news details |
|
|
| NEED OF STATE MINORITY COMMISSION | | |
KEWAL KRISHAN PANGOTRA
Sometimes some progressive ideas come out from society and then we feel a bit satisfaction but when we experience non execution of the ideas, the hope converts into disappointment. It was April 2006 when the then Chief Minister Gulam Nabi Azad, while addressing a group of Christian brotherhood in Jammu, informally announced an appointment of a minority commission in near future in the state. Keeping in view the gist of Indian constitution it was a just, progressive and hopeful announcement in the political and social history of Jammu & Kashmir made till that day and at the same time it was welcomed and hailed too by other minority communities in the state.
So far as the security and bringing up of minorities is concerned, Indian constitution has a logical interpretation in some of its articles and clauses. While reviewing article 29, we find that the constitution hopes on the part of Indian states to fulfil the duty of safeguarding the languages, culture and script of minorities. Here we may also refer to some provisions of article 30 of Indian constitution but in Jammu and Kashmir the rights of minorities can be best protected by framing a powerful legal structure by the legislators in the state assembly. In this reference the official proclamation of Supreme Court has all the features of article 144 of Indian constitution, wherein every state of India is bound to safeguard the language, culture and script of minority communities. As such the proclamation of the Supreme Court and its meaning construe to define that minority community of any state are like those infants whose care and look after is the prime responsibility of states.
In Jammu and Kashmir Hindus, Sikhs, Buddhist and Christians all in one make minority community. At national level Hindus are in majority and the protection of minorities, particularly the Muslims, is the responsibility of majority community, as per doctrine of majority responsibility i.e. favour of minority by the majority. The doctrine has a sense of right way to fight against communal disharmony. But in Jammu and Kashmir the right way to manage different ethnical groups or say different religions is not being practised properly. The state has Muslims in majority and fearful migration of Hindus from Kashmir and massacre of Sikhs at Chatisingpora are the examples of minority insecurity in the state. Though, the concept and idea of minority commission is years old but unfortunately it has not yet been executed in the state. The question is – why the hypothesis of state minority commission has not been yet given practical shape positively and imperatively in view of ground reality? The problem of effective management of different ethnical groups in this part of south Asia is still unsolved. Although, Gulam Nabi Azad, being a Chief minister of the state had informally announced the appointment of a minority commission in 2006. Except this, the then govt. had published a proposal for comments to protect the revered contd. on page (2) ………
Need of state minority commission contd. ………
places of Hindus in the valley. Well, but no way is being paved to appoint a minority commission. The informal declaration made by Gulam Nabi Azad was a much later step. The minorities in the state appreciated the declaration but it was not given the practical shape by those who were at the helm of affairs. In reality, the much familiar state political tendency is involved in this most urgent issue. For example, west Pakistani refugees being part of minority community are deprived of the right to state subject. The centre at Delhi considers the issue only at national perspective. It is pertinent to note here that national minority commission in April 1999 has recommended treating Hindus of some states as minority. The states are Punjab, Sikkim, Meghalaya, Nagaland, Mizoram, Jammu & Kashmir and Lakshadweep (union territory). It was again on 18th of December 2009 when Jammu-Kashmir Minority Rights Forum in its state level convention repeated the demand of appointing a state minority commission in Jammu and Kashmir.
Protection of minorities is an issue of worldwide importance. Dr. Manmohan Singh, the Indian premier, while hypothesising good governance in Jammu and Kashmir appointed a working group under the chairmanship of Naresh Chander Sexena. The working group has also recommended for a state minority commission. Not only this, the United Nations too has favoured and showed concern for the interests of minorities in different states. In this context one can quote resolutions of United Nations’ Human Rights commission vide no. 46-115 dated 17-12-1991, 1962-16 dated 21-2-1992 and 1992-14 of 20-7-1992. Two points have been declared in article one of United Nation’s announcements.
1. A state has to protect the entity, ethnic culture, religion and lingual identity of the minorities of an area.
2. In order to achieve these particular target any state ought to frame proper laws and adopt other measure.
So for as J&K is concerned both United Nations as well as working group appointed by Prime Minister have recommended for the measure to adopt in favour and safety of the minorities. Despite announcement of Gulam Nabi Azad, former Chief Minister of Jammu and Kashmir and other recommendation from United Nation and other constitutional bodies, the delay is questionable. No doubt, article 30 of Indian constitution has sufficient in this respect but by establishing a proper legal setup the interest of minorities can be best protected. Unfortunately J&K has not moved in this direction. If the rights of minorities in the state would have been safeguard, there was no need of appointing a working group to recommend measures for the betterment of minorities. For the last 50 years there is continuous regional discrimination based on religion. Therefore, it is important to appoint a legally empowered minority commission as early as possible to care and safeguard minority communities i.e. Hindu, Sikh, Buddhist and Christian. Actually a legal structure for minority is needed and every institution so made as a consequence upon the powerful advocacy of Supreme Court for civil and human rights of these minority communities in Jammu and Kashmir. Keeping in view the way west Pakistani Hindu migrants, POK migrants, displaced Kashmiri Pandits from Kashmir valley and Dogras of Jammu have been neglected, the minorities should be given proportional representation in executive and legislative assembly of the state.
|
|
|
|
|
|
|
|
|
|
|
|
|
| |
| |
|
|
|
|
 |
|
|
