WAKFS - JAMA MASJID

For Removal of All Additions and Accretions in Jama Masjid, Delhi

Letter to M/Urban Development, 20 June, 2006

The Delhi High Court has ordered the restoration of the Jama Masjid, Delhi to its original glory. The MCD/DDA are planning to clear and beautify the surroundings of the Jama Masjid. Normally repair and renovation of the Jama Masjid proper should have been undertaken by the ASI but it is not a Protected Monument and because of our bitter experiences with the maintenance and performance of Namaz in many Protected Masjids, the Muslim public opinion is against the declaration of Jama Masjid as a Protected Monument.

However, since Independence, at least twice, large sums have been spent by the Government through the ASI on the renovation of the Jama Masjid, which is truly a national heritage, whatever its legal status.

The Delhi Wakf Board (DWB) has prepared a Report on the repair and maintenance works needed and has approached the Government for a grant to undertake the work. But the Report does not include the demolition of the unlawful structures constructed by the Bukhari family since 1977, particularly the residential facilities in the northern part of the campus of the Jama Masjid, just adjacent to the historic structure.

Despite clear orders by the High Court, DWB has, under pressure from the Bukhari family, excluded the removal of illegal encroachment and construction, just outside but within the Campus. The restoration of Jama Masjid shall be incomplete unless these recent accretions and additions are removed.

We request you to instruct the DDA, the MCD and the ASI to fulfill the mandate of the High Court and, if necessary, seek specific orders from the High Court for the removal of all such alterations.

The ASI should then take up the task of repair, renovation and conservation, if and only if the Delhi Wakf Board agrees to the removal of all accretions and additions and structural alterations since 15 August, 1947 in keeping with the Law of 1991.

Installation of CCTVs in Jama Masjid

Letter to Delhi Wakf Board, 10 June, 2006

We welcome the decision of the Delhi Wakf Board to install CCTVs in the Jama Masjid and other historic Masjids in Delhi. But the CCTV system should be monitored exclusively by the Delhi Police and the Wakf Board or the Imam should not have a hand in this work.

Foolproof Mechanisms for Protection of Wakfs

Letter to Laljan Basha, MP, 1 June, 2006

We are glad that you have been appointed as the Chairman of the Joint Parliamentary Committee on Wakfs. We have every hope that your Committee shall devise foolproof mechanisms for protection and development of wakf properties.

May I request you for the names of other members of your Committee?

Secondly, we would like to have a copy of the amendments to the Wakf Act, 1995 proposed by your Committee in its earlier incarnation and to know where the matter rests.

For Transfer of 123 Wakf Properties by Government to Wakf Board

Letter to Chairman, CWC, 26 May, 2006

I am heartened by the fact that you appreciate the legal difference between the lease of purportedly government properties to the Delhi Wakf Board and their unconditional transfer as wakf properties to the DWB.

In my view, the flawed notification of 1984 remains a big legal hurdle. I argue that, however, insurmountable it may appear to be, it does not justify the delay in disposing of the PIL against the notification. I, however, suggest that when you take up the matter with the Minister of Urban Development, you may suggest a revised notification which should recognize the properties as Wakf properties, even though they were acquired in early 20th century, and transfer them as such to the Delhi Wakf Board free of any liability or encumbrance.

The intention of the Union Government indeed is clear from the fact that the lease was to be permanent and the rent was fixed at a token amount. But the spirit has been ignored and the letter has been seized upon by the anti-Muslim forces (supported by the vested interests) to obstruct their transfer to and possession by the DWB.

Perhaps the advocates whom the Government/CWC/DWB engage for the final hearing should be in a position, inter alia, to use the above argument and hint at the revision of the notification, if circumstances so demand. But, for this, you have to have an implicit understanding with the Hon’ble Minister of Urban Development.

On Utilization of Wakf Land in Urban Areas

Letter to Secretary, CWC, 20 June, 2006

There has been a persistent pressure that Wakf lands in and around urban centers and even in accessible rural areas be allotted/leased to Muslim educational societies for establishing educational institutions. I would like to know if the Central Wakf Council has ever adopted a resolution on the subject.

It goes without saying that fallow (excluding Qabristans) as well as agricultural land should be exploited for raising the income of the Wakf estates. But in spending the income, the intent of the Waqif must be kept in view and receive the highest priority. The surplus income may be used for any other charitable/welfare projects in the interest of the Muslim community or the general population.

Today education has been commercialized. Even government is not inclined to allot land to private institutions on concessional terms. So why should the Wakf estates? May be the Wakf estates can give some concession on the market rate but there should be no lease on nominal rent.

Review of ITI/VTC Schemes of the CWC

Letter to Central Wakf Council, 12 April, 2006

The ITI and VTC Schemes was initiated in 2000 on the basis of the Schematic Pattern, to be implemented as a pilot project. In my opinion, the Central Wakf Council should review the Scheme, particularly the methodology of implementation.

I would be grateful for a copy of the original Scheme as well as the expenditure thereon in successive years and the balance available for 2006-07.

For Reversal of Trifurcation of PWB

Letter to Chairman, CWC, 26 May, 2006

The Council was heartened by your personal interest in having the illegal Trifurcation of Punjab Wakf Board reversed and of your intention to take it up with the CM’s/Administrator of Chandigarh.

If you permit me to make a suggestion, you may like to point out to the CM’s/Administrator that the Union Government, having realized the gross error of fact and law is not only competent but morally bound to cancel the Notification, in order to restore the status quo ante and appoint an Administrator for the Inter-state Punjab Wakf Board, as contemplated under the Wakf Acts 1954 and 1995.

The basic arguments against trifurcation apart from patent violation of the Wakf Act, 1995 arise, as you are aware, from the fact of imbalance between the Muslim population and the number of registered Wakf properties in the three states and Chandigarh and their average annual income even at the present level of utilization. This imbalance can be brought out easily with reference to the population statistics of 2001.

Secondly, the small population of Muslims in Punjab, HP and Chandigarh makes it impossible to apply the provisions of the Wakf Act, 1995 fully to any of them separately.

A third argument relates to the availability of the enormous Wakf resources in the region which are the common heritage of the Muslim community for the educational uplift of all the Muslims in the country which can only be ensured if they come directly under the Union Government and their administration and management are accountable to the Parliament.

Fourthly, most of the original Wakf documents are to be found only in Lahore and an approach to the Pakistan Government, if the need arises to establish the Wakf character of a disputed property, can be made only by the Union Government.

Finally, without a sizeable Muslim population and consequently with poor Muslim representation in legislatures, professions and state bureaucracy, the wakf properties are more likely to be unlawfully occupied and exploited without any effective resistance, sometimes even neglected by the Wakf authorities, against the letter and spirit of the Wakf Act.

May I suggest that after you have sounded them personally, you may like to convene a meeting with all 4 in Delhi, to which you may like to take along Mr. A. Rahman Khan, Mr. Salman Khurshid and if you deem it fit, the undersigned.

Continuing Encroachment on Qabristans

Letter to Secretary, CWC, 6 June, 2006

May I draw your attention to the continued encroachment on Qabristans which are Wakfs by definition, in many places despite the national consensus and assurance by several State Governments that all Qabristans shall be delimited and fenced at state expense? In any case, construction of boundary walls is an approved programme under the JRY.

Two instances which came to my notice recently relate to 1) illegal occupation of part of the Qabristan in Gomtinagar, Lucknow, by Mrs. Geeta Singh, MLA (SP), wife of Mr. Yashpal Singh, former DGP, UP and 2) illegal creeping encroachment by Appu Ghar Project in NOIDA on the Qabristan in Sector 18.

You may kindly draw the attention of the Chief Secretary, UP and the Chairman, UP Sunni Wakf Board to have the encroachment vacated and stopped and the Qabristans delimited and fenced.

Masjid Demolition on NH 14

I- Secretary, Road Transport’s Reply, 10 April, 06

Please refer to your letter dated the 14th December, 2005* on the protest against demolition of the 200 year old Chandmari Masjid of Abu Road, District Sirohi of Rajasthan, for widening of NH 14.

2.      I have got the matter examined. Chandmari Masjid is located on Survey No. 259/256 of revenue village Abu Road in District Sirohi, Rajasthan. A part of this land is to be acquired for four laning of NH 14 as it is not feasible to divert the road alignment on other side due to poor geometrics. As informed by NHAI, the constructed part of the Masjid is not affected due to four laning project and structure portion of Masjid would not be touched.

*Already published in October-December, 2005 issue at page 41

II- Reply to Secretary, M/Road Transport, 16.5.06

I thank you for your letter No. RW/NH-120274/4/2006/PS-4(RJ) dated 10 April, 2006 regarding the demolition of the Chandmari Masjid in Sirohi.

We would be grateful for a map of the Masjid, the land allotted to it and the land acquired for the NH 14.

The NHAI may be instructed to issue a press statement to affirm that the Masjid structure has not been acquired or demolished and that the compensation shall be made for the Masjid land acquired for the project.

Long-term Lease of Wakf Property Invalid

Letter to CWC, 9 June, 2006

Recently the Andhra Pradesh High Court declared invalid a number of agreements entered into by the C.E.O., A.P. Wakf Board for Lease of Wakf properties related to Jama Masjid, Nirmal, by its Order in W.P. No. 27818 of 2005.

I request you to obtain the details of the case from the CEO, A.P. Wakf Board and the text of the Order.

Delimitation & Mapping of

Dargah Hazrat Nizamuddin

Letter to Secretary, CWC, 19 June, 2006

As you are aware, the Dargah Hazrat Nizamuddin has been notified by the Delhi Wakf Board as a Public Wakf. The Delhi High Court has appointed a Receiver to receive and account for the income of the Dargah.

The CWC should urge the DWB to constitute a Managing Committee to administer and manage the Dargah and all the Wakf properties in Delhi and outside dedicated in its favour.

The CWC should also advise the Board to have it mapped and the boundaries of the Dargah delimited.

Plea for Wakf Survey in UP

Letter to Minister of Revenue, UP, 22 May, 2006

We have noted your statement that on 17 May, 2006, the district authorities in UP have been asked by your Department to compile revenue record of all Masjids, Idgahs and Qabristans. All these are Wakfs by users. In our view the State Government should appoint a Wakf Survey Commissioner to collect full information about all wakf properties in the State. Unfortunately no complete survey has ever been undertaken.

We, therefore, request you to consult your colleagues, the Minister of Wakfs and extend the proposed survey to all Wakf properties and request him to activate the UP State Wakf Boards and the District Wakf Committees to assist the revenue authorities in the districts in the task.

Encroachment on Qabristan in NOIDA

I - Letter to Central Wakf Council, 18 May, 2006

A 40 bigha Qabristan in NOIDA, UP (Khasra No. 704) is being slowly built over by the Appu Ghar which claims the land on the strength of a long-term lease by NOIDA.

I have no idea if the Qabristan is registered with the UP Sunni Wakf Board. But a Qabristan is a wakf property by user.

The Muslims of NOIDA are agitated and they held a demonstration and Dharna on 24 March, 2006.

I request that the Central Wakf Council should ask the UP Wakf Board/UP Government to intervene and, if possible, ask the Administrator, NOIDA for a report on the status of the Qabristan and the reported lease for Appu Ghar.

II - Letter to Tasnim Faruqi, 1 June, 2006

Please refer to your letter about the status of the Film City, NOIDA Qabristan and our conversation. As I suggested to you, you contact the Mutawalli or the Chairman, Managing Committee of the Qabristan, recognized by the UP Sunni Wakf Board, and examine the property to see whether in fact Appu Ghar or any other person or firm has occupied a part of it and is using it as a parking area or otherwise.

You should advise the Mutawalli or Chairman a) to request the Administrator/D.M. to demarcate the Qabristan and construct its boundary, b) to send a legal notice to Appu Ghar to vacate the adversely occupied area, if any, or face legal action; c) to advise the Board of action taken.

You may, when convenient, see me with the Mutawalli or Chairman and the map.

III- Letter to DM/CEO, Noida, 13 June, 2006

You may kindly recall the recent peaceful demonstration by the Muslim community of NOIDA organized by Anjuman Islahul Mosilmeen in March, 2006 and with reference to the Memorandum submitted by it, may I request you to let us know the progress in the allotment of land for a Qabristan and for a Masjid which are both felt needs of the Muslim community living in NOIDA which is continuously increasing.

We also request you to let us know the facts behind the allegation that the existing Qabristan had been leased out by the NOIDA authorities, wholly or partially, to the Appu Ghar organization which is obstructing Muslims from burial or even visiting existing graves.

Encroachment of Masjid Hari Ganj, Patna City

Letter to MMM, Bihar, 19 May, 2006

I am attaching a clipping about the illegal occupation of a Masjid in Haji Ganj, Langar Gali, Patna City, which comes under Chowk Thana.

I request you to visit the site and take necessary action to have it vacated.

Encroachment on Dargah Land in Ahmedabad

Letter to Justice A.S. Quraishi, 9 June, 2006

Once, I spoke to you about the Dargah Hazrat Makhdoom Shah in Ellis Bridge locality, Ahmedabad, and the graveyard and other lands appurtenant thereto which have been arbitrarily usurped by the Municipal Corporation and then allotted to a Cooperative Housing Society which has constructed a housing complex on the Wakf land.

The case is pending in the Court of the Civil Judge as well as in High Court.

There is no Mutawalli. So the Gujarat Wakf Board is the Mutawalli in law and manages it through the Sunni Muslim Wakf Committee, Ahmedabad. It is not doing its duty.

I wrote to both of them to find out what legal steps they have taken or propose to take to recover the valuable Wakf property. I have received no reply.

In the meantime, a local resident Mr. Jalan Matri is doing what he can to keep the burn alive. He wrote to me I had advised him to file a contempt case in the High Court for the failure of the Civil Judge to decide the case, as instructed.

If you visit Ahmedabad you kindly speak to both Mr. Jalan Matri and the President of the Gujarat Wakf Board and the President of the Sunni Muslim Wakf Committee and advise them on the future course of legal action.

I shall be glad to come over to discuss the case with you at your convenience.

URDU

Launch of Urdu Channel in Door Darshan Soon

Minister of I&B’s Reply, 15 May, 2006

Please refer to your letter of 6th February 2006* and my acknowledgement thereto dated 3rd March, 2006 regarding starting of Urdu channel by Doordarshan. While I appreciate the sentiments expressed by you, I may like to clarify that the matter has been taken up sometime back with the Planning Commission for obtaining their ‘in-principle’ approval to the launch of the Urdu channel. However, they have sought certain clarifications which have been furnished to them for expediting their approval.

2.      In the meantime, in order to save time, action has been set on the anvil to procure the recording, play-back and transmission equipment for the channel. Space has been allocated in Akashvani Bhavan for housing the channel. Offers have also been invited from eligible producers of Urdu programmes under the Doordarshan’s Acquisition Scheme. More than three hundred such offers have been received which are under process. Simultaneously, action has been initiated to prepare a panel of experienced producers for producing fresh programmes for the Urdu channel. I may assure you that all efforts are being made to get the approval expedited and the whole gamut of the issue geared up to ensure the launch of Urdu channel at the earliest.

*Already published in January-March, 2006 Bulletin at Page 43

Urdu as Official Language of Bihar Legislature

Letter to Speaker, Bihar Assembly/Chairman, Bihar Legislative Council, 31 May, 2006

We are glad to know that you and your colleague Shri Udai Narain Choudhury/Prof. Arun Kumar propose to make Urdu an Official Language of the Bihar Legislature.

But since the legislatures are masters of their procedure, this may need nothing more than adoption of formal resolutions by the Assembly and the Council.

Then the legislators who so desire shall be able to take their oath in Urdu, speak in Urdu with arrangement for translation in Hindi (and English) and put their questions in Urdu. The Resolution shall also enable the Secretariat to publish copies of daily bulletins as well as Bills and other documents in Urdu.

If you take the initiative as the presiding officer and speak to all recognized parties represented in the legislature with a view to develop a consensus, a resolution to this effect, may be introduced by the Chair and adopted unanimously.

Foundation Day of ATUH Should be Urdu Day

Letter to CM Bihar, 12 June, 2006

It was and is improper that the Urdu in Bihar should be an item on the birthday celebration of the former Chief Minister! Urdu should be promoted through institutional means. The foremost national organization for the promotion of Urdu is Anjuman Taraqqui-e-Urdu Hind which has a branch in every Urdu-speaking State, including Bihar.

I suggest that the foundation day of Anjuman Tarraqui-e-Urdu Hind should be observed as the Urdu day not only in Bihar but all over the country. That will give Urdu a national projection which it deserves.

I am releasing this letter to the press in order to invite the Urdu-speaking community to consider the suggestion.

Endeavour for Systematization of Urdu Education

Letter to Bihar Urdu Academy, 8 June, 2006

Please accept my felicitations on your appointment as the Secretary of the Bihar Urdu Academy.

I am happy to know that the Chief Minister is taking interest. But to expedite decision-making and to gear up the working of the Academy, he may like to nominate one of the senior and experienced members of the Executive Committee as a Working Chairman who should be empowered to take decisions and keep the Chairman informed. But all this can be done only after the Academy is duly reconstituted.

However, I am rather apprehensive about the proposal to teach Urdu to non-Urdu government personnel or other persons in government offices. I see the need for the popularization of Urdu. This can be done in 2 ways: by providing for teaching of Urdu as an optional subject to non-Urdu students in all government schools and by the Academy supporting NGO’s to teach Urdu and to introduce distance courses. Such Urdu literate persons cannot be equalled to those who have done B.A. or B.A. (Hons.) with Urdu or have obtained the Certificate of Kamil from Madrasas. Only these 2 categories of persons should be eligible for appointment as Urdu teachers in government schools or Urdu staff in government offices. Their comparative merit can be tested by a common selection examination conducted under the auspices of the Academy, if the government so desires.

