) Supreme Court Cases 217,
the impugned Constitution (Scheduled
Caste) Orders 1950 is required to be struck
down. The Apex Court in the said judgment
delivered by B.P. Jeevan Reddy J (on behalf
of Kania C.J., Veykantchalia, Ahmadi, and
for himself) in majority view came to the
conclusion that the concept of Castes is not
confined to Hindu religion only but it extends
irrespective of the religious sanction.
Report of the National Commission for Religious and Linguistic Minorities
142
(e) That the action of the Government is
arbitrary and discriminatory on the ground
that on one hand the Muslims have been
excluded for the purposes of treating their
Caste as Scheduled Caste, but on the other
hand the Muslims are included in the list
of backwards meaning thereby that the
person belonging to a Caste which has
been included in the list of Scheduled Caste
shall stand excluded from being treated
as Scheduled Caste on the simple ground
that he is a Muslim. But on the contrary,
if a person though Muslim, but his Caste
is included in the list of backwards, shall
stand included for the purpose of treating
him a backward. In view of this, the action
of the Government suffers from hostile
discrimination against Scheduled Castes
Muslims.
These petitioners have also sought the same
relief as sought in the petitions pending before
the Supreme Court.
Diversity of Views
There is a wide divergence in the views/
opinions expressed on this subject before the
Commission. The following views, for and
against, have been expressed before us :
A. Views in favour
(i) Even though Christianity and Islam do not
recognise caste system or untouchability,
the ground reality in India is different.
Persons of Scheduled /Caste origin
converted to Christianity/Islam are
continued to be subjected to disabilities,
including untouchability associated with
caste and occupation, as they continue to
be part and parcel of the Indian society.
(ii) It is not only the society that discriminates
against persons of Scheduled Caste
origin converted to Christianity/Islam
(inasmuch as such converts are not treated
by other members of their own religion
or by members of other religions as their
equals), they are being discriminated
against even by their own religious
institutions like church or the mosque; the
manifestation of discriminations being
separate churches/mosques or separate
prayer halls or prayer timings in the same
church/mosque for them and earmarked
areas for the burial of their dead.
(iii) Denial of Scheduled Castes status to them
despite untouchability related practices
being enforced against them or atrocities
committed against them deprives them
of the protection of the Scheduled Castes
and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
(iv) Despite no visible change in their social or
economic status as a result of conversion,
the converts are deprived of the benefits
of reservation, support and development
schemes formulated for their counterparts
in Hindu, Sikh and Buddhist religions.
This amounts to discrimination by the
state on the ground of religion.
(v) Exclusion of Christianity and Islam from
the purview of the Constitution (Scheduled
Caste) Order 1950 is discriminatory
and unconstitutional being violative of
the provisions of fundamental rights
guaranteed under Articles 14,15, 16 and
25 of the Constitution. Change of religion
being a strictly personal matter, such
change should not deprive persons of
Scheduled Caste origin protection and
benefits available to similarly placed
persons in other religions.
(vii) Although Sikhism and Buddhism do not
recognise Caste system like Christianity
and Islam, both Sikhs and Buddhists have
been given the status of Scheduled Caste
by amending the Constitution (Scheduled
Castes) Order 1950. There is no reason as
to why similar dispensation can not be
extended to similarly placed persons who
profess Christianity or Islam. That this is
not being done, is discrimination on the
ground of religion that is prohibited by
the Constitution.
(viii) Groups and classes of persons of Scheduled
Caste origin professing Christianity/Islam
who are included in the list of OBCs should
Demands for Amending Scheduled Castes Order 1950
143
be delisted therefrom and be given status
of Scheduled Castes.
B. Counter Views
(i) The very basis of identification of a certain
class of people as Scheduled Caste is social,
educational and economic backwardness
arising from the age old practice of
untouchability that flowed from a rigid
caste system in Hindu religion.
(ii) Persons professing Christianity or Islam were
not treated as depressed class/scheduled
caste by the British in pre-Independent
India or by the Indian Government after
independence. The status of depressed
class/scheduled caste was an inseparable
concomitant of Hindu religion in British
and Independent India.
(iii) Persons of Scheduled Caste origin
converted to Christianity/Islam who
are socially and educationally backward
are included in the list of OBC and are
benefiting from reservation in services/
educational institutions in favour of OBCs
and from other schemes and institutional
support systems formulated for OBCs.
(iv) Apart from the benefits available to
socially and educationally backward
amongst Christians and Muslims as
OBCs, they are also benefiting from the
constitutional, legal and institutional
protection/arrangements as members of
minority communities.
(v) Presently, reservation is available for SCs
and STs @ 15 percent and 7.5 per cent
respectively although, as per 2001 Census,
their share in population is much more.
Grant of SC status to converts to Christianity/
Islam would, therefore, adversely affect the
benefits available to Scheduled Caste in
the matter of reservation in services/posts
and educational institutions and related
matters.
Conclusion
1. Inclusion of castes in the old Government
of India (Scheduled castes) Order 1936 itself
was based on general impressions and not
on any actual survey of the caste situation in
the country. The same can be said about the
Constitution (Scheduled Castes) Order 1950
which was based on the old SC Order of 1936
Inclusion of additional castes from time to the
lists under the present Order of 1950 is also not
based on a scientific survey of the actual caste
situation in the country.
2. By all available evidence we do find the
caste system to be an all-pervading social
phenomenon of India shared by almost all
Indian communities irrespective of religious
persuasions.
3. It is claimed and agreed to by almost all
sections of the society in India, in various
context and especially in respect of the issue
of reservations, that no special benefits can
be given to any community or group on the
basis of religion. At the same time, however,
it is generally insisted upon that the class of
Scheduled Castes must remain religion-based.
This seems to be illogical and unreasonable.
4. Our recommendations on this matter made
in accordance with these conclusions are given
in Chapter-X.
5. Member-Secretary of the Commission did
not agree with these conclusions and has given
a Note of Dissent.
Report of the National Commission for Religious and Linguistic Minorities
144
RECOMMENDATIONS AND MODALITIES FOR THEIR
IMPLEMENTATION
Chapter 10
1. In the preceding chapters, we have discussed
at length the socio-economic status of the
religious and linguistic minorities, the legal
and constitutional provisions for safeguarding
their interests, and welfare and developmental
measures adopted for giving a greater thrust to
their growth and development with a view to
mainstream them.. We have also reviewed the
criterion which already exists for identifying
the socially and economically backward
amongst different categories of people in the
country including the religious and linguistic
minorities. While reviewing the status of
socially & economically backward amongst
different classes including the minorities,
the Commission has been guided by the
Constitutional provisions and the goals that
the Constitution has set for the country.
The ultimate objective as laid down by the
Constitution is of a country secular in nature,
based on the principles of equality, social
justice and equity for all its citizens without
discrimination on the basis of caste, creed,
sex or religion. Taking note of the existing
inequalities, it makes both mandatory and
enabling provisions for facilitating the
creation of a society where caste, class,
religion will have none or minimal influence.
In conformity with Constitutional directives
two pronged strategy has been evolved
for enhancing the status of its people. The
socially and economically backward are
eligible for benefits from all policies and
programmes of Government without any
discrimination as they are meant for all.
Additionally, special provisions have been
made for the categories of SCs, STs, OBCs,
weaker sections and minorities to ensure
greater thrust and focus for their accelerated
development to bring them at par with the
general category of people through line
Ministries/Departments/ Institutions. The
Commission is aware that many of these
programmes and interventions have enabled
positive discrimination in favour of the
backwards for their educational, social and
economic development which have had
favourable impact on their status. These
programmes are being implemented for the
last several decades.
2. The Commission has also taken note of
the changing nature of the socio-economic
structure of the society since independence.
It was noted that due to the impact of
various departmental and other policies and
programmes, industrialisation and migration
from rural to urban areas, the rigidities of the
age-old social structures have undergone a
change which have substantially blurred the
existing divisions in the society. The dwindling
role of Government has reduced the potential
for employment within the Government.
The economy is growing at a fast pace due to
technological advancements, industrialisation
and expansion of communication network.
These have opened newer vistas for
employment with the result that the potential
for employment by and large exists outside the
Government.
3. Despite the initiative taken by the
Government through policies of positive
discrimination and affirmative action through
reservation, special schemes and programmes
for social, educational and economic
Recommendations And Modalities For Their Implementation
145
development, it was noted that there is a wide
spread perception by both policy formulators
and implementers of programmes as also the
target groups that the flow of benefits to them
has not been uniform and the poorest amongst
them have by and large been left out. While
reviewing the policies and programmes, the
Commission has consciously tried to identify
the causes for such wide spread belief regarding
unequal treatments. The Commission is of
the view that a uniform approach towards
socially and economically backward needs
to be evolved which should not be based on
caste, class or religion so that social justice and
equity can be guaranteed to all. The criterion,
therefore, should be uniform based on social,
educational and economic indices equally
applicable to all. Those educationally and
economically backward are, by and large, also
socially backward.
4. Ideally there should be no distinction on the
basis of caste, religion or class. There should
be single List of socially and economically
backward including religious and linguistic
minorities based on common criteria.
The existing Lists prepared on the basis of
backwardness of caste or class should cease to
exist after the List of socially and economically
backward is ready. The new list of socially
and economically backward has necessarily
to be family/household based. It should be
all inclusive and based on socio-economic
backwardness.
5. On the basis of the above, the Commission
strongly feels that as education is crucial for
development and enhancement of social and
economic status, the focus has to be not only
on extending the facilities for education to
all equally, but also ensuring the quality of
education. Education through acquisition of
knowledge improves ability and capacity and
instills confidence and competitive spirit. It
nurtures and strengthens self reliance and
enables individual to seek better employment
opportunities. Educational programmes,
therefore, have to equip the individuals for their
social and economic development. Facilities
through various measures must, therefore, be
provided by both the public and private sectors
which should reflect the needs of the various
sections of the society and its economy.
6. As we have discussed in the Chapter on
Welfare Measures, education is the key
to development. It is the most important
requirement for improving the socioeconomic
status of the backward sections
among religious minorities. The literacy and
educational levels among religious minorities
vary considerably from one community to the
other and from one area to the other. While
educational level of Jains, Christians and Parsis
is higher, that of Muslims and Buddhists is
low and is next to SC/ST. Census statistics on
the status of religious minorities reveals that
the educational status of Muslims is relatively
low. However, disaggregated data presents
a picture of unevenness in the educational
status of Muslims and Buddhists cutting across
the States. The States of Bihar, Madhya Pradesh,
Rajasthan and UP which account for almost
65 percent of the total population of Muslims
in the country, present a dismal picture in
terms of social indicators of development
for the general population also. In terms of
educational, social and economic status, in the
under-developed or backward States, the poor
and socially and economically backward of
each community, including the Muslims,
are equal victims and suffer equally from
disabilities or deprivation. There is, therefore,
an urgent need for taking a comprehensive
view of socially and economically backward
of all communities in an integrated manner
and not deal with the issue of educational
backward in a segregated manner. The need
for expanding coverage and providing quality
education, focusing on girl’s education and
strengthening vocational education is vital for
educational development of weaker sections
among all backward classes, SCs and STs and
minorities.
7. Now that national programmes like Sarva
Siksha Abhiyan are available to all sections of
society throughout the country, there is a need
Report of the National Commission for Religious and Linguistic Minorities
146
to ensure participation in the programme by
all children belonging to religious minorities,
SCs/STs and other backward classes so that the
facilities are equally shared and dropout rates
can be contained. Area based approach needs
to be adopted and socially and economically
backwards targeted locally.
8. The educational status of minorities has
been discussed in the preceding chapters. We
find that the enrolment of children of religious
minorities at the primary level is better than
that of SC/ST. However, the dropout rate of
Muslims is higher at the middle and secondary
level. Social and economic prosperity is
closely linked to the level of education and
training of an individual. Acquisition of
knowledge and competitive spirit is essential
for accessing facilities and opportunities that
the society and its economy offer. The socially
and economically backward minorities need
to be enlightened about the importance of
acquiring knowledge and creating competitive
spirit with a view to ensuring that merit is
properly rewarded and reservation is not used
to kill initiative and competitive spirit. The
intelligentsia among the religious minorities
should convince the community for active
participation in educational programmes/
schemes and nurture initiative and spirit of
competition amongst them.
9. As in the case of education, the economic
status of religious minorities varies from
group to group and area to area. While level of
education and status has direct linkage with
the employability and economic wellbeing
of an individual, economic empowerment is
also dependent on several other factors. The
work participation both in the case of females
and males, traditional and cultural influences
especially with regard to female participation,
the type and nature of work etc. also influence
the economic status of individuals, households
and often of communities. In the case of
religious minorities, the work participation
rate of Buddhists, Hindus and Christians is
approximately the same as for all religious
populations which is 39.1 percent. The WPR of
Sikhs is slightly less than the national average.
However, in the case of both Jains and Muslims
it is low though, perhaps, for different reasons.
Muslims are the lowest at 31.3 percent. In terms
of categories of workers more Hindus, Sikhs
and Christians are cultivators than Muslims.
Christians and Sikhs are lowest in terms of
agriculture workers while Muslims have
the highest percentage of workers in the
household industry sector. In terms of ‘other
occupations’ the number of Christians is
proportionately the largest in this category at 52.8
percent. The number of Muslims in this category
stands at 49.1 percent, Hindus at the lowest at
35.5 percent. The level of poverty determines
the economic status of individuals. In terms
of poverty figures while percentage of people
living below the poverty line, Muslims
approximate to that of Hindus in the rural
areas, the percentage of Muslims living below
poverty line in the urban areas is high. The
largest number of people in the rural areas
who live below poverty line belong to the
category of other religions.
10. From the above figures, it can safely be
said that by and large the religious minorities
are more urban based than rural based.
While more Christians are engaged in wage
employment, more Muslims are employed
in household industries and are by and large
self-employed. Despite these variations, it
is apparent that the population of religious
minorities is as dispersed as that of majority
community. It is, therefore, necessary that
to economically empower the poor in a
holistic manner adequate infrastructure has
to be created and access through State and
community interventions ensured keeping
in mind their varied needs and requirements
both in the rural and urban areas. Jain and
Parsi communities are economically better
of and very few of them would, if at all, come
into the category of people below poverty line
or backward classes.