Thirdly, the Academy must demand creation of adequate number of permanent Urdu and Urdu-medium teacher posts in government primary, middle and high schools and their posting to government schools in Urdu concentration areas instead of the present adhoc and inadequate system of Urdu units. The Academy itself should monitor the vacancies and ensure that Urdu posts are as many as needed and are not filled by non-Urdu teachers.

Survey of Deficit of Schools in Urdu Areas

Letter to ATU, Bihar, 19 June, 2006

I am glad that the Anjuman Taraqqui-e-Urdu, Bihar is having a new lease of life and I wish you every success.

I feel that the Anjuman should:

1.      Conduct a survey of the actual number of Urdu medium primary schools and Urdu teaching secondary schools, block-wise and estimate shortages in relation to Urdu-speaking population and national norms.

2.      Launch an educational campaign that all Urdu-speaking students should be enrolled in government primary schools and that these schools should have Urdu as the medium of instruction and that school-deficit and deprived areas should have more such schools.

3.      The Anjuman should strive to have Urdu as the First Language alongwith Hindi and English, for Urdu-speaking students from Class VII to X.

4.      The Anjuman should demand abolition of the ‘Urdu unit’ system and its replacement by regular sanction and recruitment of Urdu and Urdu-medium teachers for all government schools, in accordance with the national norms.

And suggest that they should be recruited through a competitive test conducted by a Special Recruitment Board which should be open to all Urdu graduates (Pass or Hons.), holders of Fazil certificates of Madrasas, affiliated to the Madarsa Board, or otherwise.

This means that the Anjuman has to activate all its district and sub-divisional units.

Urdu Not a  Foreign Language; Its Script is not Foreign

Letter to The Mainstream, 27 May, 2006

Apropos Mr. Vikas Kumar’s article ‘Is Urdu a Foreign Language?’ in your issue of 12-18 May, 2006, may I compliment him on the intensive research he appears to have made on the subject?

May I also seek to comment on the fragility of his arguments?

First, Urdu is NOT written in the Arabic script; it is written in the Urdu script which is close to Persian but is much more comprehensive than either Persian and Arabic to do justice to the Urdu alphabets which simply do not exist in Persian or Arabic and which have come into Urdu from Sanskrit.

Second, every modern Indian language has millions of people speaking it and declaring it as their Mother Tongue all over the country. So, I see nothing wrong with Urdu.

Mr. Kumar makes a tenuous connection between state of communal harmony and the Urdu-speaking group. Does he man to say that Urdu-speakers are responsible or that the very sound of Urdu provokes Hindu communalism? Anyone who has studied Urdu knows the unparalleled contribution Urdu has made for the last 200 years to inter-religious harmony and understanding and continues to do so.

As for Kashmiri, Urdu, as official language, is a heritage of the Maharaja. Kashmiri and Dogri have been recognized as national languages by the Constitution/Sahitya Academy. I do not support the imposition of any language on unwilling people. Of course, I would like Urdu to be studied as Second Language in J&K, and all over the country by people whose Mother Tongue is another language.

I agree with Mr. Kumar that seeds of separatism were indeed sown in 1830 when Hindu enthusiasts began agitation against the adoption of Urdu by the Sarkar as the vernacular in UP. Sir Syed foresaw separatism when it culminated into replacement of Urdu by Hindi around 1875.

I do not agree with his narration on the role of Urdu in growth of communalism in the country or in the Partition. I also regard the Partition as a great tragedy for the Sub-continent but it was the expression of a collective failure of the National Movement to find a universally acceptable formula for power-sharing. But that is a different issue.

I read Nazir Akbarabadi in school 60 years ago. I am not aware of Noor Mohammad but Nazir has been followed by many Urdu writers who liberally use Hindi vocabulary. On the other hand, since independence, Hindu protagonists have deliberately widened the gulf between Hindi and Urdu by Sanskritisation and imposition of Sanskritized Hindi and expulsion of Urdu from the schools and the media in North India where most of the Urdu-speaking population lives, through the clever tack of clubbing Sanskrit with MIL’s as Second Language and providing for Sanskrit teachers but not Urdu teachers in schools even at primary level.

If Mr. Kumar does not understand Urdu programme, it is either because he has studied shudh Hindi only or because the programme is meant for those who know Urdu. Incidentally, the electronic media is beginning to discover Urdu’s appeal and there is a noticeable change in its diction but unfortunately no improvement in pronunciation of Urdu words. Ghalib is still Galib and Azadi is Ajadi!.

The fact is that today Urdu is more widely understood and spoken throughout the country than official Hindi.

Urdu is not the medium of instruction in Maktabs and Madrasas in non-Hindi states like West Bengal and Kerala but Urdu is taught in higher classes to give Madrasa students access to the enormous Islamic literature in Urdu. Also there are pockets of Urdu-speaking people within non-Hindi States like AP, Karnataka, Maharashtra, Gujarat and even Tamil Nadu and Kerala. They have as much right to learn their Mother Tongue as any other citizen.

To sum up, depiction of Urdu as a foreign language or as a language of the Muslims alone is but another symptom of the communal malaise which has penetrated deep in the civil society and has many manifestations.

On Desecration of Wali Dakhni’s

Grave in Ahmedabad

Letter to GS, ATUH, 4 April, 2006

Your fax of 4 April, 2006.

There was no ‘Khanqah’ in 2002. If it was there, it was demolished ages ago. Only the grave was there in the middle of the road which was razed to the ground and built over.

Plea to Save Urdu Manuscripts in DPL

Letter to GS, ATUH, 2 June, 2006

The Hardayal Municipal Public Library, Delhi, is said to have a big collection of Urdu, Arabic and Persian books, perhaps also manuscripts.

I would suggest that the Anjuman Tarraqui-e-Urdu, Delhi/Urdu Academy, Delhi should take interest in their upkeep and press the Library to publish complete Catalogues of books in Urdu, Persian and Arabic which are at least 50 years old.

Hali’s House Should be Hali Museum

Letter to Haryana Urdu Academy, 10 June, 2006

I have just read the report that the Government of Haryana has decided to establish a Sufi Museum in the ancestral house of Khwaja Altaf Husain Hali in Panipat.

We totally disapprove of this idea. The house should be used for establishing the Hali Memorial Museum to be managed by a Trust chaired by Dr. Sayeda Saiyadain Hameed, the well-known public figure who is a descendant of Hali and has translated his Musaddus into English.

I request that the Haryana Urdu Academy reject this recommendation made by the National Seminar on Khusro.

Appointment of Government Servant as Part-Time Urdu Teachers Misconceived

Letter to CM Delhi, 22 May, 2006

You have announced that part-time Urdu teachers will be appointed as translators etc. in the offices of Delhi Government.

Frankly, we feel that this step will not solve the problem of Urdu-medium students.

The main reason is that the translator as government servant shall pay requisite attention to his departmental work and find relatively little time for the school(s) he is posed in.

We do not see why Urdu-speaking children should be treated as second class students and fobbed off with part-time, unqualified teachers.

In government and government-aided schools, which teach through the medium of Urdu or teach Urdu as a language, should have the requisite quantum of Urdu-medium and Urdu teachers, full-time or part-time, as the need be, with the same qualification, grade and service conditions as other teachers in the system. They should be appointed through the same machinery and be under the same financial/administrative control.

I personally feel that Urdu-medium teaching should be limited to primary schools with Hindi as compulsory and that teaching of Urdu as a language should be universalized as Second Language in all government and government-aided schools, with financially support to private schools through a special Urdu promotion scheme.

I request you to consider our request.

Recruitment of 5,000 Urdu Teachers in UP

Letter to Education Secretary, UP, 26 May, 2006

We understand that the Government of UP have recently issued a G.O. for the recruitment of 5,000 Urdu teachers.

We would be grateful to receive a copy of the G.O., to know the minimum qualification, the procedure for selection and the distribution of sanctioned posts among districts.

We would request the State Government through you to ensure that all University graduates who have B.A. (Hons) or B.A. with Urdu as well as holders of certificate of Kamil from well-known Madrasas as well as pre-1997 holders of Moallim Urdu certificates from Jamia Urdu, Aligarh, should be given equal opportunity in the selection which should ensure that capable teachers with adequate knowledge of Urdu are selected. We suggest that if necessary a common test may be held to establish comparative command of Urdu language and literature.

Proposal for Round Table on Employment

Letter to VC, NCPUL, 19 June, 2006

On 13 April, 2005 in response to his invitation to participate in the Employment Generation among Urdu-speaking Minority, I had made a suggestion to the former Director in the following words:

“I feel seminars as largely unproductive exercises in rhetoric and repetition.

Instead of holding a 3-day national seminar, a more productive approach would be for the Council to hold a Round Table on a Working Paper on Employment Generation for Urdu-speaking Community, to be produced by the Council to which not only Urdu elite but economic, financial and educational experts may be invited. The pattern of educated unemployment is universal, though the situation is tougher for linguistic group whose language is scattered throughout the country and has no ‘homeland’.”

I do not now what came out of the Bhopal Seminar. However, I request you to consider my suggestion, as the employment opportunity for Urdu-speaking minority (unless a person is bilingual or trilingual) has shown no sign of improvement.

Systematic and Joint Representation to Fight Delhi High Court Order for Demolition of All Structures within 300  Meters of Wakf Edge of Yamuna River

I - Letter to Md. Manzoor Alam, 5 June, 2006

Thank you for drawing my attention to the newsreport about the demolition order which may affect Batla House, Jogabai Extension and Abul Fazal Enclave.

The bypass is nearly ready. How can the High Court/Government disregard its existence?

Moreover, for the sake of uniformity, the measurement must be made, whatever the distance on both sides from the middle of the mainstream of the river.

In any case, we must have the recommendation of the Committee appointed by the High Court, to see whether the Government was represented on it, whether the Court has asked the Government for its views or passed a unilateral order.

We must also collect the assurances of the government on regularizing these colonies which cannot be equated with J.J. clusters.

Intervention by Delhi Govt. to Seek a Review

II- Letter to M/Urban Development/CM Delhi,

15 June, 2006

I would like to draw your attention to the concern and apprehension felt by the residents of the Muslim concentration colonies along the east bank of the Yamuna, from Kalindi Kunj to Maharani Bagh, namely, Batla House, Abul Fazal Enclave-I and II at the recent order of the Delhi High Court to survey the area and clear 300 meters from the bank of the river.

As you may be aware, Kalindi Expressway is under construction along this bank to join the DND Toll Bridge to the Mathura Road.  Its alignment was finalized and endorsed by 17 agencies of the Central and Delhi Governments years ago.  There is no reason to disturb it, after part of the Expressway has been constructed.

Secondly, this bank is more than 300 meters away from the mid-stream which is the normal base line for measurements to regulate the unrestricted flow of a river or to determine the right of the people inhabiting its Banks.

Thirdly, these colonies have all along been listed by the Government of India as ‘To  be regularized’ and nearly 100,000 people live there and crores have been invested in housing and other developments.

We, therefore, request your immediate intervention to advise the Delhi Government to seek a review of the High Court order on the ground that the Kalindi Expressway alignment should not be disturbed.

Survey Maps for the East Bank of the Yamuna from the DND Toll Bridge to the Kalindi Kunj

III-Letter to Surveyor General of India, 23.6.2006

The Order of the Hon’ble High Court of Delhi of 1 June, 2006 to get all human habitation vacated within 300 meters of the edge of the water of the Yamuna has caused much anxiety among the people living along the flood protection wall. For one thing, it is not clear where the edge lies.

Normally, measurements are made from the middle stream and not from the edge of the water, whatever it may mean.

We have taken up the matter with the Government of Delhi because the Kalindi Bypass under construction at present skirts the human habitation.

We are, therefore, anxious to obtain the Survey of India map for this patch.

We would be grateful to be advised whether you may supply it directly or through your stockist in Delhi.

On High Court Order of 1 June, 2006

IV - Letter to CM of Delhi, 28 June, 2006

I have already written to you regarding the Delhi High Court’s Order of 1 June, 2006 which has caused sleepless nights to all residents of three major Muslim colonies in Delhi, namely, Abul Fazal Enclave I & II, and Batla House and Zakir Nagar.

The case is to be heard on 20 July, 2006. The DDA revenue staff has surveyed and measured the land again. But the Vice-Chairman is unwell and the file is not moving.

We request you that the DDA’s revised report, as recommended by the High Court, be sent to the Agarwal Committee immediately for incorporation in the Committee’s next report to the High Court.

Secondly, we request you that in view of the public protest, your Government MUST itself intervene in the case and present its point of view already reiterated by you that there can be no change in the alignment of the Kalindi Kunj Bye-pass under construction. It should also emphasize that these colonies are on the priority list for regularization and that the shallow pools of water onthe eastern side of the Yamuna along the Bye-pass do not form part of  the ‘river bank’. The river bank is about half a kilometer to the west and that the High Court should first get the river course and its bank in this area determined scientifically through appropriate authorities.

CSID Centres in Muslim Minority States

Letter to President, CSID, 3 June, 2006

I have before me your circular letter of 2 June, 2006 on the expansion of activities of CSID outside the USA and the Arab World. I find the Philippines is the only non-Muslim country CSID has touched so far. You know that 1/3 of the Ummah lives in Muslim minority states. It is natural that the Muslim minority everywhere looks upon secular democracy and sharing development benefits as their lifeline. I daresay that India is at the top of the list which has the largest concentration of Muslim minority, perhaps of any minority, in the world, around 150 million, second only to the Muslim majority country Indonesia.

Delay in Trial of Coimbatore Blast Cases

Letter to E. Aboobacker, 6 April, 2006

I thank you for your detailed note on the Coimbatore Case with special reference to the prosecution of Mr. A.N. Madani.

I have not received the text of the Resolution of Kerala Assembly.

I would also like to know whether all the accused are being defended by a common team of lawyers or whether different sets of accused have their own lawyers. Even so, at the time of final argument, there has to be coordination among all the lawyers. Perhaps a senior lawyer may be the main spokesman for defence and other lawyer may associate themselves with his argument.

No Relief for TADA/POTA Detenues

Letter to AICC, Minority Department, 22 May, 2006

At the first meeting of the NACM held on 20 May, 2006, the question of POTA detenus was discussed. Similarly we also have some TADA detainees still under trial.

Unfortunately the Committee could not formulate any concrete recommendation. I feel in the light of the discussion that first of all the Department should collect the data on number of TADA/POTA detenues, state-wise, when UPA Government came to power and today, on completion of two years. Also, on the number of cases reviewed and the number of detainees released as a result, state-wise.

Secondly, the Department should recommend to the Government to consider a legislation on retrospectivity to apply to both TADA/POTA and secondly, to provide for withdrawal of charges if not framed, say, 12 months after detention and for the conversion of the cases to a criminal case under the IPC or any other law of the land, if the evidence so demands.

Should States have Thought Police?

I - Letter to Mike Ghouse, 6 June, 2006

Your email of 6 June, 2006.

I do not think it is justified to condemn anyone only because he stands accused by the authorities. We should wait for evidence, public trial and conviction. Such knee-jerk reactions only show fear, lack of self-respect and obeissance to the rulers. However, terrorism should be condemned in principle.

II - Reply from Mike Ghouse, 6 June, 2006

Thanks for the note, we appreciate it. We were condemning the thought and act of terrorism

III - Reply to Mike Ghouse, 7 June, 2006

Your email of 6 June, 2006. How does one condemn the ‘thought’? Should we have a thought police?

Can GOI Dismantle LeT Infrastructure in PoK?

Letter to Prem Shankar Jha, 20 June, 2006

Your article in the Hindustan Times (19 June, 2006).

You have drawn a very realistic scenario on the impact of the new phase of Pakistan-based Muslim terrorism in India.

You have also stated that the ISI (which is a state within the state) is in active collusion with the LeT, thus making it impossible for Gen. Musharraf to crack down. But whatever his weakness, we cannot afford a ‘civil war’ or a permanent environment of fear and hatred. Your article is, however, silent on what we ourselves can do. Can’t we put the General on notice that if he does not stop this new wave of terrorism by LeT/ISI, we cannot remain silent spectators? And pin-pointing the LeT infrastructure in Pakistan and in PoK shouldn’t we specifically request him to dismantle it, beginning with the PoK, or we shall be forced to do it for him?

Protest against Vinay Katiyar’s Offer

Letter to Home Minister, 10 June, 2006

The All India Muslim Majlis-e-Mushawarat (AIMMM) strongly protests against the BJP leader Vinay Katiyar’s announcement of a reward of Rs. 1 lakh per terrorist killed by another citizen. This is simply preposterous. The responsibility for fighting insurgency and terrorism all over the country is that of the established government or no private person or group can be permitted to share this responsibility or take the law in his own hands.

Moreover, the AIMMM considers this announcement a political ploy to communalize the situation in the State and to divide its people. It has also noted the wrong claim by the BJP that most of those killed by the insurgents are Hindus. If the security forces killed in action are not counted, the vast majority of those killed by the militants/insurgents/terrorists in J&K are Muslims.

The AIMMM requests you to warn the BJP against playing this divisive and communal game and advice the Government of J&K to take legal action against Shri Katiyar.

Report On Attack on RSS Hqrs, 1 June, 2006

Letter to Ram Puniyani, 16 June, 2006

Your email of 15 June, 2006. You have done a great service to the nation by releasing the Fact-Finding Report on the alleged terrorist attack on RSS headquarters in Nagpur on 1 June, 2006.

We fully support your demand for a judicial inquiry but, legally, the Commission can be set up only by the State Government. But the inquiry should be conducted by the CBI.

Conclusion of the Fact Finding Report

The above raised scores of doubts arise in the mind of every citizen who looks at the whole happening without any bias. The team wanted simple clarifications for these doubts, from the Commissioner of police, Nagpur and approached him continuously for five days. That the CP persistently declined to meet the team and answer these simple strait queries, reveal his unwillingness / inability to face these fair queries. It also suggests that he chose to hide certain facts from the masses.

Group Census Basic for Scientific Research

Letter to PM Dr. Manmohan Singh, 5 June, 2006

The last count of the OBC’s the only one after independence was done by the Census in 1951 but the government decided to withhold the OBC data from publication.

Since then the Census have not collected(?)/published OBC data like it regularly does on SC/ST, despite the persistent demand from many social organizations, academic institutions and even official bodies. Now even the Supreme Court is seeking the basis for 27% reservation for the OBC’s.

I find it totally illogical to determine ‘quota’ for any social group without its population and measurement of its level of backwardness on the basis of uniform scientific parameters which can be factored in the Census process.

However, the 1951 data were released to the Kaletkar Commission and to the Mandal Commission for study and reference. Now that the latest available data are more than 50 years old, it would be useful to place them in the public domain.

We request the Government to have a Caste Census in 2011 or a Special Caste Census earlier, with a limited number of selected socio-economic and educational parameters to determine comparative level of backwardness of every distinct group or sub-group.

We request you to consider these two suggestions.

Categorization within  OBC, SC, ST Proposed

Letter to PM Dr. Manmohan Singh, 17 June, 2006

In every Backward Class conglomerate, whether OBC’s, SC’s, ST’s and or Minorities, a few social sub-groups have swallowed the bulk of the benefits from reservation, leaving the majority of the sub-groups and the people high and dry. To remedy it, Shri V. Moiley, when he was Chief Minister of Karnataka, introduced the categorization of the OBC’s into 5 categories i.e. each category had included the sub-groups which were close to each other in level of backwardness. It may be added that historically Karpoori Thakur, the CM of Bihar in the 70’s was the first to see the exploitation of ‘backward Backwards’ by the ‘forward Backwards’ and he categorized them as MBC’s and put them in a separate Annexure called Annexure II while the other OBC’s remained in Annexure-I. After all the whole idea of reservation is to give every social sub-group an equal opportunity. There can be no equality among unequals.

However, the Supreme Court in November, 2004 nullified the historic categorization of the SC’s in AP among Malas, Madigas and others, because the Madigas who formed the majority of the SC’s but are more backward, found themselves deprived in the distribution of benefits under reservation.

Same thing is happening among the Muslims. Some Muslim Backward Classes react negatively whenever the question of reservation for Muslims as a community arises.

Categorization is nothing more than an administrative decision to divide a large group into several sub-groups according to their level of backwardness.

Categorization is not divisive but preventive of tension and internecine conflicts, it enables each of them to take an independent stand politically and balance themselves in the game of politics according to their economic status.

Shri Chandrababu Naidu initiated categorization in Andhra Pradesh, Shri Rajsekhara Reddy took it forward. The Andhra Pradesh High Court upheld it but the Supreme Court struck it down.

I feel that we should be sensitive to the stirrings within each conglomerate, because every identity is seeking expression, recognition and its due share.

Moreover, every social group has pockets of backwardness which is, therefore, a Backward Class if its average level is lower than that of the State, as a whole.

This is the historic moment to give a scientific basis to the reservation system, to make it equitable, to reach its benefit to every identifiable social group and to the most backward families within it. This can be achieved only by an amendment to the Constitution to provide for categorization within the SC, ST and OBC’s and Minorities, if wide internal disparities persist.

Separate Sub-quota for Justice to Muslims

Letter to Minister of HRD, 19 June, 2006

We appreciate your statement that there should be no reservation on the basis of religion but reservation should not be denied on account of religion. You have also urged that if Muslim sub-communities are not receiving their due, even though they figure in the OBC list, they should endeavour to secure their rights.

In a nutshell the problem lies in that there are many relatively more backward social groups clubbed with forward groups. That is why in Bihar, the MBC were separated with their own sub-quota. Similarly, Karnataka divided the OBCs into 5 sub-groups. Similar demand among the SC’s and even ST’s in Andhra Pradesh, Tamil Nadu and Jharkhand are becoming audible.

Who knows better than you do the historical burden the Muslims have to bear? They are not only backward but subject to bias. This bias factor cannot be neutralized, unless they have a separate quota in proportion to their population and the level of backwardness which is almost the same as that of the SC’s.

We, therefore, request you that in the new reservation regime in education you are building, you may provide a separate sub-quota for Muslims who constitute a Backward Class, measured by the normal parameters of backwardness.

Priority for Upgradation of Higher Secondary

Letter to Planning Commission, 16 June, 2006

We support and have always supported Reservation for Backward Classes in Higher Education.

Indeed, logically this should have preceded Reservation in Public Employment. In under-graduate education, whether general or professional, is taken to mean ‘higher education’, reservation should apply across the board to all recognized colleges, general or professional, aided and un-aided, affiliated to universities or deemed universities, central or State universities.

But we should exclude a few under-graduate colleges – both general and professional, from reservation as Centres of Excellence. They should be very strictly chosen. The total intake, in these undergraduate Centres of Excellence shall not exceed 10% of the total intake capacity, category-wise.

Secondly, there should be no reservation in post-graduate courses or in doctoral research.

The public money we propose to spend on expanding under-graduate facilities, should, in my view, be spent on upgrading and extending higher secondary government schools which provide feeder channels for under-graduate courses, general and professional. This upgradation can be more easily achieved and shall have an immediate impact on the availability of eligible candidates of Backward Classes for general and professional courses.

We request you to give your serious consideration to these suggestions.

I am sending a copy of this letter to Shri Arjun Singh, Minister of HRD.

Simple Parameters Needed to Measure

Level of Backwardness

Letter to Dr. Yogendra Yadav, 23 May, 2006

I have read your alternative proposal (with Satish Deshpande) in the Hindu.

I feel that basically it is too complex to be practicable, when applied nationally or even state-wise.

I suggest that

1.      Group identity, whatever the basis, should replace caste identity for constituting a Backward Class which should allow for further categorization of SC’s, ST’s, OBC’s and minorities which are all artificial constituent.

2.      A set of easily measurable economic parameters should be applied to determine the national and state average for all people and for each social group. The data on a social group, relative to the state/national average, should determine the comparative level of backwardness of the group and it should be indexed with SC as 100.

3.      There should be a caste/sub-caste, group/sub-group census to establish the proportion of each group/sub-group in the States/country.

4.      The quota for each group should be a multiple of population proportion and index of backwardness. Mini group with 1-2% of the population should be allowed to join any major group of their choice. Micro groups with less than 1% of the population should, in addition, be free to form a viable group of their own.

5.      The group quota should be available only to candidates who belong to backward families in the group.

6.      The unutilized quota should revert to the general pool and there should be no carry over from year to year.

7.      There should be a recalculation of the group quota after each Census.

This scheme only requires basic data on each identifiable group which can be easily collected during decennial census and subsequently cross-tabulated group-wise.

The simple parameters to be collected during Census operation may be determined by experts but I imagine they should include:

1.      Level of education in terms of having passed primary education

2.      No. of university graduates per 1000 of population

3.      Ownership/Possession of Shelter

4.      Land ownership

5.      Public employment

I would be glad to come over to your Centre and discuss my proposal with you and your colleagues.

Pan-Indian Co-relation of OBC’s Wanted

Letter to Commission for BC, 27 May, 2006

As reported, the number of notified OBC has increased from 1257 in 1993 to 2297 in 2006 and more may be in the pipeline.

Most of the OBC’s are defined by their ancestral or traditional profession/vocation. Therefore, it should be possible to relate those belonging to the same profession/vocation in different states under one common appellation and thus reduce the total count.

What is more essential is to categorize them broadly according to level of backwardness and estimate their population so that each category may enjoy its due share in the fruits of reservation.

We would request the Commission to consider both these aspects in depth and to place its recommendations before the Central and State Governments.

Time to Remove Illogical Accretions

Letter to Yogendra Yadav, 8 June, 2006

Thank you once again for your continuing contribution to the debate on Reservation in the Indian Express of 4 June, 2006.

Given the segmented structure of our Society and the prevailing incomparable consciousness of religion and caste in formation of social identity and since all 1000 million people cannot be lined up by level of backwardness, we have to begin with the social units as they are.

Caste cannot be the sole criteria of backwardness. Neither can one terminal examination or admission test be the sole determinant of ‘merit’ which is a socio-cultural concept, specially in a  situation of wide economic disparity.

But all religious and caste groups are backward to some extent. So why should the upper castes (you have wisely sub-divided them by religion), be deprived of the benefit of reservation in accordance with their population and level of backwardness? But their quota – a product of proportion of national/state population and backwardness index shall be naturally small but, whatever it be, it should benefit only the backward families among them, since averages conceal disparities as in the case of all B.C’s.

It is, therefore, necessary to define the Creamy Layer more strictly and nationally. It is also necessary to provide that the unutilized quota of one backward group should be transferable to the next lower group on the scale of backwardness, but not ‘carried-over’..

Therefore, it is also necessary that unjustifiable devices like ‘carry-over’ and ‘reservation at the second level or promotion’ should go.

It is also logical that management and NRI quotas should go; they only fuel commercialization and resentment. Other quotas like VC’s quota or government quota or ex-servicemen’s or the disabled’s quota should also go as they cut into the rights of the groups though the last two may be given a weightage in each group.

As for the gender justice, every group quota should give preference upto 50% to women, who have the minimum qualification.

The ‘Caste Census’ with uniform and accessible backwardness parameters common to all social groups should allow for re-determination of their quotas every 10 years. Hopefully the ‘general pool’ will then expand.

But I agree with you that the primary determinant of progress quota is access to equal school education of quality to all our children. We are indeed paying today for our national failure to implement the Constitutional promise of 1950 of free and compulsory elementary education upto the age of 14 (which should be extended to age of 15, to cover the normal schooling period).

Even though I stand squarely for reservation I consider it a tactical mistake to target a few centres of excellence in professional education at the undergraduate level. They should enjoy autonomy to decide their own response to the call of Social Justice. Secondly, increase of seats does not solve the problem; it only defers the final reckoning.

Modalities of Affirmative Action Should be Spelled Out

Letter to Dr. P.B. Mehta, 23 May, 2006

I have read your letter of resignation from the Knowledge Commission. I looked for concrete alternatives to reservation. But there is not much. You have endorsed introduction of economic criterion for identifying and measuring backwardness. But in a segmented society like ours the question of social justice will persist, because people cannot be divided into two classes only the affluent and the deprived. Since the demands of all the deprived cannot be meet, they will have to be categorized and in each category you will have different social identities jostling and competing against each other. How do you resolve the situation in a manner that satisfies each competing identity? My point is that to deal effectively and harmoniously with the huge mass of humanity we have, we have to recognize the group identities. In our society, religion, caste, race and language are the basic identities both at the national and at the state level, even at sub-state levels and their aspirations to have a modest bite of the cake have to be satisfied.

Your second suggestion is basic – ‘increase the supply of good quality institutions at all levels’. But you know the mess we have made of school education and you appreciate the ‘knowledge’ disparity between an average matriculate and the product of an elite school or even CBSE.

It will take ages to provide equal primary education not to speak of secondary education to all our children.

I would go along with you to suggest that some selected institutions, at the post graduate levels, which are centres of excellence, should be open to merit alone. But what do we do with undergraduate professional institutions. I know that ‘quota’ students trip and cannot even follow the classroom teaching in medical and engineering colleges. Hence what is needed are preparatory institutions which take in providing OBC students for coaching, say, those who have secured first division.

I also feel that students from backward classes in competitive admission test should be given a 5-10% weightage because after all the examination marks are no absolute measure of merit.

You have hinted at other ‘radical forms of affirmative action’ but have not spelt them out. Will you please?

I find that The reservation system, as in practice, is highly flawed in many ways. I feel that it needs to be revamped. For one thing, whatever the quota, the ‘carry over’ must be stopped; it is a public loss. The Creamy Layer has to be redefined. In fact, access to quota benefit should be only to a candidate, whichever the backward group he belongs to, who himself comes from a backward family. The backwardness of a group should be defined in terms of some simple and measurable parameters – equally applicable to all groups – like % of population which has done primary; % of family with a dwelling; % of families with a government job; % of families which has at lest 1 acre of land. This information and other parameters can be ascertained at the Census. Thus group backwardness can be identified in relation to State/national average and it can also be indexed, with that of SC as 100. Quotas for any group can be fixed in proportion to population percentage and index of backwardness. This can be reviewed every 10 years. Hopefully the merit pool will go on increasing and one day it may vanish. In short, reservation should be rationalized as well as universalized. This is one alternative.

I request you to spell out the other alternative forms of affirmative action you have in mind.

Quota for the Group but Benefits to the Eligible Individual

Letter to Prof. Praful Bidwai, 7 June, 2006

This is apropos your article on Reservation in the New Age (4-10 June, 2006). In any scheme of affirmative action (including reservation) one has to begin with the structure of the society. In our segmented society, social units or groups are defined primarily by religion, caste and race. Then, one has to define a set of easily accessible social, educational and economic parameters to determine the level of backwardness of each group and index its level of backwardness with SC/ST’s as 100. One has to have the population of each group (not available because of ban on Caste Census, except in the case of SC/ST). Then alone one can determine a fair quota for each group.

The total of these quotas (either at the State or Union level) may exceed 50 but to my knowledge the SC has not prescribed any absolute cut-off limit. Obviously the total will vary from state to state. This quota should be revised every 10 years. Hopefully the quotas will lower the level of backwardness and, therefore, the quotas for the next decade will be lower for each group and the common ‘merit’ pool will be expanded.

There is no reason to exclude any self-conscious and identifiable caste or community or tribe from this exercise as each contains pockets of backwardness. Why shouldn’t the Brahmins have a quota or the high caste as a whole? Why shouldn’t the Muslims have a quota or even the ‘non-Ashraf’ Muslims by themselves or separately? Why shouldn’t the MBC’s have a separate quota or the backward SC’s and ST’s of their own? However, the SC has barred sub-classification of SC/ST in 2004.

Secondly, this is very important, while the quota is fixed with reference to a group, the benefit should go only to the candidates from the group for education or job, who comes from a backward family because an average always concede internal disparities.

Most importantly, no scheme of AA can make real impact unless all our children have access to equal school education of quality. I also feel that the Parliament should 1) bar all management quotas; 2) more strictly define Creamy Layer for the nation as a whole to allow only the lower half of the people to pass through; 3) stop the carry-over and reservation at the second level in the national interest. This means B. Tech Yes but M. Tech no, MBBS yes, MD/MS no; the junior scale of the IAS yes, the senior scale no; Second Lieutenant in the armed forces yes, Lieutenants no; a Sub-judge yes, district judges no. This double or triple quotas is simply not justifiable once the runners have been brought to a common starting point.

Why should the government instead of widening the opportunities for admission target a few undergraduate institutions which have become symbols of excellence, rather than aim at the other institutions with much larger capacities? So a few nationally under-graduate courses in some eminent medical, engineering, management and even general colleges may be excepted and the colleges given the autonomy to determine how best they can adjust to the call of social justice. The rest of under-graduate education in all faculties should be subject to reservation and reservation equally should equitably benefit all social groups, the whole nation, more or less. I do not think increase of seats is the answer, it simply pushes problem under the carpet and defers the final reactions.

I request you to consider these ideas to promote a balanced consensus.

No Reservation in Post-graduate

Education or Promotion

Letter to Ms. Barkha Dutt, NDTV, 11 April, 2006

I have read your piece “Admission Impossible”. In your heart of hearts you support reservation for lagging groups till they are to be enabled to enter the race of life on equal terms with others. But you are right and I agree with you that the reservation system has become ‘directionless’. It has been always morally questionable when poor Brahmins do not enjoy it and rich SC’s/ST’s do!

I think 50 years later, no group in democratic India can be said to be socially backward. Reservation should be based on educational and economic backwardness and it should be universal. The quota should be based on population and level of backwardness computed on common parameters. Finally, what is most important, quota should benefit only those candidates who themselves come from backward families. The Creamy Layer should be so defined so as to cut ‘them’ out, not to bring them in, and rigorously applied. There should be no quota after the first university degree and after the first gazetted government job.

You will agree with me that such a Reservation would really benefit those who are at the bottom of the ladder and raise the level of the society, as a whole.

No Communalization of Reservation Proposal

Letter to The Hindustan Times, 13 April, 2006

We protest at the transparent gambit of your staff Chetan Chauhan to communalize the government move to introduce reservation in education.

Right from the beginning, Muslim sub-communities have been included in the OBC Lists, in some States since before 1991 when V.P. Singh accepted Mandal recommendations on reservation in public employment, subsequently endorsed by the Supreme Court.

Mandal Commission had estimated that out of 52 per cent OBC population, 8.4 per cent are Muslims. So on 50 per cent principle, Muslim OBC’s are entitled to 4.2 per cent benefit. But in the OBC quota of 27 per cent, no separate sub-quota was provided for the Muslim OBC’s. Like MBC’s (30 per cent out of 52 per cent), the Muslim OBC’s have largely remained deprived as neither can compete against the Forward OBC’s. The Muslims have, therefore, been asking for a separate sub-quota within the OBC quota, or for recognition of Muslims as a Backward Class with a separate quota.

The Government Bill does not amount to any communal innovation as asserted by Mr. Chauhan. His motive is to pour communal fuel to inflame the low key protest which has disappointed the upper castes.

How can MEI’s under Article 30 be compared to government or other aided institutions? Muslims would support a quota for non-minorities in MEI’s, if minorities get a quota in all government and aided institutions.

Investment in Education on Univesalization and Upgradation of Secondary School

Letter to Mr. Shekhar Gupta, 27 May, 2006

Your article on Reservation in Indian Express, 27 May, 2006 focusses on political patronage based on scarcity. By dismantling the quota raj, scarcity which was largely artificial was removed. But abolition of OBC quotas will, on one hand, ease supply for non-OBC’s while restructuring making it virtually access, impossible, for OBC’s.