11. The status of women in the society largely
determines the social and economic well-being
of a society and country. Their participation
Recommendations And Modalities For Their Implementation
147
in economic activities at home and outside
on equal footing and the response of the
community in providing support system to
facilitate their continuous involvement at all
levels indicates socio-economic health of the
society. It is, therefore, important that equal
rights are not only guaranteed to them but
are ensured in all spheres and a protective,
secure environment conducive to women’s
involvement is provided.
12. In every organisation – governmental or nongovernmental,
planning and implementation
are both equally important aspects of
administration. Planning, formulating
policies and programmes for the development
of the country and its peoples for fulfilling
the objectives that are laid down, is vital for
sustainable development. Good governance
not only depends on appropriate policies
which are need based, identify target areas
and groups or households but is equally
dependent on a suitable administrative
framework and mechanism that ensures
delivery of services and facilities in an
equitable and just manner. For effective
implementation of programmes, it is
important that infrastructure - institutional
and administrative - is in place. Systems need
to be in place to regularly review policies,
programmes and mechanisms to assess
their appropriateness and feasibility as also
to constantly monitor to ensure that the
target groups and beneficiaries are availing
the services and facilities being provided for
them. Concurrent evaluation is necessary
to identify the gaps and or causes for tardy
implementation and corrective measures
taken midstream for realisation of aims and
objectives.
13. In the preceding Chapters we have pointed
out shortfalls and lacunae in the existing policies
and programmes, and the anomalies that exist
and have come to light in implementation. It has
also been highlighted that these have resulted
in marginalising the socially and economically
backward of all categories since the benefits
have gone to the upper crust within the groups
of backwards. Changes in the existing criterion
for identifying the eligible out of the backwards
is necessary. In a democracy, decentralisation
of administrative and financial powers and
authority is important. This is specially vital
in a vast country like ours which has variations
in terrain, population distribution, culture,
tradition, state of development and needs
– area and people-wise. In order to ensure
that the socially and economically backward
amongst all categories including the minorities
are able to take benefits from the schemes
and programmes, powers must be vested
at a level from where the access to and for
each individual/household of socially and
economically backward is possible. In order
to establish the efficacy of administration, it
has to be ensured that the constitutional
provision of equal treatment to socially and
economically backwards irrespective of
caste, creed is followed in word and spirit
for ensuring the flow of benefits to the SEB
families.
14. Reservation as a measure of affirmative
action has been discussed in detail in Chapter
No. 8. The Commission considered various
view-points brought before it during the
visits to States as also during interaction
with governmental authorities, NGOs, social
scientists etc. The Commission was of the
view that ideally the criteria for reservation
should be socio-economic backwardness and
not religion or caste. Further, Article 16(4)
should be the basis for providing reservation
benefits to minority groups who are socially
and economically backward. Reservation
should be provided only as a short term,
time-bound measure for enabling greater
participation, both in education and
employment. As we have mentioned earlier,
the lists of SC/ST and OBC have not been
scientifically prepared either on the basis of
a proper survey or reliable data on socioeconomic
status of a particular caste or class.
Therefore, the entire system of reservation,
including that for SCs/STs and OBCs needs
to be overhauled. Reservation as available to
SCs and STs is open-ended as it is available to
Report of the National Commission for Religious and Linguistic Minorities
148
all belonging to the category irrespective of
income, educational and economic status. OBCs
enjoy 27 percent reservation in employment,
though creamy layer is excluded. The norms
and methodology adopted, as pointed out in
Chapter-VIII is full of anomalies and hence
amenable to large-scale abuse. For this reason,
the better off among the groups take advantage
of reservation at the cost of the socially and
economically backward and deprived. It
is, therefore, necessary to limit benefits of
reservation to the socially and economically
backward only. Since BPL lists are prepared
on the basis of social/educational and
economic criteria, they are more scientific.
They are also revised periodically. BPL lists
should, therefore, be made eligible for grant of
reservation without distinction on caste, class,
group or religion basis.
15. The Commission is of the view that
provision of educational facilities to all sections
of population at all levels is most important.
The quality of education at primary and
secondary level is paramount to equip the
weaker sections for competing on merit for
admission in higher/professional educational
institutions. As discussed in the Workshop
organised by the Delhi School of Economics,
referred to in the Chapter on Reservation, the
four main dimensions of group disadvantages
are caste/community, gender, region and
sector of resident (rural or urban). It is also
essential to ensure that creamy layer among
the backward classes is kept out failing which
concessions granted by the Reservation Policy
will be grabbed by the creamy layer and not
reach the poorest of the poor.
16. We now proceed to list the concrete
recommendations we would like to make to
answer each of the Commission’s Terms of
Reference – three original and a fourth one
added later.
Term of Reference No. 1
Criteria for Identifying Socially and
Economically Backward Classes among the
Religious and Linguistic Minorities.
16.1.1. In our considered opinion the ultimate
goal should be the evolution of a uniform
pattern of criteria for identifying the
backward, which should be based only on
the educational and economic status of
people and not on their caste or religion,
and its application equally to all sections
of the citizens irrespective of their caste or
religion. And, we do suggest that overall
efforts should be directed towards gradually
leading the Nation to that goal.
16.1.2. We, however, do understand that
achievement of that ultimate goal will take
a long time as it would obviously require
building public opinion and procuring
national consensus in its favour, as also
a strong political will for translating it
into concrete action. We are, therefore,
recommending some other measures to
be adopted now, pending the possible
achievement of what we have called the
ultimate goal.
16.1.3. The measures recommended by us will
in our opinion pave the way for achieving
the aforestated ultimate goal in future on
one hand, while ensuring on the other hand
a faithful compliance at present with the
constitutional directives of social, economic
and political justice and equality of status
and opportunity as proclaimed by the
Preamble to the Constitution and detailed
in its provisions on Fundamental Rights.
Religious Minorities
16.1.4. We wish to clarify, at the outset, that
whatever recommendations of a general
nature (for all minorities) we are making here
are not only for the communities notified
as “minorities” by executive action under
the National Commission for Minorities
Act 1992 but for all religious minorities
– large or small – including the Hindus in
the Union Territory of Lakshadweep and
the States of Jammu & Kashmir, Meghalaya,
Mizoram, Nagaland and Punjab.
16.1.5. We recommend that in the matter
of criteria for identifying backward
classes there should be absolutely no
Recommendations And Modalities For Their Implementation
149
discrimination whatsoever between the
majority community and the minorities;
and, therefore, the criteria now applied for
this purpose to the majority community
– whatever that criteria may be – must
be unreservedly applied also to all the
minorities.
16.1.6. As a natural corollary to the aforesaid
recommendation we recommend that
all those classes, sections and groups
among the minorities should be treated
as backward whose counterparts in the
majority community are regarded as
backward under the present scheme of
things.
16.1.7. We further recommend that all those
classes, sections and groups among the
various minorities as are generally regarded
as ‘inferior’ within the social strata and
societal system of those communities –
whether called ‘zat’ or known by any other
synonymous expression – should be treated
as backward.
16.1.8. To be more specific, we recommend
that all those social and vocational groups
among the minorities who but for their
religious identity would have been covered
by the present net of Scheduled Castes
should be unquestionably treated as
socially backward, irrespective of whether
the religion of those other communities
recognises the caste system or not.
16.1.9. We also recommend that those groups
among the minorities whose counterparts
in the majority community are at present
covered by the net of Scheduled Tribes
should also be included in that net; and
also, more specifically, members of the
minority communities living in any Tribal
Area from pre-independence days should
be so included irrespective of their ethnic
characteristics.
Linguistic Minorities
16.1.10. In our opinion the concept of
‘backwardness’ is to be confined in its
application to religious minorities as it has
no relevance for the linguistic minorities.
The latter may be facing some other
problems like discrimination and denial
of constitutional rights in practice, but
no linguistic group may be regarded as
backward by itself. We are not, therefore,
recommending any criterion for identifying
‘socially and economically backward
classes’ among the linguistic minorities.
16.1.11. We are, of course, conscious of the
fact that those linguistic minority groups
who keep their education restricted to
their own language are often handicapped
in the matter of competing with others
in respect of educational development
and economic advancement. To address
this problem we are recommending some
specific welfare measures, but would not
like to identify language as one of the
criteria for identifying backward classes
among the people.
Term of Reference No. II
Measures of Welfare for Minorities including
Reservation
16.2.1. As democracy is a game of numbers,
the numerically weaker sections of the
citizenry in any society may and often
do get marginalised by the majority.
This is eminently true of the religious
minorities in India where the society
remains intensively religious and religionconscious
and the religious minorities live
with a predominant religious community
accounting for over 80 percent of the
national population. In such a situation
legal protection from the hegemony and
preponderance of the majority community
becomes a pressing need of the religious
minorities as a whole, and not just that of
the ‘backward’ sections among them. To
provide such necessary protection by law
we do have in the Constitution a Directive
Principle of State Policy, Article 46, which
speaks of “weaker sections of the people”
– notably without subjecting them to the
condition of backwardness – and mandates
the State to “promote with special care” the
educational and economic interests of such
Report of the National Commission for Religious and Linguistic Minorities
150
sections. It is keeping this in mind that we
are making certain recommendations for
the religious communities as such – though
we are, of course, also recommending
some special measures for the socially and
educationally backward sections among
the minorities.
16.2.2. We have a convinced opinion that
backwardness – both social and economic
– actually emanates from educational
backwardness. We are, therefore, making
certain measures for the educational
advancement of the religious minorities
– especially the Muslims and the Neo-
Buddhists - who were identified under
the National Education Policy of 1986 as
educationally most backward among all
the religious communities of the country.
At the same time we are also recommending
some measures for the economic
betterment of the backward sections among
the religious minorities.
16.2.3. As regards linguistic minorities, they
are entitled to certain reliefs under some
specific provisions of the Constitution, and
it is in accordance with those provisions
that we are recommending some welfare
measures also for them.
General Welfare Measures
Educational Measures
16.2.4. We further clarify that by the
word ‘education’ and its derivatives
as used below we mean not only
general education at the primary,
secondary, graduate and postgraduate
levels, but also instruction and training in
engineering, technology, managerial and
vocational courses and professional studies
like medicine, law and accountancy. All
these subjects and disciplines – as also the
paraphernalia required for these like libraries,
reading rooms, laboratories, hostels,
dormitories etc, - are included in our
recommendations for the advancement of
education among the minorities.
16.2.5. As the meaning and scope of Article
30 of the Constitution has become quite
uncertain, complicated and diluted due
to their varied and sometimes conflicting
judicial interpretations, we recommend
that a comprehensive law should be
enacted without delay to detail all aspects
of minorities’ educational rights under
that provision with a view to reinforcing its
original dictates in letter and spirit.
16.2.6. The statute of the National Minority
Educational Institutions Commission
should be amended to make it wide-based
in its composition, powers, functions and
responsibilities and to enable it to work as
the watchdog for a meticulous enforcement
of all aspects of minorities’ educational
rights under the Constitution.
16.2.7. As by the force of judicial decisions the
minority intake in minority educational
institutions has, in the interest of national
integration, been restricted to about 50
percent, thus virtually earmarking the
remaining 50 percent or so for the majority
community – we strongly recommend
that, by the same analogy and for the same
purpose, at least 15 percent seats in all nonminority
educational institutions should
be earmarked by law for the minorities as
follows:
(a) The break up within the recommended
15 percent earmarked seats in
institutions shall be 10 percent for the
Muslims (commensurate with their 73
percent share of the former in the total
minority population at the national
level) and the remaining 5 percent for
the other minorities.
(b) Minor adjustments inter se can be
made in the 15 percent earmarked
seats. In the case of non-availability
of Muslim candidates to fill 10 percent
earmarked seats, the remaining
vacancies may be given to the other
minorities if their members are
available over and above their share of
5 percent; but in no case shall any seat
within the recommended 15 percent
go to the majority community.
Recommendations And Modalities For Their Implementation
151
(c) As is the case with the Scheduled
Castes and Scheduled Tribes at
present, those minority community
candidates who can compete with
others and secure admission on their
own merit shall not be included in
these 15 percent earmarked seats.
16.2.8. As regards the backward sections
among all the minorities, we recommend
that the concessions now available in terms
of lower eligibility criteria for admission
and lower rate of fee, now available to the
Scheduled Castes and Scheduled Tribes,
should be extended also to such sections
among the minorities. Since women
among some minorities – especially the
Muslims and Buddhists – are generally
educationally backward, we recommend
the same measure for them as well and
suggest that other possible measures
be also initiated for their educational
advancement.
16.2.9. In respect of the Muslims – who are
the largest minority at the national level
with a country-wide presence and yet
educationally the most backward of the
religious communities – we recommend
certain exclusive measures as follows:
(i) Select institutions in the country like
the Aligarh Muslim University and
the Jamia Millia Islamia should be
legally given a special responsibility
to promote education at all levels to
Muslim students by taking all possible
steps for this purpose. At least one
such institution should be selected for
this purpose in each of those States
and Union Territories which has a
substantial Muslim population.
(ii) All schools and colleges run by
the Muslims should be provided
enhanced aid and other logistic
facilities adequate enough to raise
their standards by all possible means
and maintain the same.
(iii) The Madarsa Modernisation Scheme
of the government should be suitably
revised, strengthened and provided
with more funds so that it can provide
finances and necessary paraphernalia
either (a) for the provision of modern
education up to Standard X within
those madarsas themselves which
are at present imparting only
religious education or, alternatively,
(b) to enable the students of such
madarsas to receive such education
simultaneously in the general schools
in their neigbourhood. The Madarsa
Modernisation Scheme may, for all
these purposes, be operated through
a central agency like the Central Wakf
Council or the proposed Central
Madarsa Education Board.
(iv) The rules and processes of the Central
Wakf Council should be revised in
such a way that its main responsibility
should be educational development
of the Muslims. For this purpose the
Council may be legally authorised
to collect a special 5 percent
educational levy from all wakfs, and
(ii) to sanction utilisation of wakf
lands for establishing educational
institutions, polytechnics, libraries
and hostels.
(v) In the funds to be distributed by
the Maulana Azad Educational
Foundation a suitable portion
should be earmarked for the Muslims
proportionate to their share in the
total minority population. Out of this
portion funds should be provided
not only to the existing Muslim
institutions but also for setting up
new institutions from nursery to the
highest level and for technical and
vocational education anywhere in
India but especially in the Muslimconcentration
areas.