Your suggestion for matching USA in higher education is simply beyond government’s financial capacity. In USA, higher education is largely funded by private sector. Finally, whatever the availability, backward classes have a right to their share. This is the main flaw in government’s current thinking. Every expansion should and shall generate an additional quota.

We should try to understand nature and scope of positive discrimination adopted in USA and examine whether they can work in India.

My own view is that the State should invest massively in school education to ensure its universalization as well as upgrade its quality, allow universal reservation for all groups (based on their population and level of backwardness) at the under-graduate level, introduce effective criteria for creamy layer to filter out the affluent and the advantaged, bar reservation at post-graduate level as well as declare some post-graduate and research institutions as centres of excellence with admission only on merit.

Why Invest in Rehabilitation of Poor Universities?

Letter to Christophe Jaffrelot, 14 June, 2006

May I refer to your article in the Indian Express (11 June, 2006) on Reservation, focussing on the desirable changes in the rules governing it in the light of current social needs.

I have always admired your knowledge of and insight in the Indian social situation and I broadly agree with you that reservation in education is necessary to enable the State to fulfill the mandates of Articles 15(4) and 16(4) of the Constitution.

However, I do not see why you assign ‘top priority’ to the rehabilitation of the poor universities.

Nearly all our universities, except a few, are sick and have become factories for turning out ‘unemployable’. On the other hand, the pre-university education (higher secondary or Plus 2 or intermediate) is the key to a professional career. There are in turn fed by the High Schools which receive their input through middle (upper primary, junior) schools from primary schools at the base

We are trying to universalize school education (primary to secondary) and to provide uniform education of quality to all our children. This should have the highest priority and the Government must open primary, middle and secondary schools in all deprived areas, which are generally inhabited by the SC’s, the ST’s and the Muslims. But for immediate impact on the reservation question, the Government must undertake upgradation of higher secondary level so that those who come out, can compete their way into good colleges, general and professional.

Reservation System should be

Revisited and Purged of Inequity

Letter to The Indian Express, 3 June, 2006

I have read Mr. Ajit Doval’s interesting article on Reservation (Indian Express, 2 June, 2006). To build a strong, vibrant India, one cannot ignore the faultlines, prejudices and biases in our fragmented society. To silence social acrimonies, to deal with social rivalries natural in an emergent economy, to integrate and consolidate the nation, to acquire legitimacy for the system in the eyes of all our people, our policies have to be geared towards Social Justice, to satisfy all deprived groups, now asking for a piece of the national cake.

We have to ensure that justice is done to the deprived because any deprivation from the fruits of progress will create suffocation and alienation, perpetuate fragmentation and generate a sort of 4 GW, hopefully with low fire power, but unhappily widening the area of conflict to every village and mohalla.

Reservation in favour of all identifiable groups in proportion to population and comparative level of backwardness is the only feasible means of introducing justice in higher education and public employment – apart from universalization of school education of uniform quality and expansion of facilities for higher education.

On the other hand, the reservation system which has itself bred many inequities needs to be revisited and purged of irritants like carry-over quotas, in promotion in public employment and in admission to post-graduate courses, general and professional.

I also feel that reservation should not apply to a few selected centres of excellence which can serve as national models. Also management and NRI quotas must go because they only serve to commercialize education and as pastures for the rich.

Universal Reservation at Degree Level but Exclude Centres of Excellence

Letter to The Hindustan Times, 8 June, 2006

Apropos Dr. L.M. Singhvi’s article ‘Pulse of the Nation’, I question his equation of a group of doctors agitating against extension of reservation to education with the ‘nation’ as well as his depiction of the act as ‘heroic’. The agitation was limited, manufactured and encouraged by some opposition political parties speaking with their mouth in the check and the elite media.

I wish Dr. Singhvi had let them resign en masse. I have seen many agitations and the bark is always louder than the bite.

Having said this I may add that much as I support reservation in all degree courses, general or professional, in all government and government-aided institutions, I am in favour of excluding selected centres of excellence, to serve as models for the nation and abolishing NRI and management quotas in all such institutions.

I also regard doctors and engineers entering in civil services as a waste of national resources.

Time for Uniform and Accessible Parameters to Measure Backwardness

Letter to The Hindustan Times, 12 June, 2006

Prof. Dipankar Gupta’s Article ‘Sweeping Statement’ which argues against equating castes with classes has come too late to galvanize the country into overnight rejection of castes and religions as the foundation stone of social identity, after they received judicial endorsement in Inder Sawhney judgement. Even statistically, it is impossible to line up 100 crores people of India in accordance with their relative backwardness, whatever the parameters.

However, it is time to have uniform and easily accessible social, educational and economic parameters, have group census, determine the backwardness of all social groups in relation to the national or state average of each parameter and scientifically assign a quota to every identifiable and self-conscious group based on its population and relative backwardness, which can be indexed with SC/ST as 100. This exercise should be repeated every 10 years. Backwardness would hopefully go down with development and the ‘merit’ or ‘general pool’ will expand.

Some other distortions in the current system have to be revised but neither religion nor caste as budding block of social identity will disappear overnight.

Communitarianism is Not Communalism

Letter to The Times of India, 13 June, 2006

Apropos Prof. Gurpreet Mahajan’s castigation of reservation as an attack on Secularism (Times of India, 12 June, 2006). Castes and sub-castes, religions and denominations are facts of life and budding blocks of social identity. It is natural for all social groups which become conscious of their dwindling share of power as well as of those which aspire to their due share, to take resource to identity politics, till their share reach an acceptable equitable level.

Prof. Mahajan should differentiate between communitarianism which is positive and directed inward and communalism which is negative and directed outward. Let every group endeavour to build itself, without standing in the way of others receiving an equitable share of national resources for development. Such universal effort will hasten the transformation of our backward and unjust society into a progressive and just society.

As for religious and linguistic minorities, the Constitution and the Supreme Court have defined them in relation to the demography of the State. So the Hindus in J&K and NE State are a minority as Muslims are in all States except J&K. Every major linguistic group (Schedule 8) is a minority outside homeland, with the exception of Urdu and Sindhi which have no homeland. So why shouldn’t they be allowed to have minority educational institutions under Article 30(1)? However, one should draw a line on denominations and dialects, so that Article 30(1) does not become the instrument of further division existing religious communities and linguistic groups.

Reforms Needed in Reservation System

Letter to The Times of India, 15 June, 2006

Apropos your editorial (14 June, 2006) on Caste vs Class, since 100 crores of people of India cannot be lined up for judging comparative backwardness and eligibility for benefit of affirmative action, the national society has to be broken up into convenient social groups for determining relative backwardness. In our segmented society, social identity is based primarily on caste, language, religion and race. Therefore, by applying uniform and easily accessible parameters to all identifiable social groups like: 1) Number of matriculates/university graduates per 1000 population; 2) Average value of capital assets per family; 3) Average annual family income; 4 & 5) Average number of non-gazetted and gazetted government servants in the family; and 6) Average size of the family. (This is only an illustrative list) the State can determine their level of backwardness and index it with SC/ST as 100 and then fix the quota/sub-quota, as the case may be, as a multiple of its share of population and its index of backwardness. However, the benefit of quota for a Backward Class should be available only to the individuals from Backward families.

The SC/ST were singled out because they existed as constituent conglomerates in 1947. However, now there are clear lines of stratification and they need to be sub-classified. So do various sub-groups included in social conglomerates like OBC/MBC/Minorities.

The quotas of the Backward Classes will obviously go down if a scientific determination, is repeated every 10 years. On the other hand, the upper castes which also have pockets of backwardness should gain a quota.

We support your call for sub-classification which should be scientific with a carefully drawn roadmap to take us towards a new dawn when all groups shall attain more or less the same level of development and there shall no constitutionally identifiable B.C.

Separate Sub-quota for

Muslims within OBC Quota

Letter to Dr. M.K. Sherwani, 22 May, 2006

Your email of 21 May, 2006 on separate sub-quota for Muslims within the OBC quota. I support it as a second preference. However, you have not stated what the quantum should be. Obviously, it cannot be 8.5% under Mandal. If OBC’s constitute 54% of the national population, the Muslim Sub-quota would only be (8.5 x 29.5 ÷ 54) i.e. 4.5%.

My first preference is that Muslims should plead for universal reservation for every identifiable group, based on its share of population and its level of backwardness. Assuming Muslims to be nearly as backward as the SC/ST (say 80%) it would come to 13.3 x 8 ÷ 10.64, say 10%.

Reservation Only Way to Eliminate Communal Bias

Letter to Prof. Juzar S. Bandukwala, 18 May, 2006

Your email of 17 April, 2006 and your article in EPW.

Your article covers a wide span in time as well as contemporary situation. So it loses its focus.

Madrasas are not important in the overall context, as only 5% of Muslim children go to Madrasas. In rural areas children attend Madrasas because there are no government schools. Education is a primarily state responsibility. This applies to colleges also. Why should the Muslim concentration areas be deprived?

Reservation is needed for any backward group in a segmented society. Assuming AMU to adopt open door policy, by statistical logic, it would not have any more than 13.3% Muslim students – specially in all marketable courses! The SC has ruled in favour of reservation in minority educational institutions. The question is: does Article 30 include a university?

In government jobs, how do you eliminate communal ‘bias’ in selection, particularly in lower jobs? There has to be reservation also in flow of bank credit, distribution of benefits of social development and welfare schemes and in legislatures for all deprived groups.

Plea for Universalization of Reservation

Letter to J.M. Khan, 22 May, 2006

Your press release on the question of reservation. Reservation purely on economic criteria shall be advisable but here again unless Muslims have a separate sub-quota they would be marginalized as, you rightly say, they have been marginalized in the operation of the OBC quota. But introduction of economic criteria calls for constitutional amendment to which SC/ST will not agree.

I have been pleading for universal reservation for every identifiable group with a quota based on its population or its comparative (with SC/ST as 100) level of backwardness and targeting the benefit in each group to actually backward families, thus eliminating the creamy layer.

If you have the time, I request you to see me.

Demand for Muslim Quota Should be Precise

Letter to Mr. M.J. Khan, 13 June, 2006

Thank you for your email of 12 June, 2006 and the minutes of the meeting of 7 June, 2006.

I am afraid, the demands lack precision.

First demand should say ‘based on its equitable share of 8.34% in the OBC population, as determined by the Mandal Commission’.

Second, demand should ask for amendment of the Presidential Order of 1950. Notification will not do.

Performance of Namaz in Protected Masjids in Accordance with Agreement of 1 March, 1984

Letter to Prime Minister Dr. Manmohan Singh, 19 May, 2006

It has been reported that you recently responded with sympathy to the demand made by a Muslim dignitary that the Protected Masjids be opened for performance of Namaz.

I am writing this letter to apprise you of the agreement reached by the All India Muslim Majlis-e-Mushawarat (AIMMM) on 1 March, 1984 with the Indira Gandhi Government at a meeting, at which the Government side was led by the then Minister of External Affairs Mr. P.V. Narasimha Rao accompanied by Mrs. Sheila Kaul, the MOS for Education and 2 other Congress Ministers and some MP’s. The AIMMM Delegation led by the late Mr. Ebrahim Sulaiman Sait and the undersigned, had issued a Press Note. The contents of the Press Note were never contradicted by the Government. The text of Press Release of 1 March, 1984 follows:

“At the initiative of the Prime Minister Smt. Indira Gandhi, the All India Muslim Majlis-e-Mushawarat Delegation held discussion today with Shri P.V. Narasimha Rao, Minister for External Affairs, Smt. Sheila Kaul, Minister of Education, Shri Khursheed Alam Khan, Minister for Tourism and Mr. C.K. Jaffer Sharief, Minister of State for Railways on the question of the restoration of Namaz in the protected Mosques.

It was agreed in principle that there shall be no prohibition on the performance of Namaz in any protected Mosque anywhere. But, care has to be taken that no structural changes, which would affect the architectural character of the Mosque shall be made. A detailed agreement is being worked out...”

This was followed by my letter of 5 March, 1984 to Shri P.V. Narasimha Rao, inter alia, stated:

“If I may recapitulate, the following was agreed: -

“(i)      In principle, there shall be freedom of Namaz in all protected mosques everywhere.

(ii)      Casual prayer by Muslim tourists or visitors shall be permitted everywhere during working hours.

(iii)    Congregational prayers, whether Id, Friday or daily, shall be permitted if there is local demand and there is no alternative, if the mosque is located in a Muslim area, provided it does not call for any amenities or facilities which will require any structural change which would affect the architectural or historical character of the mosque. Such requests as and when received shall be considered sympathetically.

(iv)    As far as possible, the Department of Archaeology shall post Muslim attendants to look after the protected mosques.

(v)      The Department shall allocate adequate funds from its budget for the maintenance and repair of protected mosques.”

Unfortunately the agreement was neither formalized nor implemented. The ulcer continues to bleed.

On formation of your government we brought the agreement to the notice of Shri S. Jaipal Reddy, Minister of Culture and requested him to implement it or hold further discussions, if necessary. He did not. We have subsequently written to the present Minister of Culture, with no response.

We request that you kindly advise the Minister of Culture to ascertain why the ASI is not prepared to implement this agreement though it is limited and not sweeping in its scope and balances the demand of conservation with the felt need of a local Muslim community to use the existing Masjid in their locality for Namaz and take over of it.

We feel that the terms of this agreement are still applicable. A resolution of this longstanding issue on its basis will remove a felt grievance of the Muslim community.

Revision of Army Construction near Sultangarhi

I - Letter to Pranab Mukherjee, 6 April, 2006

The Army plans to build quarters for married officers close to the 13th Century monument of Sultan Garhi, which is the first notable Islamic tomb in the country. It is acknowledged as a Category A Monument in INTACH’s “Delhi: The Built Heritage”. The DDA is developing a green zone to protect it but with the Army construction, the environment of the monument shall be ruined beyond repair.

We request you to instruct the Army to revise the construction plan.

II - Minister of Defence’s Reply, 8 May, 2006

I am in receipt of your letter dated 6th April, 2006 regarding revision of the proposed construction plan by the Army authorities at the proximity of Sultan Garhi the 13th Century monument.

I am having the matter looked into.

Regular Inspection of All Protected Monuments

Letter to INTACH, Delhi Chapter, 13 June, 2006

No one is more aware than you are of hundreds of protected and unprotected monuments in Delhi and that for paucity of resources and lack of concern, the ASI or the Delhi Department of Archaeology are not addressing the problem of conservation on even of routine repair and maintenance.

Newspaper reports occasionally focus on the neglect of our precious cultural heritage.

I request that the Delhi Chapter of INTACH may take up a programme to visit these monuments at least once a year and report on their physical condition and management to the ASI, Delhi Government and the Delhi Wakf Board as well as the INTACH national executive and request them to take appropriate remedial measures with the help of NGO’s like RWA’s and industrial and commercial enterprises.

Why Revive Demand for Deletion of Art. 44?

Letter to GS, AIMPLB, 6 April, 2006

I was surprised to note from the press that the Meeting of State Conveners of Islah-e-Maashra Campaign, held in Lucknow on 31 January decided to demand scrapping of Article 44 of the Constitution. It was reported as a demand of the Board, which it was not; not even that of its Working Committee.

I know it was one of the original demands of the AIMPLB. It had also figured in the Constituent Assembly and was rejected. But we learnt to live in the world of reality and we only demanded that the Muslim Personal Law could not be changed without the initiative of the community and that no common/uniform civil code could be imposed on the Muslims.

It is a most unwise demand which marks a regression to the past. I fear that such demands are likely to make the public opinion and that of the intelligentsia even more hostile then it has been or is. An extremist stand will kill the prospects of a useful dialogue with the government on other aspects.

No Legal Authority for Darul Quza for Adjudication

Letter to Yusuf Hatim Muchhala, 7 April, 2006

I thank you for your letter of 29 March 2006 on the drafting of the AIMPLB’s affidavit in response to the notice of the Supreme Court in the CWP filed by Shri V.H. Madan.

I see the point that the adjudicatory authority of the Darul Qaza in some matrimonial cases and consequently its quasi-judicial role fall within grey areas of law needs to be thoroughly under research.

I feel that whatever its history, technically the Darul Qaza cannot assume judicial authority. In the final analysis, if its decisions are accepted by the parties and the community there is no problem. But if any party feels aggrieved, it can always ignore it and knock at the door of a civil court as if he/she had never approached the Darul Qaza. So I question the basic strategy whether the Darul Qaza should seek a cover for its judicial role through this W.P. In fact, the AIMPLB should try to save the institution of Darul Ifta and Darul Qaza as machinery for reconciliation in matrimonial and succession disputes through its good offices and for advising the parties on the questions of involving the Shariat. The AIMPLB cannot expect to achieve more than this, except through legislative action.

Performance of Namaz by Women in Dargah

I - Letter to Nazim, Dargah Khwaja Saheb,13.6.06

The participation by women in Namaz-Jamaat or individual performance of Namaz by women in the Dargah Campus cannot be banned. What is desirable is:

1.           To allocate specified area exclusively for women at the side of the general congregation;

2.           To stop inter-mixing in Dargah campus at any time and to reserve areas for men and women Zaireen and to ask families to move away from the Dargah’s main campus to the peripheral areas – dalans and Hujras.

II - Letter, 19 June, 2006

I am glad that the storm over the participation of women in Namaz in the Dargah campus has proved to be a tempest in tea-cup.

I would request you to prepare a map of the entire campus and its allotment for various purposes, the division of the area next to Mazar Sharif between men and women, the reservation of the outlying areas of the campus for families or women with children.

Ever since my association with the Dargah Sharif, I have been of the view that the entire campus from the Nizam Gate to the other end be re-designed architecturally to have the same level and the non-religious additions and accretions be removed or relocated. This will facilitate the flow of the Zaireen during the Urs and provide safe areas for women and children and for Namaz and Ziarat by them.