(vi) Anganwaris, Navodaya Vidyalayas
and other similar institutions should
be opened under their respective
schemes especially in each of the
Muslim-concentration areas and
Muslim families be given suitable
incentives to send their children to
such institutions.
Report of the National Commission for Religious and Linguistic Minorities
152
16.2.10. As regards the linguistic minorities, we
recommend the following measures :
(a) The law relating to the Linguistic
Minorities Commissioner should
be amended so as to make this
office responsible for ensuring full
implementation of all the relevant
Constitutional provisions for the
benefit of each such minority in all the
States and Union Territories.
(b) The three-language formula should
be implemented everywhere in the
country making it compulsory for the
authorities to include in it the mothertongue
of every child – including,
especially, Urdu and Punjabi – and
all necessary facilities, financial and
logistic, should be provided by the
State for education in accordance with
this dispensation.
(c) Members of those linguistic minority
groups whose education is limited
to their mother tongue and who do
not have adequate knowledge of the
majority language of the region should
be provided special facilities in the
form of scholarships, fee concession
and lower eligibility criteria for
admission to enable them to acquire
proficiency in the regionally dominant
language.
(d) Urdu-medium schools should be
provided special aid and assistance
– financial and otherwise – to enhance
and improve their efficiency, standards
and results.
Economic Measures
16.2.11. As many minority groups specialise
in certain household and small scale
industries, we recommend that an effective
mechanism should be adopted to work
for the development and modernisation
of all such industries and for a proper
training of artisans and workmen among
the minorities – especially among the
Muslims among whom such industries,
artisans and workmen are in urgent need of
developmental assistance.
16.2.12. As the largest minority of the
country, the Muslims, as also some other
minorities have a scant or weak presence
in the agrarian sector, we recommend that
special schemes should be formulated
for the promotion and development of
agriculture, agronomy and agricultural
trade among them.
16.2.13. We further recommend that effective
ways should be adopted to popularise
and promote all the self-employment and
income-generating schemes among the
minorities and to encourage them to benefit
from such schemes.
16.2.14. We recommend that the rules,
regulations and processes of the National
Minorities Development and Finance
Corporation be overhauled on a priority
basis – in the light of the recent report
recently submitted by the NMDFC Review
Committee and in consultation with the
National Commission for Minorities –
with a view to making it more efficient,
effective and far-reaching among the
minorities.
16.2.15 . We further recommend that a 15
percent share be earmarked for the
minorities – with a break-up of 10 percent
for the Muslims (commensurate with their
73 percent share of the former in the total
minority population at the national level)
– and 5 percent for the other minorities
in all government schemes like Rural
Employment Generation Programme,
Prime Minister’s Rozgar Yojna, Grameen
Rozgar Yojna, etc.
Reservation
16.2.16. Since the minorities – especially the
Muslims – are very much under-represented,
and sometimes wholly unrepresented, in
government employment, we recommend
that they should be regarded as backward
in this respect within the meaning of
that term as used in Article 16 (4) of the
Constitution – notably without qualifying
the word ‘backward’ with the words “socially
and educationally” – and that 15 percent
Recommendations And Modalities For Their Implementation
153
of posts in all cadres and grades under the
Central and State Governments should be
earmarked for them as follows:
(a) The break up within the recommended
15 percent shall be 10 percent for the
Muslims (commensurate with their 73
percent share of the former in the total
minority population at the national
level) and the remaining 5 percent for
the other minorities.
(b) Minor adjustment inter se can be
made within the 15 percent earmarked
seats. In the case of non-availability of
Muslims to fill 10 percent earmarked
seats, the remaining vacancies may
be given to other minorities if their
members are available over and
above their share of 5 percent; but
in no case shall any seat within the
recommended 15 percent go to the
majority community.
16.2.17. We are convinced that the action
recommended by us above will have
full sanction of Article 16 (4) of the
Constitution. Yet, should there be some
insurmountable difficulty in implementing
this recommendation, as an alternative
we recommend that since according
to the Mandal Commission Report the
minorities constitute 8.4 percent of the
total OBC population, in the 27 percent
OBC quota an 8.4 percent sub-quota
should be earmarked for the minorities
with an internal break-up of 6 percent for
the Muslims (commensurate with their
73 percent share in the total minority
population at the national level) and 2.4
percent for the other minorities – with
minor adjustments inter se in accordance
with population of various minorities in
various States and UTs.
16.2.18. We further recommend that the
reservation now extended to the Scheduled
Tribes, which is a religion-neutral class,
should be carefully examined to assess
the extent of minority presence in it and
remedial measures should be initiated to
correct the imbalance, if any. The situation
in Meghalaya, Mizoram, Nagaland
and Lakshadweep which are minoritydominated
and predominantly tribal, as
also such tribal areas/districts in Assam and
all other States, is to be especially taken into
account in this respect.
16.2.19. We recommend that the judicial
reservation recently expressed in several
cases about the continued inclusion of the
creamy layer in various classes enjoying
reservation, inclusive of the Scheduled
Castes and Scheduled Tribes, should be
seriously considered for acceptance as a
State policy.
Additional Term of Reference
Para 3 of the Constitution (Scheduled Castes)
Order 1950
16.3.1. On a careful examination of prevalence
of the caste system among various sections
of the Indian citizenry we have concluded
that caste is in fact a social phenomenon
shared by almost all Indian communities
irrespective of their religious persuasions.
Many of the particular castes are found
simultaneously in various religious
communities, equally facing problems of
social degradation and mistreatment both
by their co-religionists and the others.
16.3.2. We are also conscious of the fact that
the Constitution of India prohibits any
discrimination between the citizens on
the basis of caste, and yet it sanctions
special affirmative measures for Scheduled
Castes. At the same time it prohibits any
discrimination on the ground of religion.
Reading all these constitutional provisions
together, we are convinced that any
religion-based discrimination in selecting
particular castes for affirmative action
will conflict with the letter and spirit of
the constitutional provisions. We are
accordingly making the following
recommendations on this additional Term
of Reference added by the government to
our original Terms of Reference several
months after we began our work
16.3.3. We recommend that the caste system
should be recognised as a general social
Report of the National Commission for Religious and Linguistic Minorities
154
characteristic of the Indian society as
a whole, without questioning whether
the philosophy and teachings of any
particular religion recognise it or not
– since the Indian brands of certain faith
traditions like Christianity and Islam have
never assimilated many puritan principles
of those religions, posing this question
in respect of the caste system only and
singling out for a differential treatment is
unreasonable and unrealistic.
16.3.4. We would like this fact to be duly
recognised that among the Muslims of
India the concepts of zat (caste) and arzal
(lower castes) are very much in practice;
and even the Muslim law of marriage
recognises the doctrine of kufw –parity
in marriage between the parties in all
vital respects including social status and
descent – which in this country means
nothing but caste.
16.3.5. In view of what has been said above, we
recommend that Para 3 of the Constitution
(Scheduled Castes) Order 1950 – which
originally restricted the Scheduled Caste net
to the Hindus and later opened it to Sikhs
and Buddhists, thus still excluding from
its purview the Muslims, Christians, Jains
and Parsis, etc. – should be wholly deleted
by appropriate action so as to completely
de-link the Scheduled Caste status from
religion and make the Scheduled Castes
net fully religion-neutral like that of the
Scheduled Tribes.
16.3.6. We further recommend that all those
groups and classes among the Muslims
and Christians, etc. whose counterparts
among the Hindus, Sikhs or Buddhists, are
included in the Central or State Scheduled
Castes lists should also be covered by the
Scheduled Caste net. If any such group or
class among the Muslims and Christians,
etc. is now included in an OBC list, it should
be deleted from there while transferring it
to the Scheduled Castes – placing the same
persons in the Scheduled Caste list if they
are Hindu, Sikh or Buddhist but in the
OBC list if they follow any other religion
– which is the case in many States - in our
opinion clearly amounts to religion-based
discrimination.
16.3.7. We further recommend that as the
Constitution of India guarantees freedom
of conscience and religious freedom as
a Fundamental Right, once a person has
been included in a Scheduled Caste list a
willful change of religion on his part should
not affect adversely his or her Scheduled
Caste status – as that would in our opinion
conflict with the basic constitutional
provisions relating to equality, justice and
non-discrimination on religious grounds;
as also with the spirit of the old and timetested
Caste Disabilities Removal Act of
1850.
Term of Reference No. III
Modalities for Implementing Our
Recommendations
16.4.1. We have been asked also “to suggest
the necessary constitutional, legal and
administrative modalities” required for the
implementation of our recommendations.
In this regard we have to say as follows.
16.4.2. We are not suggesting any
amendment in the Constitution – as
we are fully convinced that none of
our recommendations requires for its
implementation any amendment of the
Constitution and that each of these can
be fully implemented by legislative or/
and administrative action.
16.4.3. We recommend that all Central and
State Acts, Statutory Rules and Regulations
be suitably amended to implement those
of our recommendations which in the
opinion of the Ministry of Law and Justice
or any another concerned authority may
require such amendments.
16.4.4. More specifically, we recommend
the following legislative actions which
in our opinion are required either for
the implementation of some of our
recommendations stated above or otherwise
in the interest of the welfare of minorities :
(a) Enactment of a detailed law to
enforce the dictates of Article 30 of the
Constitution;
Recommendations And Modalities For Their Implementation
155
(b) Amendment of the National
Commission for Backward Classes Act
1993;
(c) Amendment of the Constitution
(Scheduled Castes) Order 1950 and
the Constitution (Scheduled Tribes)
Order 1951 as also of the Central and
State lists of the Scheduled Castes and
Scheduled Tribes;
(d) Review of the laws and rules, processes
and procedures, relating to selection
and notification of OBCs at the Central
and State levels;
(e) Enactment of a law to clothe
with statutory status and judicial
enforceability the Prime Minister’s
15-Point Programme for Minorities
1983 as modified in 2006;
(f ) Amendment of the National
Commission for Minorities Act
1992 and the National Commission
for Educational Institutions Act
2004 so as to make it necessary for
the government to appoint as the
chairpersons and members of these
bodies – through a Search Committee
as in the case of the National Human
Rights Commission – only reputed
experts in the constitutional, legal,
educational and economic matters
relating to the minorities;
(g) Necessary amendments in the Wakf
Act 1993 and all the Rules framed
under its provisions;
(h) Review and necessary overhaul of the
laws, rules, regulations, procedures
and processes relating to the National
Minorities Development and Finance
Corporation and the Maulana Azad
Education Foundation.
16.4.5. We recommend the following
administrative measures which in
our opinion are required either for
the implementation of some of our
recommendations or otherwise in the
interest of the welfare of minorities:
(a) Establishment of a Parliamentary
Committee to consider and decide
in the light of the Constitution policy
matters relating to the minorities;
(b) Establishment of a National
Committee consisting of Chairpersons
of NHRC, NCW, NCBC, NCST, NCSC,
NCM, NCMEI, NMDFC, CLM, Central
Wakf Council and Maulana Azad
Foundation along with nominated
experts for monitoring the educational
and economic development of the
minorities;
(c) Creation of similar bodies in all the
States/UTs for the same purpose and
consisting of local top-level officials
dealing with minority-related matters
and independent experts;
(d) Establishment of a National-level
Coordination Committee consisting of
representatives of all the nationalised
banks and other financial institutions
to work under the RBI for monitoring
credit flow to the minorities;
(e) Establishment of State Minorities
Commissions and Minority Welfare
Departments in all those States and
UTs where these do not exist as of
now;
(f ) Decentralisation of all minorityrelated
schemes, programs and plans
so as to create suitable district-level
mechanisms for their day-to-day
implementation;
(g) Revision of the list of Minority
Concentration Districts as suggested
by the NCM in 1990s and initiating
special educational, economic and
general welfare measures there
through the local administration;
(h) Appointment of Minority Welfare
Committee consisting of officials
and local experts in all districts of the
country to act the nodal agencies of
NCM, State Minorities Commissions
and all other Central and State-level
bodies working for the minorities.
156
1. Chapter-IX of the Report relates to the
Term of Reference which the Ministry of
Social Justice & Empowerment, Govt. of India
referred to the Commission on 24.8.2005 vide
which the Ministry asked the Commission
“as a part of its larger terms of reference for
recommending welfare measures for the
minorities including reservation in education
and Government employment, examine
the justification for specification of Dalit
Christians (or Scheduled Caste converts to
Christianity) and Dalit Muslims (or Scheduled
Caste converts to Islam) as Scheduled Caste
for the purposes of reservation. If the opinion
is in the affirmative, then Scheduled Caste
converts to Christianity or Islam will have
to be deleted from the Central list of Other
Backward Classes and States wherever they
are included”. The Commission was also
asked “to examine whether the condition
of ‘religion’ from Para 3 of the Constitution
(Scheduled Caste) Order be deleted or
Christianity and Islam be included in Para 3
of the Constitution (Scheduled Caste) Order,
1950”. The Commission was asked to give its
specific recommendation on these aspects in
its Report. Subsequently, vide Notification
No.14/6/2005/MC dated 28.9.2005 a formal
amendment to the terms of reference of the
Commission was received which desired this
Commission “to give their recommendations
on the issues raised in Writ Petition No.180/04
and 94/05 filed in the Supreme Court and in
certain High Courts of India relating to para 3
of the Constitution (Scheduled Castes) Order
1950, in the context of ceiling of 50 percent on
reservations as also the modalities of inclusion
in the list of Scheduled Castes.”
2. There are three Writ Petitions which have
been filed by Christians in the Supreme Court
of India – WP Nos.180/04, 94/05 and 625/05.
DISSENT NOTE ON CONFERMENT OF
SCHEDULED CASTE STATUS ON SC CONVERTS TO
CHRISTIANITY AND ISLAM
Mrs. Asha Das, Member-Secretary
Similarly, in various High Courts of the country,
seven Writ Petitions have been filed by Muslims
with reference to para 3 of the Constitution (SC)
Order, 1950. All these Writ Petitions challenge
para 3 of the Constitution (SC) Order, 1950 as
discriminatory and violative of Fundamental
Rights guaranteed under Articles 14, 15(4) and
16(4) of the Constitution.
3. The issues arising from the Terms of Reference
assigned to this Commission and the Writ
Petitions mentioned above which need to be
examined are the following:
(i) the justification for specification of
Scheduled Caste converts to Christianity
and Scheduled Caste converts to Islam
as Scheduled Caste for the purposes of
reservation.
(ii) whether the condition of ‘religion’ from Para
3 of the Constitution (Scheduled Castes)
Order be deleted or Christianity and Islam
be included in Para 3 of the Constitution
(Scheduled Castes) Order.
(iii) the Constitutional validity of para 3 of the
Constitution (SC) Order, 1950; and
(iv) the impact of recommendations on para
3 of the Constitution (SC)
Order, 1950
(a) on the ceiling of 50 percent on reservation.
(b) the modalities of inclusion in the List of
SCs.
4. In order to examine the issues raised in para
3 above it would be necessary to understand
the Constitutional provisions which authorise
special dispension for Scheduled Castes and
the reasons and historical background which
necessitated these provisions. In this regard
apart from examining the Constitutional
provisions, the Commission had also examined
the response of the Government including
those of specific Ministries/Departments on
Report of the National Commission for Religious and Linguistic Minorities
157
the Writ Petitions and similar issues raised
earlier. Besides, it also invited views and
opinion from members of public through press
advertisement; held meetings and discussions
with State authorities, community leaders,
social workers, NGOs etc. at its headquarters
and also during its visits to 28 States/UTs. We
also took note of the reports of studies sponsored
by the Commission and issue based workshops
organised through premier institutions.
5. Before constitutionality of various provisions
with reference to the Term of Reference is
examined, it would be appropriate to refer
to the grounds of the Writ Petitions pending
in Supreme Court and High Courts. These
have been examined in Part III of Chapter IX
on ‘Demands for amending Constitutional
(SC) Order, 1950 and are, therefore, not being
repeated.
6. The arguments and justifications put
forth during the visits, meetings and reports
etc. mentioned above in favour and against
conferment of SC status for persons of SC
origin converted to Christianity and Islam were
as follows:
In Favour of Conferment of SC
Status
(i) Even though Christianity and Islam do not
recognise caste system or untouchability,
the ground reality in India is different.
Persons of Scheduled Caste origin
converted to Christianity/Islam continue
to be subjected to disabilities, including
untouchability associated with caste and
occupation, as they continue to be part
and parcel of the Indian society.
(ii) It is not only the society that discriminates
against them (inasmuch as such converts
are not treated by other members of
their own religion or by members of
other religions as their equals), they are
being discriminated against even by their
own religious institutions like church
or the mosque; the manifestation of
discriminations being separate churches/
mosques or separate prayer halls or prayer
timings in the same church/mosque for
them and earmarked areas for the burial
of their dead.
(iii) Denial of Scheduled Caste status to them
despite untouchability related practices
being enforced against them or atrocities
committed against them deprives them
of the protection of the Scheduled Castes
and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
(iv) Despite no visible change in their
social or economic status as a result of
conversion, the converts are deprived
of the benefits of reservation, support
and development schemes formulated
for their counterparts in Hindu, Sikh
and Buddhist religions. This amounts to
discrimination by the State on the ground
of religion.
(v) Exclusion of Christianity and Islam from
the purview of the Constitution (Scheduled
Castes) Order 1950 is discriminatory
and unconstitutional being violative of
the provisions of Fundamental Rights
guaranteed under Articles 14,15, 16 and
25 of the Constitution. Change of religion
being a strictly personal matter, such
change should not deprive persons of
Scheduled Caste origin, protection and
benefits available to similarly placed
persons in other religions.
(vi) Although Sikhism and Buddhism do not
recognise caste system like Christianity
and Islam, both Sikhs and Buddhists have
been given the status of Scheduled Castes
by amending the Constitution (Scheduled
Castes) Order 1950. There is no reason as
to why similar dispensation cannot be
extended to similarly placed persons who
profess Christianity or Islam. That this is
not being done is discrimination on the
ground of religion that is prohibited by
the Constitution.
(vii) Such of the persons of Scheduled Caste
origin converted to Christianity/Islam
who are included in the list of OBCs
should be de-listed there from and be
given status of Scheduled Castes.
Dissent Note on Conferment of Scheduled Caste Status on SC Converts to Christianity and Islam
Report of the National Commission for Religious and Linguistic Minorities
158
Against Conferment of SC Status
(i) The very basis of identification of a certain
class of people as Scheduled Caste is social,
educational and economic backwardness
arising from the age-old traditional practice
of untouchability that flowed from a rigid
caste system in Hindu religion.
(ii) Persons professing Christianity or Islam
were not treated as depressed class/
scheduled caste by the British in pre-
Independent India or by the Indian
Government after independence. The
status of depressed classes/Scheduled
Castes was an inseparable concomitant of
Hindu religion in British and Independent
India. The Scheduled Caste status was
accorded to persons professing Sikh or
Buddhist religions for the reason that
they were basically sects of Hindu religion
rather than being independent religions
like Christianity or Islam.
(iii) Persons of Scheduled Caste origin
converted to Christianity/Islam who
are socially and educationally backward
are included in the list of OBCs and are
benefiting from reservation in services/
educational institutions in favour of OBCs
and from other schemes and institutional
support systems formulated for OBCs.
(iv) Apart from the benefits available to
socially and educationally backward
amongst Christians and Muslims as
OBCs, they are also benefiting from the
constitutional, legal and institutional
protection/arrangements as members of
minority communities.
(v) Presently, reservation is available for SCs
and STs @ 15 percent and 7.5 per cent
respectively although, as per 2001 Census,
their share in population is much more.
Grant of SC status to converts to Christianity/
Islam would, therefore, adversely affect the
benefits available to Scheduled Castes in
the matter of reservation in services/posts
and educational institutions and related
matters.
In order to appreciate the reasons for separate
delineation of SCs, it is important that the
historical background and constitutional &
legal position with reference to the same is
examined.
Scheduled Castes: Historical
Background and Constitutional &
Legal Position
7. In order to understand who the Scheduled
Castes are, it is important to go into
its genesis. The term “Scheduled Caste”
appeared for the first time in the Government
of India Act, 1935. The Government
of India Scheduled Castes Order 1936 was
issued under this Act. Paragraph 3 of this
Order issued on 30th April, 1936 provides
that “No Indian Christian shall be deemed
to be a member of Scheduled Caste”. The
concern for selected Hindu castes, however,
dates back to 1880 when Sir Denzil
Ibbetson, the then Census Commissioner
in British India, classified certain marginalised
caste groups involved in diverse occupations
into 17 groups. However, when
apprehensions were raised regarding their
Hindu background, more stringent criteria
for identifying those who were 100 percent
Hindus was adopted. The criteria for identifying
them was based on relationship of
the castes with the Brahmins; their authority
to worship God, recognise Vedas; entry
into temples for them and whether or not
their touch and proximity caused pollution.
It is obvious that even as early as 1880 the
identification of depressed classes was from
within the Hindu religious community. An
elaborate attempt was made by the Census
Commissioner J.S.Hatton in Census Report
1931 to specify criteria for identifying the
untouchable groups. He proposed a series
of steps, which revolved around the incidence
of disabilities arising out of untouchability
amongst Hindus. These included:
(i) Whether the caste or class in question is
served by clean Brahmans.
(ii) Whether the caste or class in question is
served by the barbers, watercarriers,
tailors, etc., who serve high caste
Hindus.
159
(iii) Whether the caste in question pollutes
a high caste Hindu by contact or by
proximity.
(iv) Whether the caste or class in question is
one from whose hands a high caste Hindu
can take water.
(v) Whether the caste or class in question is
debarred from using public conveniences,
such as roads, ferries, wells or schools.
(vi) Whether the caste or class in question is
debarred from the use of Hindu Temples.
(vii) Whether in ordinary social intercourse
a well-educated member of the caste or
class in question will be treated as an equal
by high caste men of the same educational
qualifications.
(viii) Whether the caste or class in question
is merely depressed on account of its
own ignorance, illiteracy or poverty and
but for that, would be subject to no social
disability.
(ix) Whether it is depressed on account of the
occupation followed and whether but for
that occupation it would be subject to no
social disability.
The above criteria, which in other words means
discrimination based on the obnoxious practice
of untouchability may appear to hold good for
purposes of specifying the Scheduled Castes*.
Thus the test applied was the social, educational
and economic backwardness arising out of the
historical custom of untouchability**.
8. The very basis for inclusion of certain castes in
the Schedule to the Government of India (Scheduled
Castes) Order 1936, and subsequently in the
Schedule to the Constitution (Scheduled Castes)
Order 1950 which was based on the earlier Order
was the traditional practice of untouchability
that had plagued Hindu society for hundreds
of years resulting in social, educational and economic
backwardness of such castes. Parameters
or criteria applied by the British authorities for
identifying depressed classes, which, later, came
to be known as Scheduled Castes largely related
to the practices and prejudices arising from untouchability.
“The phenomenon of untouchability
in this country is fundamentally of religious
and political origin. Untouchability is a part
of the Hindu religious system”. # Thus religion
was the basis for inclusion of castes in the list of
‘Scheduled Castes’ in 1936 as also in 1950.
9. In the year 1956, an amendment was made
in t he Constitution (Scheduled Castes) Order
1950 and the Hindu and the Sikh religions
were placed on the same footing with regard to
specification of Scheduled Castes. In the year
1990, another amendment was made in the
Constitution (Scheduled Castes) Order, 1950
and the Buddhist religion was also brought
under the realm of Scheduled Castes. These
amendments referred to above were supported
by the Explanation II of Article 25 of the
Constitution of India, which reads as under:
“In sub-clause (b), the reference to Hindus
shall be construed as including a reference to
persons professing the Sikh, Jain or Buddhist
religions, and the reference to Hindu religious
institutions shall be construed accordingly”.
It may be mentioned that the Scheduled Castes
converted to Buddhism in large numbers after
the 1950 Order were already enlisted as Scheduled
Castes. They converted voluntarily to protest
against the unseemly practice of untouchability.
The notification continued the recognition so that
they could benefit from the special protection/
facilities already available to them.
Constitutional Validity of
Constitution (Scheduled Castes)
Order, 1950
10. It has been argued that paragraph 3 of the
Constitution (Scheduled Castes) Order, 1950 is
discriminatory and violates Articles 14, 15(4)
* Report of the Commissioner for Scheduled Castes and
Scheduled Tribes, Government of India, 28th Report, 1986-87
PP.549-550.
** Handbook on Scheduled Castes and Scheduled Tribes, office
of the Commissioner for Scheduled Castes and Scheduled
Tribes, 1968, P.27.
# Report of the Committee on Untouchability, Economic and
Educational Development of the Scheduled Castes and
Connected Documents. 1969 – p.1.
Dissent Note on Conferment of Scheduled Caste Status on SC Converts to Christianity and Islam
Report of the National Commission for Religious and Linguistic Minorities
160
and 16(4) as also Articles 15(2), 16(2), 25, and
Article 341.
Article 14 establishes equality before law
or equal protection within the territory of
India. Article 15 prohibits discrimination on
grounds of religion, race, caste, sex or place of
birth. Article 16 guarantees right to equality
of opportunity and employment in public
offices. All these Articles while guaranteeing
equality before law, prohibiting discrimination
on grounds of religion, caste etc. and/or
guaranteeing equality of opportunity for
employment specifically make provisions for
certain categories on the ground of social and
educational backwardness and for Scheduled
Castes and Scheduled Tribes under Articles
15(4), 16(4) and 16(4A).
11. The Constitution in recognition of the social
stratification of the society and the unequal
status of different groups makes provisions for
several categories of people from amongst the
backwards who needed special protection and
ameliorative steps for enhancing their status
and standing in the society. Articles 15(4), 16(4),
46 and 341 are relevant in this regard. These
included the Scheduled Castes, who were
the only category recognised on the basis of
religion and discriminatory practices existing
within Hinduism by the Constitution. Castes
of Hindu religion identified on ‘untouchability’
related parameters were already scheduled
under the 1936 Order. The Scheduled Tribes
were also given a special status on the basis
of geographical isolation. Articles 15 (4),
16(4) and 46 made provisions for identifying
socially and educationally backward classes
and the weaker sections in addition to the
Scheduled Castes and Scheduled Tribes
and providing for their advancement. Thus
the Constitution makes provision for those
discriminated against within a religion,
or on account of residing in inaccessible
areas, or because of educational and social
backwardness or belonging to weaker
sections. These are all exceptions provided
within Articles that guaranty equality and
non-discrimination etc.
12. The validity of the order was considered by
the Supreme Court in Writ Petition No. 9596/83
in the case of Soosai Vs The Union of India
and Others (AIR 1986 SC 733). In para 7 of the
judgment the Court had observed that “Now
it cannot be disputed that the Caste system is
a feature of the Hindu social structure. It is a
social phenomenon peculiar to Hindu society.
The Apex Court in para 8 of their aforesaid
judgment further observed that, “it is quite
evident that President had before him all this
material indicating that the depressed classes
of the Hindu and the Sikh communities suffered
from economic and social disabilities and
cultural and educational backwardness so gross
in character and degree that the members of
those Castes in the two communities called for
the protection of the Constitutional provisions
relating to the Scheduled Castes. It was evident
that in order to provide for their amelioration
and advancement it was necessary to conceive
of interventions by the State through its
legislative and executive powers. It must be
remembered that the declaration incorporated
in paragraph 3 deeming them to be members
of the Scheduled Castes was declaration made
for the purposes of the Constitution. It was
declaration enjoined by clause (1) of Article
341 of the Constitution.” The Apex Court in
para 8 of the judgment thus, observed that, “it
is therefore, not possible to say that President
acted arbitrarily in the exercise of his judgment
in enacting paragraph 3 of the Constitution
(Scheduled Castes) Order, 1950.”
13. The Constitution (Scheduled Castes) Order
enlists those communities, which are eligible
for getting benefits as Scheduled Castes. Under
Article 341 the criteria followed for identification
of communities is their extreme form of social
and educational backwardness arising due
to age-old practice of untouchability. Article
15(4) of the Constitution provides “Nothing in
this Article or in clause (2) of Article 29 shall
prevent the State from making any special
provision for the advancement of any socially
and educationally backward classes of citizens
or for the Scheduled Castes and the Scheduled
Tribes”. Thus, the State is empowered by the
161
Constitution to make special provision for
Scheduled Castes and Scheduled Tribes in
addition to the backward classes. In this
context, it is relevant that Article 341 should
be read harmoniously with Article 15(4) of
the Constitution, which makes it clear that
communities identified under Article 341 are
a separate class of people belonging to Hindu
religion who are given special protection by the
State on account of discriminations they have
suffered for hundreds of years.