Compulsory Registration of Marriages Bill

Letter to GS, AIMPLB, 4 April, 2006

At my request, the Chairperson of National Commission for Women has sent me the final draft of the Compulsory Registration of Marriage Bill as submitted to the Supreme Court.

I am sending it to you for your serious consideration. She has drawn my attention to Section 11, and so do I, which empowers the priests/kazis etc. to act as registrar for a particular area or for a particular community.

She has also sent me the Memorandum submitted to her by All India Darul Qazaz for comments. I request you to send your comments to her, under intimation to me.

Registration of Nikah

I - Letter to M’lna Khalid S. Rahmani, 18 May, 06

I have seen your article on Registration of Nikah in Urdu Action, Bhopal of 5.5.2006.

It appears to me that you have not yet studied the Bill prepared by the National Commission for Women.

As far as I can see, the Bill recognizes Nikahkhans and Qazis as Registrars; 2) Registration has nothing to do with religious requirements and rites, it is not a condition for Nikah but only a post-Nikah administrative service; 3) the Bill does not assume to be as the conclusive proof of marriage.

I suggest that you may kindly study the Bill and propose specific changes you may deem fit. A theoretical discourse at this stage only complicates matter.

II - Letter to President, AIMPLB, 19 May, 2006

May I draw your attention to the observation by the 3 Judge bench of the Supreme Court on non-recognition of ‘instant’, ‘unilateral’ or ‘triple’ divorce in the Najma Bibi Case?

In this case a section of the Muslim community in Bhadrak, Orissa, has objected to the couple living together, after divorce was ‘pronounced’ by the husband in a state of intoxication.

I feel that on this question, the Board has two options to accept the Supreme Court ruling or to ask for review. In my view, if it decides to contest the ruling, it would be fighting a battle which has been lost before it begins.

I feel it is time that the Board review its stand, go beyond the model Nikahnama and declare, as the SC has done, that only a divorce in accordance with the procedure laid down in the Holy Quran will be recognized as legitimate and valid.

Editorial on Nikahnama and Talaq

Letter to The Times of India, 5 June, 2006

Your editorial on Nikahnama ( 5 June, 2006). A Nikahnama is better than no nikahnama, provided it is widely accepted and put into effect.

The ‘teen tuher’ applies to the time period a divorce should take to be finally effective i.e. the wife should be divorced thrice, once in each ‘tuher’, with two efforts at reconciliation during the two gaps. Only after the third pronouncement, the divorce becomes final and irrevocable. Only then, the divorcee is to leave the marital home but she has to be given adequate maintenance and residence for the Iddat period.

Your other suggestions are well-taken but the right to divorce vests in the husband and there can be no gender parity in this regard. I am not aware if the law of the land, including any personal law in force, has such a provision.

SC on Essential Modalities for TALAQ

Letter to GS, AIMPLB, 6 April, 2006

Recently the Supreme Court has granted right of ‘divorce’, and allowed dissolution of marriage, to two Hindu women who were in distress: 1) because of the husband being mentally ill and unable to perform his conjugal duty; 2) irretrievable breakdown of marriage.

The Supreme Court set aside the judgements of lower courts including High Court and advised government to make necessary changes in Hindu Law.

It seems to me that Hindu Law is moving away from its orthodox view of marriage as a permanent sacrament towards that of Islam which regards marriage as a civil agreement, with sanctity. It has also adopted women’s right to divorce for cruelty and dissolution for irretrievable breakdown of marriage. Both these Islamic principles will now be incorporated in the Hindu Marriage Act, 1955.

I think the Board should obtain the two judgements and give publicity to these cases. This will go a long way both to establish the universality of the Shariat and its relevance in modern time.

Modernization of Mixed Slaughter House

Letter to Lt. Governor, Delhi, 5 June, 2006

Please refer to my letter of 21 March, 2006* proposing advance briefing of the Ulema on the purpose, organization and technical modalities of the proposed slaughter house at Ghazipur to avoid any religious objection after it has been established, with an enormous expenditure.

I have received no reply from you or the Chief Minister or the MCD.

I would be grateful to be informed whether any action has been taken or is contemplated on our advice.

*Already published in January-March, 2006 Bulletin at Page 29.

Admissibility of DNA Test in Rape etc.

Letter to Islamic Fiq’h Academy, 13 June, 2006

We would be grateful for the text of the decision of the IFA at its Mysore Session on inadmissibility of DNA test to determine criminal liability in cases of rape, theft and murder.

On State Assembly Elections, 2006

MMM Resolution, 10 June, 2006

The MMM reviewed the results of the recent Assembly elections in Assam, West Bengal, Kerala and Tamil Nadu and expressed its satisfaction that the communal forces have been contained or decimated and secular parties/fronts had formed State Governments. However, it regrets that though the total number of constituencies with Muslim winners or runner up or both has almost attained the number of seats demographically due to the Muslim community, in all States (except Tamil Nadu) the community remains under-represented and ascribes it basically to the secular parties not fielding adequate number of Muslim candidates and to the division of Muslim votes among rival political formations. 

The MMM considers it imperative that at the constituency level, the Muslim electorate votes massively and unitedly for one candidate who should be selected by the Muslim Majlis-e-Mushawarat taking into account the views of the local community. The MMM, convinced of the correctness of the Guidelines it issued on the eve of the election, however, considers that much remains to be done especially the construction of a strong and united Muslim platform at the State/Constituency level in order to establish a meaningful dialogue with the major secular parties in the state and to address the problem of choosing the right candidate in every constituency through consultation with the local community.

Reconciliation between Congress and AUDF Urged

Letter to Digvijay Singh, 27 May, 2006

What was expected to happen in Assam has happened. The Congress was reduced to a minority. But it has formed a coalition with a Bodo faction, the BPPF (Hagrama). However, I strongly suggest that the Congress should try to heal the wounds and maintain a posture of goodwill towards the Muslim community and try to reach out to the AUDF. The Congress should not try to break up and absorb the AUDF which sound it for its terms to join the Coalition on terms of equality. Now that it has proved its point and at the same time realized the limits of its anti-Congressism, the AUDF may perhaps welcome reconciliation of the Muslim community with the Congress.

Such a reconciliation and a broad-spectrum government will be in the larger interest of the State, particularly in maintenance of social harmony in Bodoland.

Performance of Gogoi Government to be

Reviewed After 100 Days

Letter to Nazrul Haque Mazarbhuiyan, 3 June, 2006

I thank you for your detailed analysis of Assam Situation in your letter of 3.3.2006.

Generally, I agree with you and support your view that AUDF should have made an alliance with either Congress or AGP.

I would suggest that you should held the proposed meeting after Gogoi completes 100 days in power. You should give him/Congress to learn from their neglect of legitimate Muslim grievances. This is also some rethinking in the Congress to establish a modus vivendi with AUDF.

Advice on Phase-II

Letter to MMM, Assam, 7 April, 2006

I attach a list of 25 seats with one or more Muslim candidates in the second phase without counting the UDF candidates, if any, among the independents. In 10 only one party has fielded a Muslim candidate. So our choice is clear. In another 15 there are more than one, sometimes 4. Most of these seats were won by INC in 2001. This time the Muslim vote is likely to be more divided. Yet INC may win a seat simply because votes in opposition may be divided.

The MMM, Assam should not support any one party across the board. It has 2 options either indicate the strongest Muslim candidate in the constituency or leave it to the local community to identify the strongest candidate. The MMM should advise them to vote for the strongest and likely winner so that their votes are not wasted and the local community has a Muslim MLA to approach, when in difficulty.

Since we have almost no information about the candidates, only through your contacts you can judge which Muslim candidates (including the UDF candidate, if any) in a given constituency has the best chance to win. Grateful for your immediate advice in the light of our general guideline of 21.3.2006.

Assam Election, 2006 - Results

Break-up of Winners by Political Parties

Muslim Winners & Runners-up, Party-wise

On BJP’s Reversion to Hindutva

MMA Statement, 8 April, 2006

On Political Line of JIH

Letter to SG, Jamaat-e-Islami Hind, 6 April, 2006

We have noted the announcement by the JIH, Kerala, of support o the Left in the coming Assembly Elections. This is unusual and contradicts the longstanding approach of the AIMMM, to which the JIH has always been a party.

I enclose for your information a copy of our General Guidelines for the current elections.

The Left has never been politically untouchable. In our calculations, we have taken it to as secular as any other party or front which calls itself secular.

But this means that the Muslim voters cast for the LDF in constituencies which they lose will be wasted and the Muslims may become a factor in the defeat of Muslim candidates put up by the UDF.

This development is very serious and we should have been consulted before the public announcement.

AIMMM Guidelines for Kerala

Letter to MMM, Kerala, 24 May, 2006

The Kerala Assembly Election is behind us. I am not bothered with which Front formed the Government but I am concerned about fall in the representation of the Muslims in the Assembly and is the State Government.

I think it is time for the Muslim community to rethink its strategy. There are bad eggs in every party, they should have been identified and defeated, but why take a stand against IUML or Congress?

Mushawarat’s formula should have been more productive.

1.                 Identification of Muslim concentration seats

1.            Advice to all leading secular parties to field Muslim candidates in those seats, if possible, only one by consensus.

2.            If no party puts up a Muslim, support any Muslim independent of standing.

3.            If only one party puts up a Muslim candidate, support him.

4.            If more than one parties put up Muslim candidates, support the more winnable with better reputation and standing in the local community.

Kerala Election, 2006 - Results

Muslim Winners & Runners-up, Party-wise

Guidelines for Tamil Nadu

I - Letter to Dr. Abdul Sattar, 4 April, 2006

Your email of 3 April, 2006 and our subsequent conversation. First let us have a complete list of Constituencies in which either DMK/AIADMK or other recognized parties have fielded at least one Muslim candidate.

If there are more than one Muslim candidates (not counting independents) in any Constituency, MMM, Tamil Nadu has to decide who is more likely to win. For this, it may be necessary to contact local community leaders. You/Samad Saheb may do it in any way you like. However, I caution you not to canvass for or engage in electioneering for any candidate. The MMM, Tamil Nadu may only issue endorsement letters to the candidates of our choice as well as appeal to the secular voters in English and Tamil to vote for our choice.

For other seats, MMM, Tamil Nadu has to review the DMK and AIADMK in terms of

1)     Items of Muslim interest in Manifesto

2)     Proportion of Muslims among fielded candidates

3)     Past record

Then it can give a general line for guidance and leave it to the secular voters to decide who is the strongest and most winnable candidate of a secular party. Muslims should support likely winners, not losers.

II - Letter to Dr. Abdul Sattar, 13 April, 2006

According to seat sharing in Tamil Nadu, the Alliance of DMK, Congress, PMK, CPI(M) and CPI is contesting 234 seats. The other alliance is dominated by AIADMK and MDMK. We do not know yet which alliance is putting up more Muslim candidates or what they promise to the Muslims. Generally AIADMK is closer to the Hindutva ideology and the DMK is closer to Secularism. But MMM, Tamil Nadu should not support any alliance across the board. In any case we should act according to our guideline for Muslim concentration seats:

1.      If no Muslim candidate, support the more winnable of the two alliances

2.      If there is only one Muslim candidate, support the Alliance fielding him

3.      If there are more than one Muslim candidates fielded by the two alliances, support the likely Muslim winner, if acceptable to local Muslims.

On other seats, the MMM should not take a public stand on any particular candidate.

Tamil Nadu Election, 2006 – Results

Muslim Winners & Runners-up, Party-wise

Guidelines for West Bengal

Letter to MMM, West Bengal, 13 April, 2006

Checked the Phase-I list. We find that 23 seats have one or more Muslim candidates. The PDF list is not available as PDF candidates, if any, would be listed as Independents. Of these there is only one candidate on 15 seats divided among CPM (1), INC (7), AITC (7). MMM, West Bengal should normally endorse these candidates.

In 7 seats, there are 2 candidates of either CPM, INC, CPI or AITC. In these we may omit AITC from consideration. In 5 of them AITC has a candidate. If AITC is omitted, we are left with 3 INC and 4 CPM/CPI candidates.

In 73-Chapra, there are 4 candidates, CPM, INC, AITC and CPI(ML)(L). I think you should consult the local Muslims about the quality of the candidates.

We may make a few exceptions if the PDF candidate (an Independent) is outstanding and likely to win.

Please announce your support after consulting other office-bearers and members of the state executive.

Request for Review of Results

Letter to MMM, W. Bengal, 29 May, 2006

We have not had any report from you since my visit to Calcutta on 3 April, 2006. We do not know if the MMM issued any general or specific guidelines at various phases of the Assembly elections.

I was out of the country between 14 April and 16 May, 2006 and so I could not follow the course of the election.

I know that the Left won the election and the CPM itself won more than half the seats.

I am particularly anxious to know

1)     Whether MMM, West Bengal identified Muslim concentration seats and informed major parties;

2)     Which parties (Left, Congress, TC) put up Muslim candidates in those seats;

3)     Which candidates MMM endorsed;

4)     Whom the Muslim voters largely supported;

5)     Who won the seats;

6)     The total number of Muslim MLAs;

7)     Reasons why the Muslims are still under-represented:

             a)     because of lack of Muslim candidates of major parties;

             b) because of more than one Muslim candidates in Muslim concentration;

             c) division of Muslim votes; or d) low out-turn by Muslims.

I hope you are coming for the MMM meeting on 10 June, 2006. I request you to prepare a written report on the election on the above lines.

Under-representation of Muslims in CPI

Letter to A.B. Bardhan, GS, CPI, 19 May, 2006

I have just seen the names of CPI MLA’s in the five States which have had Assembly elections. I am shocked to find that of 33, only 1 is a Muslim. This may be attributed to various reasons:

1.      CPI fielded only a few Muslim candidates.

2.      CPI could not contest Muslim concentration constituencies.

3.      CPI fielded non-Muslim candidates in Muslim concentration constituencies in accordance with its policy of selecting candidates on ideological ground and party linkage rather than demographic compulsions.

Whatever it may be, I have the impression, but I may be wrong, that Muslim youth are much less interested in Left politics than they were, at least in my university days, 50 years ago.

West Bengal Election, 2006 – Results

Muslim Winners & Runners-up, Party-wise

Plea for 50% Reservation for Women

within Group Quota

Letter to Sharad Yadav, 10 April, 2006

We are glad to note from your article in the Asian Age (29 March, 2006) that you support the idea of dividing women’s reservation quota among women of the SC, ST, OBC and Minorities in due proportion.

We welcome your proposal. But we feel that this should also apply to 50% reservation for women in Panchayats in Bihar and suggest that, by the same logic, that quota should be divided proportionately among the SC/ST/OBC/Muslims. You may like to advise Shri Nitish Kumar accordingly.

Plea to Mandate All Parties to Reserve

50% for Women

Letter to Jaya Jaitly, 3 June, 2006

With reference to your article on reservation for women, I feel that you have missed the main mental roadblock i.e. the fear that women’s quota shall be swallowed by high castes.

I have been suggesting that though gender is the only natural difference between man and woman, it is sub-sumed in social differences. So to link the two ideas, you should demand 33% or even 50% quota for any social group to be reserved for women and also a law to mandate all political parties to reserve 50% of party offices at all levels and candidatures for legislatures in favour of women.

On Inclusion of Muslim and Christian SC’s & Exclusion of Hindu SCs on Change of Religion

Letter to Chairman, NCRLM, 10 June, 2006

The All India Muslim Majlis-e-Mushawarat (AIMMM) reiterates, in response to your public invitation, its views already submitted to you on the question of exclusion of SC’s from the SC category on change of religion.

The AIMMM is of the view that the ab-initio definition of the SC’s relating it to profession of Hinduism was itself erroneous and against the spirit of the Constitution and has become increasingly so because of the inclusion of the Sikhs and the Buddhists.

The AIMMM recalls the government assurance on the floor of the Parliament to include Christians and Muslims.

The AIMMM considers that the problem has 2 aspects: 1) the inclusion of those Muslim OBC’s who have a common origin and perform the same vocations as their Hindu SC counterparts but profess Christianity or Islam; 2) the non-exclusion from the SC list of those individuals and families who change their faith to Christianity or Islam.

The AIMMM considers that the disability of the SC’s who are Hindus as distinct from atrocities have mellowed during the last 60 years, while the Christians and Muslims who share their caste origin with Hindu SC’s have become increasingly subject to educational and economic backwardness and even physical attacks.

The AIMMM, therefore, is of the view that a) religious qualification in the definition of SC should be deleted; b) all groups who have a common origin and whose families had or have a common vocation as the groups listed as SC’s should be designated as SC’s; c) there should be no bar on the exercise of right to freedom of religion or of conscience by the SC’s.

SC Quota should Increase with

Induction of More Groups

Letter to The Times of India, 27 May, 2006

Apropos Shri Subodh Ghildiyal’s piece on removing the bar on Muslims and Christians to be included in the SC List on par with Hindus, Sikhs and Buddhists, the present constitutional regime is patently discriminatory. However, if more groups are allowed in the SC List, quota also needs also be equitably increased in accordance with total population.

Also the SC’s have to be eventually categorized by levels of backwardness, though the Supreme Court has frowned upon the AP experiment.

Christian Council’s Stand on Quota

I - Letter to John Dayal, 12 June, 2006

I appreciate your statement of 11 June, 2006 but I feel that you should fight for inclusion of both Christians and Muslims of SC origin and for the freedom of religion and conscience, in principle.

I agree that there is no reason for the Misra Commission to delay a Special Report on this subject.

II - Letter to John Dayal, 13 June, 2006

Your email of 12 June, 2006.

Establishment of Central Madrasa Board Misconceived

Letter to Chairman, NCMEI, 4 April, 2006

It has been reported that the NCMEI has recommended the establishment of a Central Madrasa Board.

This is a highly controversial issue. The Government of India’s Scheme for Modernization of Madrasas has failed to make any impact. Madrasas have theological and historical roots. Nearly all leading Madrasas were not attracted to the Scheme. The Madrasas affiliated to State Madrasa Board do not carry credibility within the community. The total allocation and actual outlay in the Scheme since its inception speak for themselves. This was no more than a token scheme and very few takers.

Secondly, we do not think it appropriate that the Muslim community be fobbed of with alternative or informal or private system of education. We think that under the SSA, their areas should receive due attention for establishment of regular primary, middle and secondary schools. This should not be diluted. Otherwise, their deprivation will continue and their backwardness will only be perpetuated.

I shall be happy to discuss this matter further with you, if you send me copy of the Working Paper/Draft proposal.

Maharashtra Minorities Comm. Needs Revival

NCM Chairman’s Reply, 20 April, 2006

Kindly refer to your d.o. letter dated 13.3.2006* regarding reconstitution of Maharashtra State Minorities Commission and other related matters. I regret the delay in replying to it.

2.      I have written to the Chief Minister, Maharashtra about the need for an early reconstitution of the State Commission as well as for amendment to the Maharashtra State Minorities Commission Act, 2004 for giving the Civil Court powers to the State Commission on the lines of Section 9(4) of NCM Act, 1992.

3.      As regards your observation that the Maharashtra State Minorities Commission has very limited authority, I may mention that the State Act has some positive features like empowering the State Commission to make assessment of representation of minorities in the State Government, State PSUs and local bodies to make recommendations for maintaining communal harmony and to coordinate implementation of Prime Minister’s I5-Points Programme. Even NCM does not have these powers.

4.      Your suggestion regarding placing a uniform pattern of powers of the State Minorities Commission before the State Governments requires evaluation of the powers of the State Commissions with the powers of NCM. Now that the powers of NCM are being enhanced with enactment of ‘The Constitution (One Hundred and Third Amendment) Bill, 2004’, we can act on your suggestion after the constitutional amendment takes place.

*Already published in January – March, 2006 Bulletin, Page 17

Disaffiliation from the State University and Affiliation to Central University

I - Letter to VP, Shibli National College, 29 May, 06

I have read your article in the Milli Gazette of 1-15 June, 2006 about the refusal of the Delhi University to affiliate the Shibli College, Azamgarh. Prime facie, Delhi University has a cause. If you applied to the AMU, you would receive the same reply. Indeed, no Government or Commission can force a University to affiliate a distant college against the terms of its Act. So what is the way out?

I would first like to know why your College wishes to disaffiliate itself from the territorial university, namely, Gorakhpur University? I would then discuss the problem with the NCMEI.

II - Reply to Salman Sultan, 5 June, 2006

Your email of 4 June, 2006.

I thank you for explaining the situation in the College. But the College is not a new MEI being denied affiliation but a duly affiliated college seeking disaffiliation from one University and affiliation with another.

My question – why? – is not answered. Unfortunately most universities are turning into dens of corruption. How have your results been since your affiliation to the PU, specially at PG level? How does corruption in the PU affect your results? How many UG/PG colleges are affiliated to PU? How are its results in general?

I may add that the Act was amended to respect the feelings of the community to make it more useful.

III - Reply to Salman Sultan, 13 June, 2006

Your email of 12 June, 2006.

No university is free from corruption; it is a matter of degree. However, this is not a valid reason for seeking disaffiliation. What is the jurisdiction of the B.S. Purvanchal University according to the Act?

Is it open for any college in UP to affiliate itself to a state university of its choice within UP?

The special concession to a minority college arises out of special circumstances like medium of instruction, the reservation regime, undue interference in admission or a dispute between the colleges and the university, which can then be adjudicated by the NCMEI.

I await your reply.

IV - Reply to Salman Sultan, 24 June, 2006

Your email of 23 June, 2006.

I am sorry I am unable to write separately to your Principal. Why don’t you simply pass on my letters to him for reply?

Developments in Iran

MMA Statement, 8 April, 2006

The MMA hopes that the Iran issue shall be resolved through diplomatic means by the IAEA affirming Iran’s sovereign right to enrich uranium, with Iran voluntarily limiting it to the level required for power generation. The MMA cautions the USA, UK and Israel against any pre-emptive or unilateral steps to destroy Iran’s nuclear capacity.

On West’s Dialogue with Iran

MMM Resolution, 10 June, 2006

The MMM welcomes the participation of the USA alongwith the EU-3 in the dialogue between the IAEA and Iran to resolve the Iran crisis. The MMM feels that since the USA is the real interlocutor in the process, the dialogue should be held under the auspices of the IAEA and that neither side should insist on any pre-conditions. The MMM calls upon the UN Security Council to freeze the item on its agenda till the dialogue comes to its conclusion. The framework of the dialogue should respect the sovereign right of Iran to develop uranium enrichment technology for power generation, with or without foreign collaboration, under regular inspection by the IAEA so as to assuage widespread concerns and apprehension about the application of the enrichment technology to production of nuclear weapons.

The MMM is however of the view that the UN Security Council should, in all fairness, take due notice of the nuclear weapon status of Israel which has taken shelter under its non-accession to the NPT. If UN Security Council and the Permanent Members are indeed interested in preventing the slide of the region towards a nuclear race, it cannot permit to cast its nuclear shadow over the region. It must not only inquire into Israel’s nuclear weapon status because it threatens regional and world peace but take effective steps for their elimination in view of international guarantees for the security of Israel.

India Must Protect Iran’s Legal Right

Letter to Foreign Secretary, MEA, 14 June, 2006

The NAM has earlier made a declaration in support of the Iran’s legal right to enrich uranium for peaceful purposes. At the NAM Foreign Ministers’ Meeting, slated for 30 May, the matter will be on the agenda and the stand is likely to be endorsed.

We feel that in principle India, as a founder-member of the NAM, should support Iran’s legal rights in this regard while calling upon it to address the concerns and apprehensions raised by its enrichment programme in some States.

Iran’s Provocateur Statement on Holocaust

Letter to K.A. Mallick, 2 June, 2006

Your email of 31 May, 2006.

I do not see why Iran President should give unsought advice to Germany and why should he keep on provoking Israel and Zionists when Iran is hardly in a position to help liberate Palestine or even stop Israel from swallowing the West Bank.

Developments in Iraq

MMA Statement, 8 April, 2006

The MMA expresses its dismay over the continued stalemate on the formation of a new Government in Iraq and  considers that the delay has aggravated sectarian violence as well as insurgency and provided an excuse to the occupation powers to prolong their stay.

On Civil War on Iraq

MMM Resolution, 10 June, 2006

The MMM deplores and condemns sectarian violence in Iraq which has assumed barbaric proportions and considers that Iraq faces a greater peril today from the civil war than from foreign occupation. 

The MMM calls upon the Sunni and Shia Arabs and the Kurds to extend their full cooperation to the national government which will then have the political will to suppress private militias and ask the occupation forces to fix a deadline to quit Iraq as well as to reach a national agreement on the equitable division of development resources among the three regions.

Dwindling ‘Coalition of the Reluctant’ in Iraq

Letter to Ministry of External Affairs, 21 June, 06

As you are aware, the Coalition of the Willing” operating in Iraq has turned into a ‘Coalition of the Reluctant” and practically all States which had deployed their armed personnel in Iraq at USA’s behest, have withdrawn them wholly or partially. The latest to announce total withdrawal is Japan.

I would be grateful to be informed of size of the contingents of the remaining members of the Coalition and whether they are soldiers or technicians.

Bahai Grievances in Iran

Letter to Ambassador of Iran,12 April, 2006

May I draw your attention to the report in the Indian Express, New Delhi (12 April, 2006), about collection of information about the Bahai religious minority in Iran in a confidential manner by the Government of Iran which has created some apprehension about its purpose and possible consequences. We have experienced similar selective exercises about the Muslim community with fateful consequences to which we objected. Now Iran example will be cited against us.

We, therefore, request you to clarify the nature and purpose of collection of confidential information about a religious minority in Iran.

Detention of Iranian Academician

Letter to Ambassador of Iran, 13 June, 2006

Prof. Ramin Jahanbegloo, a Canadian national of Iranian origin, who is serving as Rajni Kothari Professor in Democracy at the Centre for the Study of Developing Societies, New Delhi, a premier socio-economic research institute in India, was detained in Tehran on arrival in April, 2006. He was charged with ‘contacts with foreigners’. Whatever his political views, he is not, to the best of our knowledge, engaged in any subversive activities.

We request the Government of Iran, through Your Excellency, to release him.

Developments in Palestine

MMA Statement, 8 April, 2006

The MMA welcomes the formation of the Hamas Government in Palestine and hopes that with elections behind them, Palestine and Israel shall initiate serious negotiations under UN auspices for the final settlement of the problem. 

On Bilateral Negotiation between Israel and Palestine for Final Settlement

MMM Resolution, 10 June, 2006

The MMM considers it anti-democratic and outrageous that the defiant and valiant  people of Palestine are being starved into compliance with Israel’s plan to reduce the proposed Palestinian State to a shadowy illusion, for committing the ‘crime’ of electing Hamas to power.  The MMM calls upon all Member-States of the UN to respect the inalienable right of the Palestinian people to have a government of their choice and continue all possible aid as committed.

The MMM is of the considered view that if the UN and the US press Israel to agree eventually to vacate the Arab-Occupied Territories, including East Jerusalem, withdraw the illegal Jewish settlements from the West Bank and to hold negotiations on final settlement with the Hamas government without any pre-conditions, the Two State Solution to the Palestinian Problem can be realized, with the security of both States facing each other guaranteed internationally and protected by UN military presence on the border, and all other outstanding issues can also be resolved equitably.  The MMM is confident that the people of Palestine desire peace, once the final settlement negotiations begin in right earnest, mutual recognition and normal relations will also follow.

The MMM, however, expresses its apprehension that the present government of Israel will not agree to withdraw military or civil presence in the West Bank to pre-1967 line or to recognize an independent Palestine on equal and reciprocal terms, and in that event, the armed struggle for liberation shall justifiably continue, with all its tragedy and barbarity till it ultimately achieves its goal.

The MMM, therefore, calls upon the people of Palestine not to break rank but agree to have a ceasefire and engage in final settlement negotiations with Israel without any preconditions under the Quartet Roadmap.

Condemned Israeli Military Action in Palestine

Statement, 1 July, 2006

“The AAIMMM strongly denounces the military invasion and re-occupation of Gaza by Israel and the arrest and detention of the Ministers of the Government of Palestine and members of its Parliament.

The AIMMM regards this inexcusable military action as a violation of international law and  as deliberate and planned to snuff out the prospect of negotiation for final settlement, which had opened once the President and the Prime Minister of Palestine had worked out a common basis for engaging Israel in such negotiation.

The AIMMM regards it as unfortunate that while the G-8 States have expressed concern, they have not condemned Israel nor asked it to withdraw from the Palestinian territory and stop military action.

The AIMMM calls upon the Arab States and the Non-aligned Movement to seek an urgent meeting of the UN Security Council, since the invasion constitutes a grave threat to international peace in the region and imperils any movement forward.”

On Peace and Development in Afghanistan

MMM Resolution, 10 June, 2006

The MMM expresses its sorrow at the worsening situation in Afghanistan which also appears to be sliding towards a resurgence of the civil war and the increasing military intervention by the USA.

The MMM calls upon the Government of Afghanistan to stop dependence on forces and occupation and foreign aid and establish a sincere dialogue with the opposition elements to move towards peace and stability.

The MMM calls upon the Government to play every possible role in view of our age old friendship with the Afghan people in the restoration of peace in this war-torn land and for promotion of its development.

On Joining OIC as Observer

Letter to Foreign Secretary, MEA, 12 June, 2006

As you are aware I have supported the establishment of a formal linkage with the OIC, as Observer, provided the OIC changes its regulations to create this formal status for States which do not have a Muslim majority but have large Muslim population both as a community and as % of national population.

I have read a Statement by the OIC Secretary General that a new Charter is to be approved at the next OIC Summit, Dakar, which will facilitate greater involvement of Russia in the organization.

You may like to instruct our Ambassador in Riyadh to call on the OIC SG on his next visit to Jeddah and seek more details of what they have in mind.

Israeli Withdrawal to 1967 Line Essential

Letter to G.M. Siddiqui, 12 June, 2006

Your email of 11 June, 2006 regarding future of Jerusalem. I personally think the only viable solution is to go back to the UN Resolution, declare Jerusalem a Free City, jointly administered by world community of Muslims, Christians and Jews. The Free City may be open to both Israel and Palestine to maintain a token presence.

This can be achieved only after Israel agrees to withdraw totally from the West Bank to the 1967 armistice line, if it cannot to the UN Partition Line. in the context of Two State Solution.

No Pre-condition for Negotiations

Letter to The Hindu, 20 June, 2006

Demonstration - A Sign of Political Awakening

MMA Statement, 8 April, 2006

The MMA considers the massive demonstration by the Muslim community all over the country against the Danish cartoons and USA’s policy in the Muslim World as a sign of a new awakening and hopefully as the back drop for a nationwide movement for the political, economic and educational empowerment of the community within the democratic and constitutional framework. The MMA welcomes the active association of the Left parties and hopes that they shall give high priority to Muslim aspirations for equality and justice and take suitable initiatives in this regard as well as support Muslim initiatives.

Development Benefits for Muslims

Letter to Firoz Bakht Ahmed, 27 May, 2006

It was nice to speak to you yesterday. I look forward to meeting you. I have just seen your article on Muslim under-representation in all spheres of life. This is no doubt due to educational backwardness. But educational backwardness is related to educational deprivation, right from primary school. Muslims themselves or their so-called leadership, religious and political, do not play any major role. This government and the bureaucracy do.

In any case Muslims vote for secular political parties and help form secular governments. Why can’t the Governments, beneficiaries of their votes, ensure due attention to Muslim concentration areas in implementing national schemes for promoting education? You have hinted at it as ‘unofficial apartheid’. In correcting this, the so-called Muslim politicians, who are as much victims of the system as the community in general, are helpless and shall remain so, unless secular governments ensure due share of development benefits to eligible Muslims and Muslim concentration areas.

Deplore Action before Criticizing Reaction

Letter to New York Times, 12 June, 2006

Apropos Flemming Rose’s article on the Cartoons (31 May), the Muslim world was indeed outraged at the violence and many Muslims felt that the extremists hand fallen unto a trap as the real purpose of publication was to provoke Muslim anger and violence and thus reinforce the waning support for continuing war against Islam.

Logically one should deploe the ACTION before criticising the REACTION. Nothing would have been lost or gained had Mr. Rose and his editor acted with discretion and understood that entire humanity does not react to satire or even humour in the same way as the ‘civilized’ Europeans. There is both a cultural and a linguistic gap.

Is Milli Council the Political Wing of AIMPLB?

Letter to GS, AIMPLB, 21 June, 2006

May I draw your attention to the report by Mr. M. Hasan in Hindustan Times, Delhi (20 June, 2006) which describes A.I. Milli Council as a political wing of All India Muslim Personal Law Board? You are aware of the fact that the General Body of the Council and the Board have a large number of common members, their meetings often take place at the same place, even in the same venue and on almost the same dates; the members of the Milli Council play a prominent role in the proceedings of the Board. So such impression is not difficult to create. But the AIMPLB should be above Muslim politics or even national politics.

I, therefore, suggest a) that as General Secretary you should immediate contradict this report and place it on record that the Board has nothing to do with the Council and that there is no organic or structural relationship between them; b) and that you should think of possible ways of remedying the situation.

I may add that AIMPLB since its birth was affiliated to the AIMMM. I do not know why and when this membership was severed. I request that the Board consider re-establishing the linkage with the apex body.

On Formation of Muslim Front in UP

Letter to S. Divakar, Outlook, 20 May, 2006

Your email of 19 May, 2006.

1.      Formation of Muslim Front is obviously a cry of despair and desperation because the Muslim community is disenchanted with the performance of secular parties which it has always supported, when in power. If the Front can indeed mobilize Muslims and other sympathetic votes even in Muslim concentration constituencies, the secular parties will not take Muslim votes for granted but try to make a deal with the Front. In any case, if it wins some seats, it can act as a pressure group or even join a coalition government. The Front will not solve the problem faced by the Muslims but may make secular parties and governments pay more attention.

2.      Hindu parties exist and Hindu communalists have been playing the Hindu card. Indeed secular parties are also taking Hindu votes into account in electoral calculations. It is also possible that deep saffron may try to turn into pale saffron for having a deal with the Muslim front! This bogey of Hindu backlash has already been used many times to thwart any political action by Muslims as a group or in their favour while other smaller social groups have established and control political parties.

3.      Mandal-II agenda is likely to benefit the Muslims as well, if the OBCs are categorized, as SC’s/ST’s are demanding, into relatively forward and more backward categories. May be some parties will adopt the Karnataka model and accept Muslims as an OBC category, as indeed they are.

My overview, however, is that the Front idea will fail because Muslim community will not be united enough to be effective because it is being formed without joint struggle by million individuals.

On Formation of Muslim Party

Letter to The Radiance, 28 June, 2006

Apropos your editorial on formation of Muslim Political Parties (25 June, 2006), let me say that in our exuberance over the AUDF in Assam, we should not ignore the vastly different ground situation in UP. The formation of the PDF in UP (unless it becomes a part of a larger secular grouping), will simply scatter Muslim votes into another additional box competing with the existing boxes labelled SP, BSP, INC and Independents.  The BJP strategists already have smiles on their faces hoping to benefit from this development in constituencies where they lost to SP, BSP or Congress by a manageable margin.

Then Mr. Ahmad Bukhari wishes to enter the fray.  So will some other ‘Muslim’ parties or independent candidates, encouraged and supported by the BJP, wherever necessary.

Both Maulana Kalbe Jawad and Mr. Ahmad Bukhari have announced that they would contest all about 150 seats. Mostly they would contest against each other.  But neither front by itself nor even together can expect more than 25 seats. In that event, the two fronts, should tell us about their strategy. Will they, support their formal rivals like SP or BSP to form a coalition or extend support to it from outside?