14. This is also sustained by the debate in
Constituent Assembly which recognised “That
the Scheduled Castes were a backward section
of the society who were handicapped by the
practice of untouchability” and that “This evil
practice of untouchability was not recognised
by any other religion” i.e. other than Hindu. It
is apparent that the Constitution (SC) Order,
1950 relates to castes of Hindu religion. The
Constitution (Scheduled Castes) Order, 1950 is
not an exhaustive list of all socially backward
classes in India nor is it intended to be so. It only
relates to the Castes discriminated within the
Hindu religious system. The Constitution (SC)
Order, 1950 is thus not discriminatory or violative
of Articles 14, 15, 16 & 25 of the Constitution nor
is it ultra vires of the Constitution as it provides
for a special category i.e. the Scheduled Castes
who have been given a special status under the
Constitution.
15. Article 341 of the Constitution does not
intend that all socially and economically
backward classes be included in it; nor does the
Constitution limit measures such as reservations
to Scheduled Castes and Scheduled Tribes. The
protection provided by Article 16(4) is intended
to cover all backward classes and is wider in
scope than Article 341. The categories included
under Scheduled Castes are so included for
certain historical reasons that are applicable to
that particular class.
16. It may further be pointed out that including
all socially or economically backward classes,
irrespective of religion, in paragraph 3 of the
1950 Order would be tantamount to a failure to
recognise the specific historical discrimination
suffered by those classes included in Scheduled
Castes. Inclusion of all backward classes in the
1950 Order would constitute a discrimination
against Scheduled Castes by treating the
experience of all sections of backward classes
as similar to the historical discrimination faced
by Scheduled Castes in India.
The Constitution (SC) Order, 1950 is thus
neither unconstitutional nor ultra-vires of the
Constitution nor it is violative of any fundamental
right guaranteed by the Constitution.
Conferment of Scheduled Castes
Status on Scheduled Cast Converts
to Christianity and Islam
17. The principal arguments of the section
demanding Scheduled Caste status for
persons of Scheduled Caste origin converted
to Christianity or Islam, both as per Writ
Petitions and arguments made available to
the Commission, are primarily two. First, that
such converts continue to face discrimination,
disabilities and handicaps, as also social,
educational and economic backwardness, as
their Hindu counterparts, notwithstanding
their conversion, whether voluntarily or
otherwise, to Christianity or Islam. While they
concede that the tenets of Christianity or Islam
do not sanctify or even recognise caste system
or any disability including untouchability
arising there-from, they also contend that the
ground reality is totally different, basically for
the reason that despite the conversion, these
people continue to be part and parcel of the
Indian society which is still largely caste based.
Such converts face discrimination not only by
upper caste Hindus and the better off sections
within the Christian or Muslim community, but
also by Christian or Muslim religious institutions
like the Church, Mosque, Cemetery and their
clergies. The second important argument is that,
given the situation that persons of Scheduled
Caste origin converted to Christianity or
Islam continue to be subjected to caste based
disabilities and discriminations, the distinction
made by the Constitution (Scheduled Castes)
Dissent Note on Conferment of Scheduled Caste Status on SC Converts to Christianity and Islam
Report of the National Commission for Religious and Linguistic Minorities
162
Order 1950 between followers of Hindu, Sikh
or the Buddhist religions on the one hand and
Christianity and Islam on the other hand are
alleged to be discriminatory and violative of
fundamental rights guaranteed by Articles 14,
15, 16 and 25 of the Constitution.
18. Viewed in this background the eligibility of
Christians and Muslims for inclusion in SC list
is examined below:
(i) Admitting, for arguments sake, that persons
of scheduled caste origin converted to
Islam/ Christianity face discrimination
within their own community, a pertinent
question that needs to be answered
is whether the discrimination or the
disabilities/handicaps arising there from
is comparable in their oppressive severity
to the discrimination faced by depressed
classes in Hindu religion. Separate
enclosures in prayer halls of Churches or in
burial grounds or the reluctance on the part
of certain sections within their community
to socialise with converts, though
reprehensible, do not appear to match the
oppression and consequential disability
that has to be braided by depressed classes
or untouchables in Hindu religion. There is
also no documented research and precise
authenticated information available to
establish that the disabilities and handicaps
suffered by Scheduled Caste members in
the social order of its origin (Hinduism)
persists with their oppressive severity in
the environment of Christianity/Islam.
However, studies conducted by Rev. Samuel
Mateer a British Missionary in Kerala
and Tamil Nadu (i.e. erstwhile Princely
State of Travancore. Cochin and Madras
Presidency) during his stay of over 25 years
in India, and published in the form of two
books titled “Land of Charity” and “Native
Life in Travancore” in 1870 and 1883,
respectively, show that the “slave caste” (the
present Scheduled Castes) converted to
Christianity in these States became socially,
educationally and economically in a better
position than their brethrens who remained
in Hinduism.
(ii) Incidentally, available social indicators in
regard to Christians (separate figures for
persons of Scheduled Caste origin converted
to Christianity is not available) reveal that in
terms of literacy and education levels, work
participation rate, etc. Christians are way
ahead of other major religious groups (other
than Jains) like Hindus, Muslims, Sikhs or
Buddhists. For example, as per 2001 census,
the literacy rate for Christians is 80.3 percent
against 65.1 percent for Hindu 59.1 percent
for Muslims, 69.4 percent for Sikhs, 72.7
percent for Buddhists and 64.8 percent for
all religions. This lead holds good both for
males and females. In the case of Scheduled
Castes the literacy rate is 54.60 percent and
work participation rate is 42.9 percent. The
work participation rate for Christians at
39.7 percent is the highest among religious
communities after Buddhist (40.6%)
and Hindus (40.4%). However, the work
participation rate in respect of females in
Christian community (28.7%) is the second
highest after female Buddhists (31.7%) and
ahead of Hindu (27.5%), Muslims (14.1%)
and Sikhs (20.2%). Literacy rate of Muslims
at 59.1 percent is lower than the all India
average (64.8%) though higher than that of
Scheduled Castes. However, upto the primary
education level, the percentage of Muslims
is highest at 66.31 percent as compared
to Hindus 54.91 percent, Christians 45.79
percent, Sikhs 46.70 percent Buddhist 54.69
percent and Jains 29.51 percent. The above
indicators are pointers to the fact that in
terms of important indices like literacy and
work participation, Christians are somewhat
better off compared to their counterparts
in other religions while Muslims are by and
large comparable.
(iii) Both Islam and Christianity do not accept
‘caste system’ which is a basic feature of
Hinduism. It may also be mentioned that
discrimination on the grounds of caste/
untouchability within a religious community
that does not recognise, much less sanctify,
caste system calls for internal reforms
within the religion and community-based
interventions rather that governmental
163
intervention for inducting them into the
caste system from which they chose to
move to an egalitarian religion.
(iv) Granting Scheduled Caste status to such
converts by the Government may amount
to formal introduction of caste system in
Islam/Christianity and changing the basic
tenets of the religion, which will be outside
the jurisdiction of both the Parliament and
the Judiciary.
(v) In Soosai etc. vs. Union of India, the petition
was disposed of by the Court on technicality
rather than merit. The Court did not go into
the question whether a person of scheduled
caste origin converted to Christianity was
entitled to the benefits/protection available
under the Constitution to Scheduled Castes
if such a person continued to be subjected to
untouchability related practices despite the
conversion. The petition was dismissed for
the reason that no authoritative or detailed
study dealing with the condition of persons
converted to Christianity was placed on
record.
(vi) Even though those who profess Christianity
or Islam were never treated as Scheduled
Caste in British India or in India after
independence, efforts have been made
from time to time to seek conferment
of Scheduled Caste status on persons
of Scheduled Caste origin professing
Christianity. Private Members Bill had
been moved more than once. The National
Convention of the Parliamentary Forum of
the Scheduled Caste/Scheduled Tribes in
1992 also passed a resolution for extending
reservation facility to persons of Scheduled
Caste origin to Christianity. Constitution
(Scheduled Caste) Order (Amendment
Bill) was also prepared in 1996 though
never introduced. The views of the various
Central Ministries/Departments and State
Governments were obtained in this regard.
They drew attention to the debate of the
Constituent Assembly and pointed out the
need for determining the precise number
of persons who would be covered. The
absence of any suggestion on the cut off
date for determining who would benefit
was also pointed out. It was also mentioned
by several States and Commissions that
there was no justification for including
Scheduled Caste converts to Christianity in
the Scheduled Castes list. There would be
enormous difficulty in identification of the
original caste in the absence of authentic
records. Besides, their representation in
services was adequate and that they were
already getting the benefits of reservation
etc. as OBCs.
(vii) The Protection of Civil Rights Act of 1955
is a religion neutral Act. It is applicable to
all “religions and religious denominations
throughout India”* Hence, the argument
put forth by the petitioners that the benefits
under the Act are not available to Christians
and Muslims is not based on factual
information. The SC/ST (Prevention of
Atrocities) Act, 1989 is, however, specific to
these two categories only.
(viii) Both Islam and Christianity are religions,
which originated out side India. These
came from foreign lands to India along
with traders, invaders and preachers/
missionaries over a period of time spanning
hundreds of years and firmly established
themselves as more and more indigenous
people converted from their religion to
Islam/ Christianity. Both are religions that
do not recognise caste. It may be extremely
difficult to hazard a guess about the number
of the progeny of such traders/ invaders/
preachers/settlers from foreign lands and
Scheduled Castes who converted in the
present population of Muslims/Christians
in India. What can, however, be said
with an element of certainty is that a vast
majority of Muslims and Christians in India
today comprise of the converts and their
progeny. If this hypothesis is accepted, the
identification of such Muslims/ Christians
who were originally of SC origin will pose
many problems as no authentic records
have been maintained.
(ix) Any procedure adopted to identify the
*Report of the Committee on Untouchability p.7.
Dissent Note on Conferment of Scheduled Caste Status on SC Converts to Christianity and Islam
Report of the National Commission for Religious and Linguistic Minorities
164
SC converts to Christianity and Islam at
this stage even if a cut off date is fixed is
bound to produce innumerable problems
that will hazard rational and equitable
decision for identifying those truly eligible.
The chances of abuse and of the ineligible
siphoning benefits at the cost of deserving
are tremendous. Even for the Castes that
are listed there is enough evidence that
false certificates are being obtained. In fact,
what is necessary is to ensure equitable
treatment to converts from Hinduism or
any other religion to another who continue
to be socially and economically backward,
for protection and access to services for
their socio-economic upliftment. Uniform
law for dealing with untouchability already
exists. PCR Act is applicable to all.
(x) It may be difficult to fault the rationale
adopted during British rule, and continued
after independence, behind identification
of depressed classes/scheduled castes
on the basis of untouchability related
disabilities which were peculiar to the
Hindu society, arising from a highly rigid
caste system. As already mentioned, the
SC Order of 1936 was based on ‘caste’
and its application to the Hindu religion
is apparent from the fact that paragraph
3 of the order issued on 30th April,
1936 provides clearly that “No Indian
Christian shall be deemed to be member
of a Scheduled Caste”. The Constitution
(Scheduled Castes) Order, 1950 was
based on the Constitution (SC) Order of
1936 and adopted the same criteria for
identification of castes i.e. practices and
prejudices arising from untouchability
that had plagued Hindu society for
centuries and had resulted in the social,
educational and economic backwardness
of the castes enlisted. The 1956 and
1990 amendments to the Constitution
(Scheduled Castes) Order 1950 have been
justified on the ground that Sikh and
Buddhist religions were primarily homegrown
sects within Hindu religion rather
than being independent religions in the
nature of Christianity or Islam. Besides
they draw support from Explanation II
below Article 25 of the Constitution which
provides that reference to Hindu in subclause(
b) of clause(2) of Article 25 shall
be construed as including a reference
to persons professing the Sikh, Jain or
Buddhist religion.
(xi) The positive discrimination on the ground
of social and economic backwardness
arising out of untouchability was granted
to certain castes professing Hinduism with
the objective of achieving the constitutional
guarantee of equality. And hence the
provision of Article 15(4). In pursuance of
the special status of the Scheduled Castes as
a first step, untouchability was abolished by
Article 17 of the Constitution and its practice
in any form forbidden. Enforcement of any
disability arising out of untouchability was
an offence punishable under the Protection
of Civil Rights Act of 1955. After 50 years of
effort to eradicate untouchability to enlarge
the list of the untouchables would bring to
naught all initiatives taken so far to change
the age old social structure. It would in fact
be a retrograde step not in keeping with
the constitutional commitment of nondiscrimination.
(xii) The rigidities and severities of the traditional
Caste structure and discrimination which
were a part and parcel of the Hindu Caste
system have changed substantially. The
Caste distinctions have eroded and the
behaviour towards Scheduled Castes has
undergone a tremendous change. Caste
distinctions have largely transformed
into class distinctions specially in urban
and semi-urban areas. There is adequate
evidence to establish this through various
socio – economic studies. In the case of
Christians and Muslims the discrimination
reported is within the community itself.
Separate enclosures in Churches for
“Dalits” or separate Cemeteries – are
issues to be addressed primarily by the
religious leaders through reform within
their system and through welfare and legal
measures and not by introducing Caste
system into religions that do not recognise
165
it. In the last 60 years the effort has
been towards eradicating the practice of
‘untouchability’ and Caste distinctions and
discriminations existing with in the Hindu
religion. There is, therefore no justification
for incorporating this abominable and
discriminatory practice into other religions,
notwithstanding that the religious tenets of
both Christianity and Islam do not permit
it, and notwithstanding the fact that the
very competence of the State – executive,
Parliament or even judiciary – to introduce
‘caste’ into religions that profess egalitarian
regime is questionable.
(xiii) There is enough evidence to establish
that ‘untouchability’ is on the decline. The
Annual Report of the Government of India,
Ministry of Social Justice & Empowerment,
laid on the Table of the Lok Sabha and the
Rajya Sabha on 25.11.05 and 28.11.05,
respectively, on the Protection of Civil
Rights Act, 1955 for the year 2003 reveals
that during 2003 only 651 cases were
registered in the country in 12 States. Out of
these, 495 (76.04%) cases were registered in
Andhra Pradesh alone, followed by 69 cases
in Karnataka, 39 in Maharashtra and 17
each in Madhya Pradesh and Puducherry.