Formation of MMA Beneficial for

Minorities and Country

Letter to Tahir Mahmood/Imtiaz Ahmad, 12 April, 06

I have seen your criticism of the creation of the Ministry of Minority Affairs in the Outlook, 17 April, 2006.

The new Ministry is to administer schemes and institutions which are meant exclusively for the minorities and to monitor the flow of benefits to the minorities under general schemes and institutions.

In my view the Haj Committee, the National Commission for Minorities Educational Institutions, the Madrasas Modernization Programme and the National Council for Promotion of Urdu, now under the MEA and M/HRD should have been logically placed under the Ministry of Minority Affairs but there was turf war.

Surely there can be no parallel administrative or educational system for the minorities or for the Muslims. So Sarva Shiksha Abhiyan should remain with the M/HRD.

Through the Ministry of Minority Affairs, the Muslim community in particular (2/3 of all minorities) can hopefully exert pressure on the M/HRD more effectively if Muslim concentration areas remain educationally deprived as they have been.

Also as a Ministry, its report will be placed before the Parliament and action or inaction on the minority front shall be more faithfully projected than has been the case so far. Also the nation, as a whole, shall be educated on the state of the minorities.

Regular Meeting with Community Leaders

Letter to M/Minority Affairs, 15 June, 2006

As desired by you, I am sending you a possible list of invitees (Annexure) for a monthly informal meeting which should give you an idea of current concerns in the mind of the Muslim community.

1.      Muslim organizations of National Eminence

2.      Interested Muslim MP’s

3.      Academic Institutions of National Standing

4.      Others

This is an illustrative list. You may change it as you deem fit. However, I should caution that the informal group should not exceed 20 to keep proceedings focussed and productive.

This is in addition to the other informal group which you have decided to come from time to time consisting of selected members of official bodies like CWC, the NCM, the NMFDC, Maulana Azad Foundation, NCMEI, NCPUL, Haj Committee.

MMA Should Look after Linguistic Minorities

Letter to PM Dr. Manmohan Singh, 8 June, 2006

Apart from religious minorities, there are linguistic minorities in the country i.e. persons whose Mother Tongue is included in Schedule 8 but who forms a minority in one State or the other. Every Schedule 8 Language is a linguistic minority at the national level because even Hindi is not the Mother Tongue of 50% of the population. But all Schedule 8 Languages other than Urdu and Hindi have a home base. There is no State with a majority of its population speaking Urdu or Sindhi. These languages, therefore, face special problems and only the Union Government can deal with them and look after their promotion and development and ensure their legitimate rights at the State level. That is why the Union Government has set up the National Councils for the Promotion of Urdu Language and of Sindhi Language.

Urdu is the biggest linguistic minority in the country; its speakers constitute about 6% of the national population while Sindhi is spoken by a very small minority.

There is, however, the Constitutional office of the Commissioner for Linguistic Minorities, which lies ignored and remains ineffective because the State Governments do not even respond to its annual requests for information and the Union Government simply files away its Annual Reports.

Even Hindi is a linguistic minority in all non-Hindi States. But since it is the Associate Official Language of the Union, the Union Government’s Central Hindi Directorate, inter alia, looks after its interest in non-minority states.

We are of the considered view that the Ministry of Minority Affairs should look after the interest of linguistic minorities and the promotion, development and use of minority languages in education, administration and information.

In this context, I request that all three offices mentioned above, namely, the office of the Commissioner for Linguistic Minorities, the NCPUL and the NCPSL should be transferred to the Ministry of Minority Affairs.

Revision and Implementation of the PM’s 15-Point Programme for Minorities

Letter to M/Minority Affairs, 31 May, 2006

As you know, the revision and revival of 15-Point Programme for the Welfare of the Minorities forms part of the Congress Manifesto and the CMP of the UPA.

Not only that 2 years have elapsed but that at the Hyderabad Session of the AICC, it was announced that the Revised Programme has been introduced. The fact is that it is still in the works.

I was told that you had taken particular and personal interest in finalizing the draft but I imagine it has to be cleared by the Prime Minister and other concerned Ministers and by the UPA. This may be taking time.

I am writing this to request you that the promulgation of the revised Programme should be expedited and put into implementation before the coming election in UP.

Comments on Revision of Programme

Letter to M/Minority Affairs, 5 June, 2006

I have just seen the press report on proposed revision of the PM’s 15-Point Programme for Welfare of the Minorities.

May I submit some comments for your consideration?

1.      Composition of Monitoring Committee: It should not be too unwieldy. At the Central level, the Minister himself should be the Chairman with the Secretary, Department of Minority Affairs and Secretaries of Personnel and Home and Chairman, National Commission for Minorities and 3 eminent members of minority communities with experience in law, administration and finance.

             At the State level, the Chief Minister or the Minister of Minority Affairs should chair the Committee with Chairman State Commission for Minorities and the Secretaries concerned and 3 eminent members of minority communities.

2.      Prevention of Communal Tension: For this, identification of focii of Communal Disputes at District level is essential. In all districts which are communally sensitive and riot prone, the DM should maintain a dossier on all focii of communal disputes and endeavour to diffuse and resolve them, in consultation with persons of eminence and community leaders in the district and record the results achieved for his successor.

3.      ‘Special Consideration in Appointment’: It was there in 1983 and produced no results. Police force at constable level and junior police officer should match the district demography and this should be kept in view while recruiting the policemen and posting them. As for armed constabularies, 50% of the strength should consist of members of target communities.

             In fact every sensitive Thana should have a composite posting with either No. 1 or No. 2 from the Muslim community as introduced by Chief Minister Ray in West Bengal. This worked.

4.      Composite Selection Committee: This was also there in 1983 and has produced no results. Many departments have no senior Muslims. And the minority ‘representation’ of a much lower level is totally ineffective. The Department concerned should borrow Muslim officers of comparable rank from other departments.

5.      Coaching Classes: Coaching classes cannot be run only for Muslims. The system produced no results. The Ministry of Minority Affairs or one of its attached/subordinate offices should finance coaching of selected Muslim students admitted to well-known Coaching institutes in compulsory and optional subjects. The selection must be made very strictly by a panel of distinguished academicians and retired members of the Services.

             Similarly, coaching fee for Medial/Engineering Admission could be made to Muslim candidate with high marks, above 75% in the qualifying examination.

6.      Upgradation of Urdu-medium Schools and Madrasas: This would be a waste of resources. We should discourage Urdu-medium high schools and let senior Madrasa retain their integrity and autonomy.

Impact Depends on Implementation & Monitoring

Letter to PM Dr. Manmohan Singh, 23 June, 2006

The revision of the Prime Minister’s 15-Point Programme for the Welfare of the Minorities which was on the anvil since 1992 will have a positive impact on the educational, economic and social status of the minorities, particularly the Muslims which is educationally deprived, economically backward and socially at the bottom of the ladder. We thank you.

However, the impact will depend on its implementation and regular monitoring.

The text has not been published but from the press release issued by the Ministry of Minority Affairs it appears that the Programme still suffers from the old lacunae of vagueness and tokenism in some places. If programmes are not in quantifiable terms, they cannot be effectively monitored.

I submit some suggestions for your consideration which may be incorporated to the extent possible when you put the finishing touches.

A(ii)     Schools: Establishment of additional primary and secondary government schools in educationally deprived minority concentration areas in accordance with national norms.

A(iii)   Urdu: Adoption of Urdu as a medium of instruction in government schools in the primary schools in Urdu concentration villages and Mahallas, and as a compulsory language in secondary schools (upto class X), for those whose mother tongue is Urdu.

A(iv)   Madrasas: Present Government schemes have few takers and small outlay. As far as possible, Madrasas should be encouraged to convert themselves into private schools or be sanctioned grant-in-aid to employ additional teachers of their choice for Mathematics and Science and for setting up science laboratories.

A(v)     Scholarships: The terms of scholarship for Muslim students should be the same as for the SC/ST students and their number in each category should be the same as for SC’s, as their population and level of educational backwardness are comparable.

B(vii) Employment: There should be no special schemes for minorities but selection from various groups should be in proportion to their local population.

B(viii)    Technical Education: More ITI’s should be set up in minority concentration areas in accordance with national norms and existing ones should be upgraded.

B(ix)   Bank Credit: Flow of credit for small business should be in proportion to population at district level and the RBI should monitor it, district-wise.

B(x)     Public Employment: Recruitment to Group A & B posts is well-regulated but in recruitment to Group C & D posts the minorities should have equitable share, according to proportion of population in Selection Zone.

B(xii) Equitable municipal expenditure in minority concentration areas, including slums in proportion to their population.

Earmarking of funds for minorities should not be fixed as the programmes are operated at Panchayat, Block, District levels and the population varies from place to place. Their share should be in proportion to their population in the operational area, everywhere.

Constitutional Status for Minorities Commission

Letter to M/Minority Affairs, 23 May, 2006

May we draw your attention to the Recommendations/Observations of the Standing Committee on Social Justice and Empowerment (2005-06) in its 14th Report on the Constitution (103rd Amendment) Bill, 2004 and the National Commission for Minorities (Repeal) Bill, 2004?

Our comments are placed before you for your kind consideration and that of the Cabinet before the Bills are amended.

1.      The Bill is inadequately phrased on the important aspect of eligibility for the Membership of the Commission (Para 1.6 of the Report). We feel that the Bill should provide for the appointment of ‘persons of national eminence and extensive experience in various fields of activity, who enjoy the confidence of the minorities.’

The Committee has recommended (Para 1.6) that the post of Chairperson be rotated among all minority communities. The All India Muslim Majlis-e-Mushawarat (AIMMM) strongly feels that since Muslims constitute 2/3 of all minorities and 13.5% out of 19% their proportion in national population, it is apt and proper that the chairperson should always be a Muslim who enjoys the confidence of the community.

Secondly, the Committee claims that the post of Vice-Chairperson should be from a minority community. Obviously when the Chairperson is not. The AIMMM feels that the Vice-Chairperson should be a Christian or a Sikh.

The Bill also provides for 2 members out of seven being from the majority community. The Committee has not commented on this. The AIMMM sees no reason for this but at the same time it sees no objection if the persons selected enjoy the confidence of the minorities.

2.      The AIMMM supports the proposal of the Committee (para 1.20) to amend section (d) of clause 5 but expresses the hope that the Commission shall take up only such complaints from individuals which have a wider bearing on the minority situation.

3.      The AIMMM also supports the proposal (para 1.21) of the Committee to add another section in clause 5 of the Bill.

4.      The AIMMM also strongly supports the proposal of the Committee in para 1.27.

5.      The AIMMM feels that the Committee has gone out of its way to make observations about the Jains. The Commission itself having recommended the formal recommendations of Jains as a religious minority (which they are), it should pursue its recommendation since the Supreme Court has not interfered with the statutory power of the President but merely recorded an obiter dicta.

In addition, the AIMMM proposes the following addition to the Constitutional (103rd Amendment) Bill that two sub-clauses should be added to clause 4 of the Bill which should be renumbered as 4(a) to state the following:

             “(b) The Commission shall have the power to determine its staff requirements to sanction modalities for performance of its duties and to formulate its budget accordingly.

             (c) The Central Government shall provide adequate financial resources and administrative support to the Commission.”

We request you to consider these suggestions and place them before the Cabinet.

NMDFC Needs Many Reforms

Letter to M/Minority Affairs, 21 June, 2006

We are glad that you have consulted an expert of the stature of Mr. Deepak Parekh to professionalise the dormant NMDFC.

I had examined, sometime back, the performance of the NMDFC and had come to the conclusion that the main obstacles were:

1.      An incompetent, almost illiterate Chairman. One does not understand why he was appointed by the NDA Government. Perhaps to sabotage the Scheme. Far less I understand why he is being kept in position by the UPA Government. He should be changed.

2.      An unsympathetic Board of Directors which is packed with bureaucrats. The composition of the Board should be changed with representation of public figures of eminence with experience in administration, finance and law, with a senior Muslim member of the IAS, of the rank of Director/Deputy Secretary to the Government of India, as Managing Director.

3.      More importantly, the NMDFC should deal directly with the applicants and not simply transfer its funds to State Governments, theoretically to be supplemented by the State Governments which they hardly ever do. Transfer to State Corporations should be regulated in terms of their own contribution and utilization of the funds during the preceding year and for small schemes with individual disbursements of less than 10,000/-. The bulk of the available funds should be administered directly by the NMDFC for loans exceeding Rs. 10,000/-, through a single window facility.

I request you to consider these suggestions. I also request that the Central commitment for share capital should be fulfilled.

Delay in Publication of Language Census Tables

Letter to PM Dr. Manmohan Singh, 23 May, 2006

The publication of the Language Table for Census 2001 has been scheduled and rescheduled many times but has been put off without any public explanation.

The religious data were released in September, 2004 and there is apparently no reason why the language data have been so much delayed.

Repeated postponements and consequent delay affect the credibility of the data as a doubt arises if the data are being doctored to upgrade some and downgrade other languages.

Leave Private Madrasas to Themselves

Letter to Ministry of HRD, 10 April, 2006

A write up quotes an anonymous official of the Ministry of HRD as projecting the West Bengal Sarkari Madrasas as a model for other States.

We have already conveyed our misgivings to the Hon’ble Minister on the proposed formation of a Central Madrasas Education Board.

We request you to re-examine the West Bengal model from the following angles:

1.      Quantum of school time devoted to Arabic and Islamic History etc. as proportion of total for Alim and Fazil courses.

2.      Full marks in the final X and XII examinations for those two subjects and the total marks for the examinations.

3.      Total number of Fazils who have gained admission in medical and engineering colleges during 2004 and 2005.

4.      Has the West Bengal Madrasa System (other than Madrasa Alia) including the products of these schools produced any eminent Islamic scholar during the last 20 years

Our considered view is that these government Madrasas are NOT Madrasas but schools and should be recognized as such and should NOT be counted against the State obligation to establish regular schools in the deficit areas.

The private Madrasas may generally be left to themselves except financial assistance, if applied for, for modernizing their teaching, though teachers of English/Mathematics/Science (to be recruited by themselves) and Computers. These also should not be counted as ‘equivalent schools’.

Sarkari Madrasas are Really High Schools

Letter to G.M. Siddiqui, 14 June, 2006

Your email of 10 June, 2006 forwarding the article ‘Many Hindus in Madrasas’. The fact is that the so-called High Madrasas in West Bengal under the official Board of Madrasa Education are not Madrasas but High Schools which follow the same syllabus as the High Schools with a slight difference that the High Madrasa offer Elementary Arabic or Islamic Studies as optional subjects which carry only 100 marks. That explains why in areas where there are no government schools, non-Muslim students also join.

On Dialogue on Kashmir

MMM Resolution, 10 June, 2006

The MMM welcomes the initiative by the Union Government of holding a dialogue with all political forces in J&K while maintaining the tempo of confidence building measures and exchange of views with Pakistan.  The MMM finds it disappointing that the APHC did not participate in the second round table.

The MMM urges the Union Government that in the next round, the Muslim community in the rest of the country which has a vital stake in the continued association of the State with the Union should be suitably represented.

The MMM also proposes that the Union should separately open dialogue with the major militant groups operating in the State which agree to mutual ceasefire and engage them without any precondition even outside the country, for the sake of peace.

Legal Status of Prostitution Not Unique in J&K

Letter to The Greater Kashmir, 24 May, 2006

Your recent issue singles out the state of J&K for legalizing prostitution. Indeed prostitution is a legal activity throughout the country, subject to health checks and other regulations.

The problem is that wherever it is made illegal, it goes underground!

However, your arcane law of 1921 needs to be brought uptodate in the light of recent legislation/regulation in the country under the Immoral Traffic Act.

Let CBI Inquire into Chhattisinghpura Massacre

Letter to Home Minister, 5 June, 2006

We are glad to know that the CBI has formally charged the five officers in the Pathribal fake encounter case for killing 5 innocent villager on 24 March, 2000.

However, we do not know if the preceding massacre of 35 Sikhs in Chitsinghpura on 21 March, for which ‘militants’ were held guilty by the civil and military authorities has been inquired into.

To the best of our recall, neither LeT nor HM owned the massacre. Pakistan had officially blamed the Indian armed forces. The local Sikh community, I had then visited, was itself doubtful that the massacre was the handiwork of the militants who had never touched them while operating in the area.

Why did the Army fake the Pathribal killing? Why should the militants attack a peaceful Sikh community rather than an army camp? These questions remain unanswered.

We strongly suggest that the Chattsinghpura Massacre should be handed over to the CBI for inquiry, since the Massacre and the Pathribal killings have been found to be organically connected.

Catalonia Model and Kashmir

Letter to Ambassador of Spain, 20 June, 2006

We welcome the newsreport that the Charter of Autonomy for Catalonia is likely to be adopted by an overwhelming majority. This shall be a step towards the consolidation of Spanish nationhood and shall hopefully lead to the resolution of the conflict in the Basque Region and in Galicia.

We understand that all 17 regions of span enjoy varying degrees of self-government, the variation arising because of historical background and linguistic differences.

Comparative Status of Jews and Muslims Today

Letter to The Nation and the World, 10 June, 2006

Please refer to your center-page article comparing the Muslims and the Jews (1 June, 2006). Every now and then the Muslims beat their breasts about the incomparable educational backwardness of the worldwide Muslim ummah as compared to the Jews. But this is nothing but an exercise in self-pity and an excuse for inaction. Also scientifically it does not make sense. The Jews form a race and, therefore, have common ancestors, the Muslims are multi-racial. The Jews live in Israel, USA and Europe, all developed areas, the Muslims live all over the world, mostly in economically backward areas. The Jews are organized under effective world bodies, not to speak of the State of Israel which is open to all Jews. The Muslims are divided in every state where they have a substantial population or a majority and politically the Muslim World itself is divided into over 50 States with a lifeless OIC. The Jews control world finances. Muslims have little access to world capital.

Educational deficiency or deprivation can be made up at the primary level in 5 years, and upto secondary level in 10 years under optimum conditions, and the task needs to be undertaken by Muslim States and minority communities alike. Universal schooling of good quality will throw up talent and even genius but will not and cannot make up the deficit at higher levels so easily. Research calls for more than school and even professional education. It is related to both the genes as well as the cultural and economic environment. It comes out of generations of achievement. Freedom of thought can alone create the aptitude and change the environment. This calls for an ocean change in Muslim theological thinking and social mores. This has its own perils. Are the Muslims prepared to face the perils? In my view, they are not prepared to reach out for the unconventional and the unfamiliar.

Let us, however, begin, everywhere, with universalization of school education of quality in all Muslim States and communities in the first instance and production of technicians, if not of scientists, in the second, and then provide freedom and resources to the men of genius to flourish without any restraint. And what is more important, the objective should not be Power – to restore Muslim rule – but SERVICE, to serve mankind and take forward the torch of Knowledge.

Rape of Muslim Woman by Kishanganj Police

Letter to Home Secretay, Bihar, 19 May, 2006

I am faxing you the clipping I mentioned to you about the rape of a Muslim woman by the OIC of Kochadaman P.S. in Kishanganj District on 27.4.2006, followed by indiscriminate firing on the protestors. The injured include several Hindus. The local MLA Mr. Akhtarul Iman knows all about the incident.

Unless it has already come to the State Government’s notice, this is a fit case for urgent action. Indeed, if a prima facie case is established, the OIC and his second-in-command should be placed under suspension immediately.

Perhaps the State Government may order a CID inquiry.

Rape of Christian Woman in MP

Letter to Chairperson, NCW, 2 June, 2006

May I draw your attention to the reported rape of Christian woman in a village in M.P. on 28 May, 2006? The report says:

“Activists of the RSS-VHP-Bajrang Dal-Vanvasi Kalyan ashram [all the same, really] attacked the homes of a Christian group in Nadia village Bhagwanpura block of Khargone district on the 28th May 2006 at 10:00 pm in the night.

They beat up the men, and took away the women to a nearby deserted area and raped them. The rapists have ... been .... identified as Lulla, Nandla, Kalu, Rewal Singh, and Sakaram, all of them from the same village of Nadia.”

May I request you to send a team to Nadia to enquire into the matter and seek a report from the Government of MP?

On ‘Renting’ of Wives in Gujarat

Letter to Chairperson, NCW, 20 June, 2006

May I draw your attention to the report in Times of India (19 June, 2006) on the practice of ‘renting’ wives prevalent in some parts of Gujarat?

Payment to the parents on the marriage of a daughter amounts to ‘purchasing brides’ which is certainly as bad as ‘purchasing bridegrooms’ and which has become an accepted social norm. But renting of wives amounts to prostitution with the husbands acting as pimps. This negates the concept of family, degrades women. This may attract the law against immoral traffic.

I suggest that this phenomenon should be inquired into by the National Commission for Women which should also apply its mind on remedial measures.

Stop Arsenic Poisoning in Central W. Bengal

Letter to Shri Pranab Mukherjee/P.R. Dasmunshi,

23 June, 2006

As you are aware, the underground water in the districts of Dinajpur and Malda has a arsenic content which has an adverse effect on the health of the inhabitants and resulted in fatalities.

We request you to advise the Ministry of Health (DGHS) to depute a mission to assess the situation and to make recommendations to the Union/State Governments for urgent remedial measures and for treatment of those affected.

Custodial Killing of a Muslim in Faizabad

Letter to CM, UP, 22 June, 2006

You must be aware of the custodial killing of businessman Abdul Khaliq, resident of Teli Tola in Faizabad. His last rites were performed on 20 June, 2006. Your colleague the Minister of State for Social Welfare has promised an ex-gratia payment of Rs.5 lakhs.

The people of Faizabad are demanding action against the police officers and policemen involved.

We demand that they should be suspended and prosecuted.

Impunity for Police in Illegal Detention

Letter to Dr. Phiroz A. Poonawalla, 3 June, 2006

Your letter of 23 May, 2006.

The police enjoys impunity in such cases. Law does not provide for compensation for loss suffered by the innocent detainee and his family.

Most victims of police highhandedness are not Muslims but Hindus. Let us not communalise the issue but seek a remedy with the help of secular jurists like Krishna Iyer.

No Action against Killer of NRI in Gujarat

Letter to Mr. Imtiazuddin, 19 June, 2006

Perhaps you may be aware that Mr. Pankaj Trivedi, an NRI of Gujarati origin, residing in USA, was clubbed to death at Allahabad outside the Ellisbridge Gymkhana on 16 June, 2006.

Two years ago he had written to the Chief Minister Narendra Modi that there was a threat to his life from Swadhyay Parivar because he had been exposing their illegal activities and that this letter may be taken as his dying declaration in case he was killed.

Swadhyay Parivar is a socio-religious organization which enjoys the protection of the Sangh Parivar and, therefore, of the Modi Government.

The Addl. Commissioner of Police, Ahmedabad P.K. Jha saw no reason to question anyone from the Swadhyay Parivar which has maintained silence on the allegation.

I suggest that you discuss the Trivedi killing with the Gujarati community and organize a united demand for CBI inquiry.

Reservation in Higher Education Welcomed

Letter to Minister of HRD, 6 April, 2006

We welcome the implementation of the Mandal Commission’s Recommendations of Reservation for OBC’s in Education.

However, much water has flown down the Ganga since 1981. A national consensus has developed for reservation, both in public employment and education, to benefit all educationally and economically disadvantaged and backward groups.

Also there is considerable legal opinion that the assumption of 50 per cent cap on total quantum of reservation is not correct and that the total quantum may very according to demographic and backwardness pattern from state to state.

Also there is growing demand for sub-classification and separate quotas within each constitutional conglomerate – SC, ST and OBC.

In this view of the situation and the established fact that the Muslim community is also educationally and economically and, therefore, socially backward, it deserves reservation and separate quota in order to combat backwardness and bias.

I also suggest for your kind consideration that reservation should be universalized and any social sub-group which by virtue of its level of backwardness and population is entitled at least to 1 per cent of the total quantum, should have its own separate quota if it so wishes while smaller mini-groups should be permitted to aggregate themselves into a viable sub-group or join another sub-group of their choice.

The Creamy Layer should be defined more realistically so as to achieve its purpose effectively and applied vigorously so that benefits flow to the candidates who come from backward families within the class or sub-class to which they belong. This alone will lower backwardness.

Finally, there should be a review every 10 years, following the Census, of the level of backwardness and population and of quota of every group/sub-group.

Immediately, I request you to introduce at least 7.5 per cent reservation for Muslim community and reduce the OBC quota by 5.0 per cent (the estimated share of Muslim OBC’s in 27 per cent i.e. to 22 per cent.

Determination of ST States

Letter to Chairperson, Commission for ST, 25 May, 06

We have seen your statement regarding the identification of more Scheduled Tribes. The applications, after obtaining the opinion of the State Government and the Registrar General and perhaps after consulting an expert body like the Anthropological Survey of India have to be considered by the Government and the Commission. It is not clear who is the final authority. We thought it is the Commission. Is the government bound to accept the decision of the Commission?

We would be grateful for your clarification and also for drawing the road map for processing such requests.

On Reservation for OBC’s in H/Education

MMA Statement, 8 April, 2006

The MMA welcomes the introduction of reservation for the OBC’s in higher and professional education and considers that with universalization of school education time has come to consider universalization of reservation, both in public employment and higher education, in favour of the backward sections of all social groups in proportion to their population and level of backwardness, subject to decennial review which is bound to enlarge the General Pool. 

The MMA views ‘merit’ in a far from perfect evaluation system as nothing more than a self-serving device of the vested interests.

On Reservation for Muslim Community

MMM Resolution, 10 June, 2006

In the context of the national debate on reservation, the MMM reiterates its longstanding demand for a separate reservation quota of 10 per cent in higher education and public employment for the Muslim community which forms a Backward Class under the existing scheme of reservation in public employment and that proposed in the field of professional education.

The MMM also demands that the undergraduate courses in all universities and professional institutions, government or government-aided, be brought within the purview of reservation for Backward Classes and that every Backward Class which has a substantial population be provided with a separate quota, if it so desires, by sub-classifying the existing conglomerates like SC, ST, OBC and Minorities, which should be based on its population and its comparative level of backwardness.

The MMM is of the view that the backward groups in the high castes should also enjoy similar reservation.

The MMM also supports a more strict and nationwide definition of the Creamy Layer to ensure that the benefit of the quota available to a group is effectively available only to those candidates who come from genuinely backward families and deserve it.

The MMM is of the considered view that expansion of admission capacity  in some institutions of national importance will not meet the demands of Social Justice or solve the issue but only push it under over the carpet and perhaps defer the day of reckoning.

The MMM also feels that the highest priority should be given to upgradation of all government schools, particularly in rural areas and poor urban localities, giving priority to higher secondary schools and then to establishment of secondary, upper primary and primary schools to provide uniform education of quality to all children in the  disadvantaged areas which face a school deficit in terms of national norms.

10% Sub-Quota for Muslims in Education & Jobs

Letter to Chairperson, UPA, 26 May, 2006

In the shrill and noisy response, articulated by the vested interests, to the government’s decision to extend reservation to the OBC’s in education, the voice of the Muslim community has remained apparently unheard. Some Backward Classes belonging to the Muslim community have been included in the OBC quota for public employment in various States. But with the exception of Karnataka, where, under a scheme of categorization, the Muslims have been effectively benefited, the Muslim community has not received its due share, primarily due to communal bias in the process of selection.

It will not be out of place to add that various segments of the Backward Classes, which cover a wide spectrum of backwardness, cannot have due access to the benefits of Reservation without suitable categorization.

The socio-economic and educational data collected by various government organizations as well as research institutions e.g. NCAER and CSDS, to name a few, have established the fact that the level of Muslim backwardness, both socio-economic and educational, almost touch that of the SC’s and ST’s.

The All India Muslim Majlis-e-Mushawarat (AIMMM) is fully aware of the establishment of the Sachar Committee as well as the Misra Commission but it feels that some thought should be given urgently to ensure that the Muslim community gets its due share in the reservation for OBC’s in educational institutions.

Considering that the Muslim community constitutes 13.4% of the national population and assuming that their index of backwardness to be 80, with SC/ST as 100, the Muslim community is entitled to a quota of 13.4 x 80 i.e. 10.32, say, 10% in central institutions. In states, the quota will vary from state to state.

In the Indira Sawhney Judgement, the Supreme Court has clarified that a religious group may be declared a Backward Class. The same conclusion was reached by the Venkatachalliah Commission which clarified that there was no constitutional bar on reservation in favour of a religious community which constitutes a Backward Class and that it is a matter of government policy.

The AIMMM, therefore, requests the United Progressive Alliance to provide a sub-quota of 10 per cent in favour of the Muslim community in the Scheme of Reservation in Education which is under preparation and to make the same provision in the existing Scheme of Reservation in Public Employment.

De-reservation of Unfilled Quota

Letter to PM Dr. Manmohan Singh, 11 April, 2006

Though I have always supported reservation in public recruitment and higher education as a sine quo non of social justice, the Government posts which remain vacant and the college seats which remain unutilized have always been an eyesore. The first represents loss to the public in terms of services; the second represents the under-utilization of educational opportunities.

I feel that both wastes should be plugged. If a SC/ST post remain vacant after a competitive examination, it should be added to the OBC quota and if an OBC quota seat remains vacant, it should be treated as a general seat. There should be no carry-over. The carry-over system generally builds up arrears.

Similarly, if there are no suitable SC/ST/OBC candidates (those with minimum qualifying marks for admission), the vacant seats should not go waste but added to the general pool.

Nowhere does the Constitution lay down that quota seats should remain vacant from year to year and the vacancies should go on accumulating.

Much of the criticism of the reservation system by the intelligentsia as anti-social targets the wasted vacancies in public employment and education and thus provides a semblance of logic to their criticism.

I request you to consider the above suggestion.

Criteria for the Creamy Layer

Letter to Chairman GOM on Reservation, 26 May, 06

It is universally accepted that reservation in education for the OBC should be subject to exclusion of the Creamy Layer. However, the real question is the criteria for the Creamy Layer.

The general feeling is that the Creamy Layer has been presently defined in such a manner that the bar is high enough to let in practically everyone and to obstruct just a few from the elite classes!

In principle, we feel that the Government Circular of 2004 should be revised to lower the bar so that there is meaningful exclusion of the upper class candidates so that the benefit of reservation percolate downward and help raise the level of the OBC’s.

We propose the following for inclusion in criteria for the Creamy Layer.

1.      All candidates either of whose parents (or both), is a gazetted government servant, either under the Central or the State Government or any public sector undertaking or government organization; or

2.      All candidates who come from families with a family income of Rs. 10,000/- p.m. or 1.20 lakhs per year, and above, or

3.      All candidates whose families own 10 bighas of irrigated and 20 bighas of unirrigated land, or

4.      All candidates who have received secondary education in a private school, residential or otherwise.

It is suggested that the Criteria should be the same for both higher education and public employment.

Bharat Nirman - Reservation in Housing

I - Reply from M/Rural Development, 11 May, 2006

Please refer to your letter dated 16.3.2006 regarding reduction of funds under IAY for SC/ST households by giving them reservation in proportion to their population at Panchayat level as against 60% reservation at present.

In this connection, I may inform you that the Indira Awaas Yojana was initially launched during 1985-86 as a sub-scheme of RLEGP exclusively for the benefit of the BPL SC/ST households. Thereafter, it continued as a sub-scheme of Jawahar Rozgar Yojana (JRY) from April, 1989 onwards where 6% of the total JRY funds were allotted for IAY. It was from 1993-94 onwards that the scope of IAY was extended to cover the below poverty line non-SC/ST families in rural areas. Simultaneously, the fund allocation for the scheme was raised from 6% to 10% of the total JRY resources at the national level, subject to the condition that the benefits to non-SC/ST poor should not exceed 4% of the total JRY allocation. From 1.1.1996 onwards, the IAY was an independent scheme with 60% of the allocation reserved for SC/ST households.

Therefore, since inception the scheme was designed to address the housing shortage of SC/ST households, it may not be possible to reduce the funds to be utilized on these categories under IAY. However, Para 1.5 of IAY guidelines provides that if any particular category is exhausted or not available in the district, the allocation can be utilized for other categories of the population as per priorities given in the Guidelines. Prior certification to this effect by the Zilla Parishad/DRDA concerned is necessary.

*Already published in January-March, 2006 Bulletin, page 50.

II - Reply to M/Rural Development, 29 May, 2006

I thank you for your DO L-11025/7/2006-RH(A/c) dated 11 May, 2006 regarding the flow of benefits of the IAY to various sections of the people at the Panchayat level.

Social justice demands that, whatever the total funds, they should be divided among districts in proportion to their BPL population and then sub-allocated to various panchayats on the same basis. The needs of the BPL SC/ST households in a Panchayat should receive the first priority and their own share should be supplemented by the unutilized allocation for OBC’s and Minorities and even high castes who figure in the BPL Lists.

But SC/ST population is not uniform throughout rural India, even as proportion of the BPL population. The national average is 22.5 but there may be Panchayat in which they may constitute even more than 60% of the population. I would suggest for your consideration that in the Panchayat level allocation under IAY, the SC/ST should get a 50% weightage over actual BPL population but the balance may be distributed among other sections of the inhabitants in proportion to their BPL populations.

This distribution should be done at the Panchayat level under the supervision of the Block Samiti and not at district level.

I would be grateful for a copy of the IAY Guidelines. I would also be grateful to be informed of how the total allocation for the IAY is determined and the basis on which it is presently divided, district-wise.

Exclude Selected Under-graduate Centres

Letter to Minister of HRD, 9 June, 2006

I have always supported and demanded reservation for all disadvantaged groups in education. Indeed I feel that they should all have been logically provided reservation in higher education before public employment. Since we are committed to universalization of school education more or less upto secondary level. The reservation should apply for all government and government-aided higher secondary schools as well as to all first degree courses, general or professional. Also, among the degree colleges, a few selected colleges across the country which are centres of excellence and serve as national beacons should be excluded but urged to respond to the call of social justice as they deem fit. In any case, they account for a small percentage of national enrollment, faculty-wise. In my view, there is no justification for reservation in post-graduate courses or research institutions.

Exclusion of under-graduate Centres of excellence, post-graduate courses and research institutions shall take the wind out of the sails of the anti-reservation movement to a large extent. The government, instead of investing in expanding the few IIT’s, AIIMS’s or IIM’s, should invest as much as it can in upgrading school education and providing uniform education of quality to all our children from primary to secondary level, to prepare them for the competitive admission to higher secondary which is the gateway to professional colleges.

Finally, the proposed reservation should not be limited to government institutions, central or state, but to all government-aided general institutions, irrespective of whether the aid is non-recurring or recurring, in the form of land at concessional price or salaries of teachers and the cost of all educational infrastructure.

I request you to consider these suggestions so that the government may take all the people and build a consensus on ‘social justice without confrontation’.

‘Reservation’ in Private Sector on US Model

Letter to M/Social Justice, 16 June, 2006

Regarding Reservation for the Backward Classes in the Private Sector, may I suggest that you instruct your Ministry to study the US Fair Business Practices Act which mandates private business (commercial and industrial) to ensure that their recruitment pattern reflects the social demography of the area in which it is located and not to discriminate against any qualified/eligible applicants. As far as I now their recruitment records are subject to inspection by the authorities, if there is a complaint.

We should, however, realize that no private organization shall recruit under-qualified people in technical or management po