The number of cases registered in
Jharkhand(4), Tamil Nadu(3), Kerala(2),
Orissa(2), Chandigarh(1), Gujarat(1) and
Himachal Pradesh(1) varied between one
to less than five. In all other States/Union
territories, viz, Assam, Arunachal Pradesh,
Bihar, Chhatisgarh, Goa, Haryana, Jammu
& Kashmir, Manipur, Meghalaya, Mizoram,
Nagaland, Punjab, Rajasthan, Sikkim,
Tripura, Uttar Pradesh, Uttarakhand, West
Bengal, Andaman & Nicobar Islands, Dadra
& Nagar Haveli, Daman & Diu, Lakshadweep
and NCT of Delhi, no case was registered
under the Act. Compared to this, the
average yearly number of cases registered
under the Act during first half of 1980s
was in the region of 4000 which declined
to 2493 in 1991-92, 1581 in 1992-93, 1387
in 1993-94 and 982 in 1994-95. Admitting
that like offences under numerous other
statutes including the Indian Penal Code, a
large number of offences committed under
the Protection of Civil Rights Act, 1955 are
either not reported or, if reported, are not
registered, the number of registered cases in
relation to the scheduled caste population
of the country is an indicator of the fact that
the incidents of untouchability, outlawed
and punishable, have become more of an
exception rather than the rule. 57 years
of Government’s and society’s crusade
against untouchability, increase in the level
of education and awareness of the people
boosted by nearly all pervasive reach of
print and electronic media, assertiveness
by scheduled castes of their own status
and rights, etc. had a definite impact on
people’s thinking and behaviour pattern in
regard to untouchability. Social change has
impacted on the Caste structures with the
result the rigidities of the system and the
severities of the practice have been diluted.
It is necessary to prune the list of Scheduled
Castes on the basis of comprehensive
surveys so that the benefit of positive action
in favour of Scheduled Castes percolates
to the people who deserve it the most and
is not cornered by the elite amongst the
Scheduled Castes.
(xiv) The prevalence of untouchability in
the country and within the Hindu caste
structure has vastly changed over the
last 60 years. The access to services and
facilities in the country is available to
all irrespective of caste and religion and
wherever discrimination is practiced, a
system of dealing with, and of corrective
measures has been provided. In the recent
past, there have been occasions when the
higher caste or the so-called higher castes
have come forward to permit free entry
to all SC’s in temples where they were not
allowed earlier. It may not be out of place
to mention that services and facilities are
provided on equal terms to those following
vocations which are pollution based e.g.
manual scavengers and others engaged
in unclean operations irrespective of their
religious or caste affiliations.
(xv) The views expressed by the State
Dissent Note on Conferment of Scheduled Caste Status on SC Converts to Christianity and Islam
Report of the National Commission for Religious and Linguistic Minorities
166
Governments, Chief Ministers, other
political heads, institutional heads and
NGOs have an important bearing on whether
or not the status of Scheduled Caste should
be granted to Scheduled Castes converts to
Christianity and Islam. Out of total of 35
States, only seven states have concurred
with the proposal, five have opposed the
inclusion and 10 have given no comments.
Others have not yet formulated their views.
Many Scheduled Caste organisations have
opposed the grant of Scheduled Caste status
to Scheduled Caste converts to Christianity
and Islam on the grounds of their having
embraced religions other than Hinduism
only because of the discrimination faced
by them on account of untouchability.
Similarly, Buddhist organisations in several
States represented that the Buddhists should
not be included in the Scheduled Caste
lists because they adopted or embraced
Buddhism only because of the strong hold
of the Caste system in Hinduism and the
discriminatory practices against them.
Representatives of Muslim Organisation
in several States were vociferous in stating
that Muslims cannot be termed “Scheduled
Castes” but should be included in OBCs and
given benefits.
(xvi) In view of the foregoing, the demand for
grant of Scheduled Caste status per se is
unjustified. However, the reasons for the
demand merit consideration and call for
action for ensuring special facilities and
dispensations if atrocities or discriminations
on the basis of untouchability arising out of
vocation are found to be practiced against
them. It may be reiterated that the PCR
Act is not religion based and is available
to followers of all religions. Opportunities
for better education, employment etc.
need to be ensured where needed and
the discriminatory practices redressed
through administrative, legal welfare
and developmental measures and not by
inclusion in the Scheduled Caste list on
the plea that caste continues even after
conversion even though the adopted
religion does not permit it.
(xvii) During the workshop held on “Social
Economic and Educational status of Muslims:
Problems and Policy options” organised
by the Commission in collaboration with
Indian Institute of Public Administration
the Muslim scholars opined that there are
three globally accepted determinants of
socio-economic backwardness, namely
child mortality, degree of urbanisation and
the average life expectancy at birth. As far as
the Muslim community is concerned, they
are ahead of the majority community in this
regard In the circumstances, they were of the
view that the frequent attempts to provide
religion –based reservations to Muslims
cannot be justified either constitutionally or
ethically. They were also of the opinion that
non-acceptance of small family norm and
abysmally low female work participation
are responsible for relatively lower per
capita income of the Muslim community.
Both of these are controlled by the powerful
clergy of the community. No amount of
reservations can cure this situation. The
solution lies in rescuing the community
from clutches of fundamentalist scholars
and Mullahs. Therefore, the Constitution
should be amended to introduce affirmative
action programmes for those minorities,
which are educationally backward and
under represented in legislative bodies and
civil services. They also suggested that a
common civil code should be formulated.
(xviii) The Scheduled Castes Organisations
have also been demanding that if despite
their request the Scheduled Caste status is
given to converts to Christianity and Islam,
this should not be at their cost i.e. it should
not affect the reservation quota and other
privileges/benefits available to them.
(xix) The solution lies not in expanding the list
of castes and numbers for inclusion in the
SC list. In fact a fresh assessment of the lists
of SC persons is a dire necessity to identify
those who still remain below pollution levels.
After almost 60 years of concerted efforts,
we need to move towards removing all
differences as prescribed in the Constitution
on the basis of religion, Caste, creed, class,
167
etc. and evolving a uniform methodology
for identifying the socially and economically
backward in the country so that benefits
from services, programmes and policies and
legal and other protections against abuse
or exploitation are provided on an equal
basis without any discrimination to the
deprived and/or socially and economically
backward.
(xx) In this context, it may not be out of place
to mention that the inclusion of caste
in the Government of India (Scheduled
castes) Order 1936 itself was not based on
any authoritative data. No extensive survey
of prevalence of untouchability related
practices was undertaken. On the contrary,
it was largely based on impressions, though
painstakingly gathered. The same can be
said about the Constitution (Scheduled
Castes) Order 1950, which was based on the
1936 Order. Inclusion of castes from time
to time in the schedule to the Order, too, is
not based on any survey. All this adds to
a high probability of subjectivity and / or
political considerations in the identification
of scheduled castes notwithstanding
that amendment/modification of a
State specific schedule, after its initial
notification by the executive, requires
legislation by Parliament. However,
in view of the fact that untouchability,
which was the sole basis for identification
of a class as Scheduled Caste, has been
abolished by the Constitution and has
been outlawed by a Parliamentary Statute
and there has been a sea change in the
attitude and perceptions of the society in
post Independent India consistent with
increased education and awareness, there
should be no further inclusion in the list of
Scheduled Castes. Instead, the emphasis
should be on exclusion of all castes from
the list and preparation of a comprehensive
list of socially and economically backward
on criteria based on social and economic
status. Many members of the Scheduled
Castes have freed themselves from the
pernicious yoke of untouchability and
resultant disabilities in the last 60 years
due to initiatives taken through positive
discrimination in their favour as also the
social change resulting from economic
development and globalisation.
(xxi) The concept of identifying a caste or
community as backward caste or scheduled
caste has now become archaic and has
created a vested interest in backwardness.
After nearly sixty years of planned
development and affirmative action in
favour of backwards and Scheduled Castes,
there does not possibly exist a single Caste
or class of which every single constituent
is backward. Admitting that social and
economic emancipation is a long drawn
process which has been further extended by
an inefficient and often incorrect delivery
system, a sizeable section in each caste has
reaped the advantages of developmental
schemes and positive action. They must
make way for more deserving ones, more so
because of severe constraints on resources.
Therefore, there is a need for a fundamental
change in the policies and programmes
where under every individual, regardless
of his religion, caste, creed etc. qualifies for
positive discrimination in his/her favour
on social, educational and economic
parameters. Under the new dispensation
the caste, class and religion need to be
replaced by the family/household as a unit
for the purpose of eligibility for positive
discrimination to be elbowed out as soon as
the family reaches the prescribed threshold
of social, educational and economic status.
There is no alternative to targeting the
socially and economically backward and
poor except by identifying them individually
and as a household. We must recognise
that the smallest minority is the individual
who is socially and economically poor and
marginalised and the social and economic
advancement of each of the backwards holds
the key to nation’s economic prosperity
and social equality and justice. List of SEB
families should be prepared on the basis of
a universal survey and for those continuing
to follow vocations considered ‘pollution
based’ should be prepared and time bound
Dissent Note on Conferment of Scheduled Caste Status on SC Converts to Christianity and Islam
Report of the National Commission for Religious and Linguistic Minorities
168
programmes undertaken for rehabilitation
– in alternate jobs and by changing the
nature of jobs by improvements through
technology in traditional occupations.
Until such a mechanism/system is devised
and established the concept of exclusion
of ‘creamy layer’ from the benefits meant
for Scheduled Castes and Scheduled
Tribes should be introduced as an interim
measure, as has been done in the case
of backward classes for the purpose of
employment under the state so that those
who have benefited from the system and
interventions do not deprive the eligible
from reaping the benefits.
19. There are 2 other issues on which the
Commission’s views have been sought with
reference to the Constitution (SC) Order of
1950. They relate to 50 percent reservation
and the modalities for inclusion. With regard
to the ceiling of 50 percent in reservation the
Hon’ble Supreme Court has already decided
in the case of Indira Sawhney and Others Vs
Union of India that the ceiling of 50 percent
on reservations will continue. Since Scheduled
Caste converts to Christianity and Islam are not
to be included in the list of Scheduled Castes,
no change in the ceiling merits consideration
at this stage. Similarly, no change in modalities
is called for.
20. In view of the preceding discussion with
reference to the issues mentioned in para 3 of
the note my views are as follows:
(i) There is no justification for inclusion of SC
converts to Christianity or SC converts to
Islam as Scheduled Castes.
(ii) The Constitution (SC) Order 1950 issued
under Article 341 of the Constitution read
with Article 15(4) is religion based. Therefore,
the condition of ‘religion’ from para 3
of the order should not be deleted.
(iii) The ceiling of 50 percent of reservation
should continue as has been adjudicated by
the Supreme Court.
(iv) As SC converts to Christianity/Islam do not
qualify for inclusion as SCs, they should
continue to form part of OBCs and avail
of facilities and reservations given to the
OBCs until a comprehensive list of SEB’s is
prepared.
(Asha Das)
Member Secretary
169
A Note on Member-Secretary’s Dissent Note
Written by NCRLM Member Dr Tahir Mahmood and fully endorsed by the
Chairman Justice RN Misra & Members Dr Anil Wilson and Dr Mohinder Singh
We had a last-minute chance to see the
Member-Secretary’s Dissent Note. We are
not sure of the propriety of this Dissent Note
against the unanimous recommendations
of the rest of the Commission [as membersecretaries
of commissions are generally not
members in their own independent capacity
but ex officio members by virtue of their
administrative position], but yet we have not
raised any objection to it. However, we would
like to clarify as follows :
(a) The recommendations made by us under
our additional Term of Reference have been
guided by its own wording and by the thrust of
the pending court cases on this issue which it
refers to. We have not been concerned about
what any officer of the Commission’s Nodal
Ministry may have written in this respect to
the Member-Secretary.
(b) We have found no indication whatsoever
in the Constitution – either in Article
341 or elsewhere – of an intention that
Scheduled Castes must remain confined
to any particular religion or religions.
Article 341 only empowers the President
(read Central Government) to issue the
initial lists of Scheduled Castes and the
Parliament to amend such lists later. It does
not even remotely create any caste-religion
link in respect of Scheduled Castes. Such
a link was created – unwarrantedly in our
opinion – by executive action while issuing
the Constitution (Scheduled Castes) Order
1950. And we have recommended removal
of this link by legislative action in terms of
Article 341.
(c) We strongly refute the contention that
Article 25 of the Constitution supports
the view that the Sikh, Buddhist and Jain
faiths are to be regarded as off-shoots of the
Hindu religion – in our considered opinion
this view is clearly based on a misreading of
that Article and conflicts with the letter and
spirit of the Constitution. Accordingly, we
refute the claim that it was because of this
intrinsic “support” from the Constitution
that the Scheduled Castes Order 1950 could
be amended to include Sikhs and Buddhists
among the Scheduled Castes.
(d) We cannot understand that if according to any
indication in the Constitution Sikh, Buddhist
and Jain faiths were akin to Hinduism, why
did the Constitution (Scheduled Castes)
Order 1950 initially declare that no non-
Hindu could be a Scheduled Caste – thus
excluding even the Sikhs, Buddhists and
Jains? Why it took the Sikhs six long years
and the Buddhists another fourteen years
(20 years in all since 1950) to get themselves
included in the Scheduled Castes net? And
why are the Jains even now excluded from it?
It seems that the Scheduled Castes net was
initially restricted to Hindus for some supra-
Constitutional reasons and seeking support
from the Constitution for later extending it to
the Sikhs and Buddhists was an afterthought
– which, however, is wholly repugnant to the
letter and spirit of the Constitution.
(e) The statement made in the Dissent Note that
“Sikh and Buddhist religions were primarily
home-grown sects within Hindu religion
rather than being independent religions”
is deplorable as it offends the religious
sensitivities of the Sikh and Buddhist
citizens of India who have always regarded
their faiths as “independent religions.”
(f) Equally deplorable is the volatile attempt
made in the Dissent Note to place “religions
which originated outside India” on a footing
different from those born in India. As it
introduces an absolutely un-Constitutional
distinction between the two self-created
categories of religions prevailing in India, we
denounce it in the strongest possible terms.
(g) Para 3 of the Constitution (Scheduled
Castes) Order 1950 does not at all speak of
A Note on Member-Secretary’s Dissent Note
Report of the National Commission for Religious and Linguistic Minorities
170
Scheduled Castes converting to Christianity
or Islam. That a Scheduled Caste Hindu,
Sikh or Buddhist on converting to any other
religion must lose his Scheduled Caste
status is only a secondary effect of the said
Para 3. Its main and more serious effect is
that those sharing even by birth the same
castes as are listed as Scheduled Castes are
excluded from the net only because they
are not Hindu, Sikh or Buddhist. In our
opinion, this effect of Para 3 conflicts with
the Constitutional guarantees of equality
of status and opportunity and no religionbased
discrimination and, therefore, we
have recommended its repeal.
(h) The Fundamental Rights of the citizens
enshrined in the Constitution are the supreme
and overriding part of the Constitution – and
this part does insist on complete equality
of citizens without any discrimination
whatsoever on religious grounds. The origin
of the caste system in a particular religion
in the distant past, the egalitarianism of
some other faith traditions in their original
unadulterated form, and other similar
things, fondly talked about in the Dissent
Note cannot be accepted as factors that can
be allowed to prevail over the Constitution’s
unconditional emphasis on the equality of
citizens and non-discrimination between
the followers of various religions among the
citizens of India.
For the reasons mentioned above we reject
the contentions made in the Dissent Note
and firmly stand by every word of the
recommendations we have made under this
Term of Reference.
Appendix
171
Appendix
Report of the National Commission for Religious and Linguistic Minorities
172
Appendix
173
Appendix: 1
Ministry of Social Justice and Empowerment
(Minorities Division)
Resolution
New Delhi, the 29th October, 2004
No. 1-11/2004-MC (D) - Whereas the Government of India has been seized of the welfare needs of
socially and economically backward sections among religious and linguistic minorities;
2. And whereas a detailed examination would be required to determine the criteria for identifications
of socially and economically backward sections among religious and linguistic minorities and
to suggest measures for their welfare;
3. Now, therefore, the Government of India has resolved to constitute a National Commission for a
period of 6 months from the date of appointment of the Chairperson to recommend measures
for welfare of socially and economically backward sections among religious and linguistic
minorities;
4. The Terms of Reference of the National Commission are as follows:
(a) to suggest criteria for identification of socially and economically backward sections among
religious and linguistic minorities;
(b) to recommend measures for welfare of socially and economically backward sections among
religious and linguistic minorities, including reservation in education and government
employment;
(c) to suggest the necessary constitutional, legal and administrative modalities, as required
for the implementation of their recommendations; and to present a Report of their
deliberations and recommendations.
5. The Commission shall consist of a Chairperson, 3 Members and a Member-Secretary. The
Chairperson and Members will be persons of ability, who should have knowledge of socioeconomic
problems of religious and linguistic minorities. One of the Members should be an
expert in legal and constitutional matters. The Member-Secretary should have administrative
experience.
TEXTS OF THE GOVERNMENT RESOLUTIONS AND
NOTIFICATIONS
Appendix: 1.1
Report of the National Commission for Religious and Linguistic Minorities
174
6. The Commission shall obtain such information, as it may deem necessary or relevant to the
subject matter from any authority, organization or individual.
7. The Commission may adopt its own procedure of working and may visit any part of India as and
when considered necessary.
8. The Headquarters of the Commission shall be in New Delhi
9. The Commission shall submit its Report within a period of six months.
SWAPNA RAY, Jt. Secy.
Appendix
175
( To be Published in Part I, Section I of the Gazette of India: Extra Ordinary)
Government of India
Ministry of Social Justice and Empowerment
New Delhi, dated the 15th March, 2005
Notification
F.No. 1/11/2004-MC(D)- The Government of India has notified the setting up of a National
Commission for socially and economically backward sections among the religious and linguistic
Minorities vide Resolution of even no. dated 29th October, 2004. The Commission would suggest
criteria for the identification of and recommend measures for the welfare of the socially and
economically backward sections among the religious and linguistic Minorities, including reservation
in education and Government employment. It would also suggest the necessar y constitutional,
legal and administrative modalities, as required for the implementation of their recommendations
and present a Report of their deliberations and recommendations. Therefore, the Government of
India hereby appoints the following as Chairperson and Members of the National Commission for
socially and economically backward sections among religious and linguistic Minorities:
(1) Justice Ranganath Misra Chairperson
Former Chief Justice,
Supreme Court of India,
& former Member of Parliament (Rajya Sabha),
Tulsipur, Cuttack - 753 008.
(2) Professor (Dr.) Tahir Mahmood Member
Former Chairperson,
National Commission for Minorities,
B-113, Triveni Apartments,
Sheikh Sarai-I, New Delhi - 110 017.
(3) Dr. Anil Wilson, Member
Principal,
St. Stephen's College,
Delhi - 110 007
(4) Dr. Mohinder Singh, Member
Director,
National Institute of Punjab Studies,
Bhai Vir Singh Sahitya Sadan,
Bhai Vir Singh Marg,
Gole Market, New Delhi - 110 001.
Appendix: 1.2
Report of the National Commission for Religious and Linguistic Minorities
176
2. The tenure of their appointments will be for six months with effect from the date of assumption
of charge of the Chairperson.
Sd/-
(Dr. G. Prasanna Kumar)
Joint Secretary to the Govt. of India
Copy along with copy of the above referred Resolution forwarded to:
1. Justice Ranganath Misra, Former Chief Justice, Supreme Court of India & former Member of
Parliament (Rajya Sabha), Tulsipur, Cuttack - 753 008.
2. Professor (Dr.) Tahir Mahmood, Former Chairperson, National Commission for Minorities, B-
113, Triveni Apartments, Sheikh Sarai -I, New Delhi - 110 017
3. Dr. Anil Wilson, Principal, St. Stephen's College, Delhi - 110 007
4. Dr. Mohinder Singh, Director, National Institute of Punjab Studies, Bhai Vir Singh Sahitya Sadan,
Bhai Vir Singh Marg, Gole Market, New Delhi - 110 001.
5. Prime Minister's Office (Shri Pulok Chatterji, Joint Secretary), South Block, New Delhi.
6. Cabinet Secretariat (Smt. Vandana Jena, Joint Secretary), Rashtrapati Bhawan, New Delhi.
7. PS to Minister (SJ&E)/PS to MOS (SJ&E)/Sr. PPS to Secy. (SJ&E)/PPS to AS(SJ&E)/PSs to all JSs.
8. All other Ministries/Departments of the Govt. of India.
9. Pay & Accounts Office, M/o of SJ&E, Shastri Bhawan, New Delhi.
10. B&C/Genl./Estt./Facilitation Centre/Information Officer, PIB.
Sd/-
(U.S. Kumawat)
Deputy Secretary to the Govt. of India
Appendix
177
(To be Published in Part I, Section 1, of the Gazette of India : Extra Ordinary)
Government of India
Ministry of Social Justice and Empowerment
New Delhi, dated the 10th May, 2005.
Notification
F. No. 1/11/2004-MC(D)-The Government of India has notified the setting up of a National
Commission for socially and economically backward sections among the religious and linguistic
Minorities vide Resolution of even no. dated 29th October 2004. The Commission would suggest
criteria for the identification of and recommend measures for the welfare of the socially and
economically backward sections among the religious and linguistic Minorities, including reservation
in education and Government employment. It would also suggest the necessary constitutional,
legal and administrative modalities, as required for the implementation of their recommendations
and present a Report of their deliberations and recommendations.
2. The Government of India hereby appoints Smt. Asha Das, formerly Secretary, Govt. of India, D-
297, Sarvodaya Enclave, New Delhi-110017, as Member Secretary of the National Commission
for Socially and Economically Backward sections among Religious and Linguistic Minorities,
with immediate effect.
3. The tenure of the appointment will be upto 20.09.2005.
Sd/-
(U.S. Kumawat)
Deputy Secretary to the Govt. of India
Copy to:
1. Smt. Asha Das, D-297, Sarvodaya Enclave, New Delhi-110017.
2. Chairperson, NCRLM, Jawahar Lal Nehru Stadium, Gate No. 30, New Delhi
3. Members of NCRLM, JNU Stadium, Gate No. 30, New Delhi.
4. Prime Minister's Office (Shri Pulok Chatterji, Joint Secretary), South Block, New Delhi.
5. Cabinet Secretariat, (Smt. Vandana Jena, Joint Secretary), Rashtrapati Bhawan, New Delhi.
6. PS to Minister (SJ&E)/PS TO MOS (SJ&E)/ Sr. PPS to Secy. (SJ&E)/PPS to AS (SJ&E)/ PSs to JSs.
7. Pay & Accounts Office, M/O SJ&E, Shastri Bhawan, New Delhi.
8. B&C/Genl./Estt./Facilitation Centre/Information Officer. PIB.
Sd/-
(U.S. Kumawat)
Deputy Secretary to the Govt. of India
Tele. 2376 5013
Appendix: 1.3
Report of the National Commission for Religious and Linguistic Minorities
178
(To be Published in the Gazette of India, Extra Ordinary, Part -i, Section -i)
No. 14/6/2005-MC
Government of India
Ministry of Social Justice and Empowerment
New Delhi, dated the 28th September, 2005
Notification
The Government of India have resolved to expand the terms of reference of the National Commission
for Religious and Linguistic Minorities, constituted vide Resolution No. 1-11/2004/MC(D) dated the
29th October, 2004 to add the following clause to its terms of reference as follows:
(d)-"to give its recommendations on the issues raised in W.P. 180/04 and 94/05 filed in the Supreme
Court and in certain High Courts relating to para 3 of the Constitution (Scheduled Castes) Order,
1950, in the context of ceiling of 50% on reservations as also the modalities of inclusion in the list of
Scheduled Castes."
Sd/-
(Dr. G. Prasanna Kumar)
Joint Secretary to the Government of
India
Tel. No. 2376 5005
To
The Manager,
Govt. of India Press,
Mayapuri,
New Delhi
Copy to:
1. Member Secretary, National Commission for Religious and Linguistic Minorities.
2. President's Sectt./PMO/Cabinet Sectt.
3. PS to Minister (SJ&E)/PS to MOS (SJ&E)
4. Sr. PPS to Secretary (SJ&E)/PPS to AS (SJ&E)
5. PS to all JSs/FA
6. All Officers in the Ministry of Social Justice & Empowerment
7. PAO/B&C/Genl/Estt
8. Notification Folder
Appendix: 1.4
Appendix
179
Appendix: 1.5
Press Release
National Commission for Religious and Linguistic Minorities
(Ministry of Minority Affairs)
1. The Government of India has constituted the National Commission for Religious and Linguistic
Minorities vide Resolution dated 29th October, 2004 to recommend measures for welfare of
socially and economically backward sections among the religious and linguistic minorities. The
original Terms of Reference of the Commission included to suggest criteria for identification
of socially and economically backward sections among the religious and linguistic minorities,
to recommend welfare measures for them including reservation in education and government
employment and to suggest necessary constitutional, legal and administrative modalities for
implementation of their recommendations.
2. The Commission which started functioning from 21st March, 2005, comprises of Justice
Ranganath Misra, former Chief Justice of India as Chairman, Prof. Dr. Tahir Mahmood, Dr. Anil
Wilson and Dr. Mohinder Singh as Members and Mrs. Asha Das, former Secretary to the Govt. of
India, as Member-Secretary. Later, taking note of the demands from various quarters to specify
the SC converts to Christianity as well as Islam as 'Scheduled Caste' and keeping in view the
seven Writ Petitions filed in different High Courts as also the Civil Petitions no. 180 of 2004 and
94 of 2005 filed in the Supreme Court for declaring Clause-3 of the Constitution (SC) Order, 1950
as unconstitutional and void, the Govt. of India referred the matter on 24th August, 2005 to the
Commission as part of its larger Terms of Reference.
3. While examining the issue, the Commission has already made a reference to the State
Governments/UT Administrations for eliciting their views on this subject. The Commission is
also interacting with various private and non-governmental experts and agencies on the issue.
4. NGOs and members of public at large are requested to inform the Commission of their views
within a period of three weeks of their release at the undermentioned address:
The Joint Secretary,
National Commission for Religious & Linguistic Minorities,
Gate No. 30, 2nd Floor,
Jawaharlal Nehru Stadium,
Lodhi Road,
New Delhi - 110003.
Fax No. 24367794
E-mail: ncrlm2005@rediffmail.com
Report of the National Commission for Religious and Linguistic Minorities
180
Sl.
No.
Subject of Workshop Name of Institution/Organization
1. Issues Concerning Disadvantaged Parsis Tata Institute of Social Sciences,
Mumbai.
2. Issues Concerning Disadvantaged Sikhs Indian Social Institute,
Lodhi Road, New Delhi.
3. Issues Concerning Disadvantaged Buddhists Yashwantrao Chavan Academy of Development
Administration (YASHDA), Pune.
4. Linguistic Minorities Central Institute of Indian Languages,
Ministry of Human Resource Development,
Mysore.
5. Reservation Policy - Assessment of Impact School of Social Sciences,
JNU, New Delhi.
6. Issues Concerning Disadvantaged Christians Centre for Research, Planning and Action
(CERPA),
New Delhi.
7. Conferment of Scheduled Caste Status to Persons
Converted to Christianity and Islam
Tata Institute of Social Sciences,
Mumbai.
8. Depoliticising Backwardness – Alternative
Approaches
Delhi School of Economics,
University of Delhi,
Delhi.
9. Issues Concerning Disadvantaged Muslims Indian Institute of Public Administration (IIPA),
New Delhi.
Appendix: 2
LIST OF WORKSHOPS SPONSORED BY THE COMMISSION
Appendix
181
Sl.
No.
Subject of Study Name of Institution/Organization
1. A Study on Socio-Economic Status of Minorities
- Factors for their Backwardness.
Centre for Research, Planning and Action (CERPA),
New Delhi.
2. Educational Status of Minorities and Causes for
their Backwardness and Identification of Socio-
Economic Indicators for Backwardness.
A Ray Of Hope (AROH) Foundation, New Delhi.
3. Role of Madarasa Education in Mainstreaming
Muslims into Educational System.
Department of Social Work, Jamia Millia Islamia,
New Delhi.
4. Rapid Assessment of the Role of Financial
Institutions in the Upliftment of Minorities in the
Country.
Agriculture Finance Corporation,
New Delhi.
5. Aspirations and Career Plans of Children of
Religious Minority.
Centre for Research, Planning and Action (CERPA),
New Delhi.
6. Role of Religious Educational Institutions in the
Socio-Economic Development of the Community.
Himalayan Region Study & Research Institute, Delhi.
7. Selection of Criteria and Identification of Social
and Economic Backwardness among Religious
minorities.
Baba Sahib Ambedkar National Institute of Social
Sciences, Mhow, M.P.
8. Educational Status of Religious and Linguistic
Minorities in India.
Tata Institute of Social Sciences, Mumbai.
9. Religious Minorities in India: A Situational
Analysis.
International Institute of Population Sciences,
Mumbai.
Appendix: 3
LIST OF STUDIES SPONSORED BY THE COMMISSION
Report of the National Commission for Religious and Linguistic Minorities
182
S. No. State/UT Dates of Visit
1. Andhra Pradesh 21st - 22nd October, 2005
2. Bihar 13th - 14th February, 2006
3. Chhattisgarh 18th - 19th February, 2006
4. Goa 29th May, 2006
5. Gujarat 24th - 25th May, 2006
6. Haryana 24th - 25th February, 2006
7. Himachal Pradesh 8th - 9th June, 2006
8. Jammu & Kashmir 3rd - 11th September, 2005
9. Jharkhand 14th - 16th February, 2006
10. Karnataka 19th - 20th October, 2005
11. Kerala 16th - 19th November, 2005
12. Madhya Pradesh 3rd - 4th March, 2006
13. Maharashtra 10th - 13th January, 2006
14. Manipur 10th April, 2006
15. Meghalaya 21st April, 2006
16. Mizoram 22nd - 24th January, 2006
17. Nagaland 29th -30th November, 2006
18. Orissa 7th - 8th November, 2005
19. Rajasthan 10th - 11th February, 2006
20. Sikkim 29th April - 1st May, 2006
21. Tamil Nadu 21st - 22nd November, 2005
22. Tripura 24th - 25th January, 2006
23. Uttar Pradesh 15th-16th June, 2006
24. Uttarakhand 18th January, 2006
25. West Bengal 9th - 11th November, 2005
26. Andaman & Nicobar Islands 12th - 13th April, 2006
27. Delhi 5th May, 2006
28. Pondicherry 3rd - 4th February, 2006
Appendix: 4
NAMES OF THE STATES/UTS VISITED BY THE
COMMISSION
Appendix
183
Appendix: 5
CONTENTS OF VOLUME II
1. Questionnaires Sent Annexure:1
(Annex. 1.1-1.5)
2 . Proceedings of The Meeting of the Secretaries,
Minorities Welfare/Minorities Development.
Departments of the States/UTs held on 13th July 2005 Annexure: 2
3. List of Community Leaders/Religious Leaders
with whom the Commission held Discussions Annexure: 3
4. Findings & Recommendations of Studies Sponsored
by the Commission Annexure: 4
(Annex. 4.1-4.9)
5. Findings & Recommendations of Workshops Sponsored by the Commission Annexure:5
(Annex. 5.1-5.9)
6. Communication to States/UTs Seeking their views on
SC Converts to Christianity/Islam Annexure: 6
7. Press Release Regarding SC Converts to Christianity/Islam Annexure: 7
8. Summary of Reports on Commission’s visit to States/UTs Annexure: 8
(Annex. 8.1-8.28)
Report of the National Commission for Religious and Linguistic Minorities
184
S.
No.
States/UTs
All Religious
Communities
Hindus Muslims Christians Sikhs Buddhists Jains Other
Overall Sex
Ratio
0-6
yrs
Overall Sex
Ratio
0-6
yrs
Overall Sex
Ratio
0-6
yrs
Overall Sex
Ratio
0-6
yrs
Overall Sex
Ratio
0-6
yrs
Overall Sex
Ratio
0-6
yrs
Overall Sex
Ratio
0-6
yrs
Overall Sex
Ratio
0-6
yrs
1991 2001 2001 1991 2001 2001 1991 2001 2001 1991 2001 2001 1991 2001 2001 1991 2001 2001 1991 2001 2001 1991 2001 2001
India (States) 927 933 927 942 931 925 930 936 950 994 1009 964 888 893 786 963 953 942 946 940 874 982 992 976
1. Andhra
Pradesh
972 978 961 972 979 961 958 961 959 1003 1037 977 813 796 864 955 960 956 883 936 912 992 946 932
2. Aru. Pradesh 859 893 964 708 749 941 531 625 972 925 1003 960 491 264 808 952 970 959 524 662 545 997 1001 993
3. Assam 923 935 965 915 932 961 937 938 971 951 962 964 778 667 818 924 939 971 793 866 922 989 950 958
4. Bihar 911 919 942 903 915 939 938 943 958 1005 974 918 834 879 919 809 841 919 912 904 853 984 935 944
5. Chhattisgarh NA 989 975 NA 990 975 NA 943 954 NA 1021 972 NA 899 845 NA 1012 945 NA 922 922 NA 1014 1005
6 Goa 967 961 938 923 918 934 866 867 947 1091 1107 945 632 644 1021 714 818 950 925 885 567 760 868 909
7. Gujarat 934 920 883 932 918 880 946 937 913 940 988 927 810 824 782 875 889 886 1010 969 832 963 986 999
8. Haryana 865 861 819 863 858 816 872 870 895 981 918 921 896 893 742 739 783 833 923 911 798 231 790 885
9. HP 975 968 896 979 973 895 840 806 938 947 822 898 880 898 827 969 942 924 884 877 644 518 1005 1154
10. J&K NA 892 941 NA 824 855 NA 927 980 NA 594 834 NA 809 773 NA 941 961 NA 856 877 NA 902 1500
11. Jharkhand NA 941 965 NA 928 962 NA 939 971 NA 1018 975 NA 838 879 NA 885 812 NA 928 852 NA 990 976
12 Karnataka 959 965 946 960 966 945 952 957 950 1004 1030 961 648 739 882 848 907 953 931 926 892 742 966 949
13 Kerala 1036 1058 960 1040 1058 961 1040 1082 959 1012 1031 960 375 714 865 581 875 962 982 996 845 81 957 1118
14 MP 931 919 932 931 918 931 924 929 941 1003 996 976 852 882 849 965 949 929 921 925 906 994 1029 1010
15 Maharashtra 963 922 913 935 933 907 903 889 940 964 993 958 814 829 849 961 961 941 933 942 862 1005 988 940
16 Manipur 958 978 957 961 974 951 958 973 972 953 977 959 426 515 932 856 879 919 894 842 771 987 1009 958
17 Meghalaya 955 972 973 759 827 960 869 891 978 998 1004 973 748 718 896 888 871 867 752 106 926 990 996 983
18 Mizoram 921 935 964 373 341 872 100 271 990 980 986 969 115 299 2200 916 929 942 - 738 1000 916 986 1048
19 Nagaland 886 900 964 552 582 909 605 614 948 941 941 968 408 488 1000 831 782 841 742 852 768 949 939 936
20 Orissa 971 972 953 970 971 951 938 948 965 1019 1026 981 814 851 860 874 904 938 893 933 895 1001 1009 973
21 Punjab 882 876 798 867 846 821 823 793 879 877 893 870 891 897 780 849 871 820 947 914 758 715 846 798
22 Rajasthan 910 921 909 908 920 909 920 929 925 974 986 956 887 892 828 727 802 840 981 960 878 776 815 759
23 Sikkim 878 875 963 874 852 961 407 439 906 936 960 929 856 108 1556 905 944 969 538 664 615 781 983 1039
24 Tamil Nadu 974 987 942 970 983 939 998 1020 957 1005 1031 968 719 731 854 743 868 887 918 933 889 799 882 940
25 Tripura 944 948 966 944 949 965 949 945 964 920 941 975 163 101 710 959 956 988 663 916 1036 1000 759 770
26 Uttarakhand NA 962 908 NA 978 908 NA 875 915 NA 960 989 NA 898 844 NA 778 802 NA 930 833 NA 762 852
27 UP 879 898 916 875 894 911 897 918 935 961 961 936 868 877 831 856 895 928 916 911 846 162 871 968
28 West Bengal 917 934 960 914 932 956 923 933 968 983 1002 973 781 807 852 956 981 965 875 929 920 982 985 965
Appendix: 6 (Referred to in Chapter-6)
SEX RATIO OF POPULATION: 1991 AND 2001,
AND 0-6 YEARS :2001
Union Territory
29 A&N Island 181 846 957 797 828 947 843 860 979 873 904 990 907 818 858 197 358 786 - 917 500 718 859 1250
30 Chandigarh 790 777 845 769 756 847 670 650 947 967 932 939 881 910 781 649 858 746 904 940 940 600 890 1083
31 D&N Haveli 952 812 979 957 814 982 832 692 920 871 902 1009 1500 281 750 818 638 932 981 895 831 - 875 500
32 Daman & Diu 969 710 926 963 698 925 1022 799 947 1019 944 918 712 576 600 550 370 700 843 1000 1071 864 807 1250
33 Delhi 827 821 868 823 817 860 798 782 925 988 1076 965 921 925 996 831 829 890 927 935 849 727 871 1009
34 Lakshwdeep 942 948 959 435 251 1000 988 1002 960 300 206 333 - - - - - - - - - - - -
35 Pondicherry 979 1001 967 963 987 969 1092 1097 945 1089 1101 962 611 543 2000 560 780 1000 754 900 692 - 904 900
Source: Census of India 1991 and 2001
Appendix
185
Appendix: 7
Appendix 7.1 (Referred to in Chapter-6)
Schedule Indicating Socio-economic Scorable Parameters Prescribed
for BPL Census 2002
S.No. Characteristic Scores
0 1 2 3 4
1. Size group of
operational holding
of land
Nil Less than 1 ha. of unirrigated
land (or less than
0.5 ha. of irrigated land)
1 ha. – 2 ha. of unirrigated
(or 0.5 – 1.0 ha.
of irrigated land)
2. ha. – 5 ha. of unirrigated
land (or 1.0
– 2.5 ha. of irrigated
land)
More than 5 ha. of un-irrigated
land (or 2.5 – ha. of irrigated land)
2. Type of house Houseless Kutcha Semi-pucca Pucca Urban Type
3. Average availability
of normal wear
clothing (per person
in pieces)
Less than 2 2 or more, but less than 4 4 or more, but less than 6 6 or more, but less than
10
10 or more
4. Food Security Less than one
square meal per
day for major part
of the year
Normally, one square meal
per day, but less than one
square meal occasionally
One square meal per day
through out the year
Two square meals per
day, with occasionally
shortage
Enough food through out the year
5. Sanitation Open defecation Group latrine with irregular
water supply
Group latrine with regular
water supply
Clean group latrine with
regular water supply and
regular sweeper
Private latrine
6. Ownership of
consumer durables
Do you own (tick
()
- TV
- Electric Fan
- Kitchen appliances
like pressure cooker
- Radio
Nil Any one Two items only Any three or all items All items and/or Ownership of any
one of the following:
- Computer
- Telephone
- Refrigerator
- Colour TV
- Electric Kitchen appliances
- Expensive furniture
- LMV / LCV
- Tractor
- Mechanized two wheeler/three
wheeler
- Power Tiller
- Combined thresher / Harvestor
- 4 wheeled mechanized vehicle
Report of the National Commission for Religious and Linguistic Minorities
186
7. Literacy status of
the highest literate
adult
Illiterate Upto primary (Class V) Competed secondary
(Passed Class ×)
Graduate/ professional
Diploma
Post Graduate/ Professional
Graduate
8. Status of the
Household Labour
Force
Bonded labour Female & child labour Only adult females & no
child labour
Adult males only Others
9. Means of livelihood Casual labour Subsistence cultivation Artisan Salary Others
10. Status of children
(5 – 14 years) [any
child]
Not going to
school and
working
Going to school and working Not
specified
Not
specified
Going to school and NOT working
11. Type of
indebtedness
For daily
consumption on
purposes from
informal sources
For production purpose from
informal sources
For other purpose from
informal sources
Borrowing only from
Institutional Agencies
No indebtedness and possess
assets
12. Reason for migration
from household
Casual work Seasonal employment Other forms of livelihood Non- migrant Other purposes
13. Preference of
Assistance
Wage Employment
TPDS (Targeted
Public Distribution
System)
Self Employment Training and Skill
upgradation
Housing Loan/ Subsidy more than Rs. one
lakh or No assistance needed
S.No. Characteristic Scores
Appendix
187
Appendix 7.2 (Referred to in Chapter-6)
Parameters used under Velugu Project in Andhra Pradesh
The indicators identified by the State Governments to categorize the households are given below:
Poorest of the Poor (POP) Poor
- Can eat when they get work.
Otherwise live without food.
- Not possessing land
- Can live on daily wages
- No shelter - School going children will also be sent for work
- No proper clothing - Not able to repay debts
- Cannot send children to school - No proper shelter
- Cannot get credit - No respect in the society
Non Poor (Middle Class) Non Poor (Rich Class)
- Having land, greater than one acre - Having land > 5 acres
- Proper shelter - Can hire laborers
- Children will be sent to Govt. Schools - No problem for food, shelter, clothing
- Can have access to credit - Can send children to Private schools
- Can access health facilities from
Government or Private Hospitals
- Can go to private hospitals
- Can lend money
- Have recognition in the society - Have recognition in the society
Report of the National Commission for Religious and Linguistic Minorities
188
Appendix 7.3 (Referred to in Chapter-6)
Parameters used under Kudumbashree Mission in Kerala
The Risk indicators used in urban area has nine points:
(1) No Land/Less than 5 cents of Land
(2) No house/Dilapidated House
(3) No Sanitary Latrine
(4) No access to safe drinking water within 150 meters
(5) Women headed household/Presence of a widow, divorce/abandoned lady/unwed mother
(6) No regularly employed person in the family
(7) Socially Disadvantaged Groups (SC/ST)
(8) Presence of Mentally or physically challenged person/Chronically ill members in the family
(9) Families without colour TV
If any four or more of the above risk factors are positive in a family, such a family is treated as a “risk”
family.

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Saturday, February 20, 2010

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