1

MOUNTING DISCRIMINATION

DECLINING HOPE- DILLEMA OF AN

INDIAN MUSLIM

AMIT SINGH

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NO LAW CAN CHANGE HEARTS OF PEOPLE,

ITS ONLY HEART OF PEOPLE…

For Mother, Father,

Margie, Yasu and Yanuar

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Content

Chapter I 05

INTRODUCTION

Discrimination and Equality

Chapter II 22

Religious Discrimination against Indian Muslims

resulting Backwards, Violence and Segregation

Chapter III 39

Perceptions of Indian Muslims on Religious Discrimination

Analysis and Conclusion 49

Reconciliation- A Way out 57

Bibliography 61

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ACKNOWLEDGEMENT

The successful completion of this book would not be possible without the

guidance and support of several groups and individuals. First and foremost, I offer

my deepest gratitude to Ms. Margie Gianan of Philippines, who took painful work of

editing this book and have provided valuable suggestions. Sincere thanks are

conveyed to Dr. Lenin Reghuvansi of People Vigilance Committee on Human Rights,

India. His precious suggestion has helped me in shaping up ideas during the early

phase of my writing.

Utmost gratitude is expressed to PVCHR-Dignityi Initiative “Healing and

empowering marginalized communities in India”, for providing generous research

grant to realize this project. I sincerely acknowledge deep insight shared by Fahad

Ahmed of UNDP, New Delhi.

Special thanks are conveyed to Irshad Ahmad and Arshad Alam, who

unselfishly gave effort and time in assisting me conducting field interviews in

Varanasi.

My mother, Smt. Vijay Laxmi Singh has been source of inspiration and

strength for this endeavourer and deserves to be gratefully acknowledged. Lastly, I

thank my father for his moral support needed to complete this book.

Amit Kumar Singh

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CHAPTER I

Mounting Discrimination Declining Hope- Dilemma of an Indian Muslim

Concern

Persistent decline in the social, political, and economic status of many

Muslim minorities in Asian countries such as China, Thailand, Myanmar,

Philippines, and India is significantly noted by scholars and, more recently,

acknowledged in the official reports of some countries (as Sachachar committee in

India). The combination of socio-economic decline, often accompanied by political

marginalization and physical ghettoization, has been devastating for the Muslim

communities in these countries, particularly in India. The net result is a peculiar

social and cultural stasis, lack of social mobility and religious discrimination

against majority of Muslims at a time when social structures, cultural conventions,

and established hierarchies are being overturned at an unprecedented rate by

Asia’s continuing economic growth (Shorenstein APARC, 2012).

However, in present context, India presents a paradoxical situation. With its

one hundred sixty million Muslim populations, India- the world’s largest

democracy, presently, is a nation where religious discrimination effectively has

hindered Indian Muslim’s access to public and private sectors and services. Rapidly

constricting Muslim’s religious identity signals that India’s cherished

multiculturalism is gravely under peril. Religious discrimination not only has made

Muslim being downgraded to second class citizen but also, stigmatizes whole

Indian Muslim community putting questions on their loyalty to India.

Discrimination practiced against Muslims has severely harmed equity, and

contributed to insecurity in the Indian Muslim communityii.

This book highlight, debate and discuss the growing trend and pattern of

discrimination against Indian Muslims affecting their overall progress ranging from

socio-economic sector to political participation. For better understanding of the

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discussed topic, this book is divided in three sections. In first chapter, concept of

discrimination, standards in international law, religious discrimination and state’s

obligations has been discussed. In addition, domestic laws related to discrimination

and protection of religious minorities has been discussed. In second chapter,

situation of Indian Muslim in the context of religious discrimination,

backwardness, and state apathy have been analyzed. Growing phenomenon of

Muslim ghettoisation and Communal violence is discussed in the framework of

discrimination against Muslim.

Third and Last chapter contains the narratives of Muslims in the context of

religious discrimination. An analysis and conclusion is presented in the last

section. Book concludes with recommendation to initiate the process of

reconciliation between Hindu-Muslim.

Intent of writing this book is to ignite and pushes the debate on the discrimination

against Indian Muslim which has been sidelined by mainstream debate.

To Quote

We think of 1947…as the year of independence from British rule but that is

not quite how the future will look upon it…Unless I am greatly mistaken, our

descendents will regards the transfer of power as less significant that the

inhumanity to which many Hindus, Muslims and Sikh allowed to sink that year. It

is [1947] year of our shame, not a year of our achievement…

Rajmohan Gandhi (Understanding the Muslim Minds)

“Discrimination and exclusion of certain groups due to their identity

based on social origin, ethnic and religious background, race, colour, gender and

nationality are common to several societies. It is well illustrated that the nature

and forms of discrimination and social exclusion have undergone changes over

time and space. While it has changed to fluid forms, practices of discrimination

overwhelmingly exist in the social, economic, political and cultural spheres of every

society, irrespective of the existence of legal safeguards and equal opportunity

policies. This seeks to extend discussions to the changing nature and forms of

discrimination and social exclusion…

….Discrimination has multiple ramifications related to exclusion from

economic entitlements, basic services and opportunities on one hand and

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humiliation, subordination, exploitation and denial of citizenship rights on the

other. It is well entrenched that discrimination and social exclusion leads to

widening of income inequalities, degree of poverty and deprivation by denying equal

opportunities and access to resources and services…

…. It is a well known fact that in India religion plays an important role. It

cross the entire framework and enters into the personal discourse of each and

every individuals of the society. Each and every religion mainly in Indian context is

an important source to gets its dominating nature with all forms of exploitation and

exclusion (Prasad, 2009).

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Introduction

Discrimination in various forms has continued against Indian Muslims

before partition of India. However, Babari Masjid demolition (1992) and Godhera

riots (2002) seriously created an increasingly hostile social and political climate

against Indian Muslims. Subsequent incidence such as Bombay serial blasts (1993)

Taj hotel bombing (2008) further exacerbated religious discrimination against

Muslims and fuelled more incidents in form of minor riots in northern India such

as Moradabad, Meerut and Aligarh. Heat and hatred generated during the Hindu-

Muslim conflict lingers over the time and permeate the system and society, has

condensed as a discrimination against India’s largest minority population.

Embedded structural discrimination has apparently manifested during

Hindu Muslim riots when police clearly stood by the Hindu rioter and paid no heed

on protection request by Muslims. In such situation Police often shamelessly have

derelict their duty to safeguard Muslim’s lives and discriminating Muslims by not

lodging their complaints, and fabricating cases of terrorism against Muslim youth.

Many of incidence of riots started (such as Rudraparya, Muradabad) merely when

police ignored complaint of Muslim minority at first hand thus leaving no option for

aggrieved partyiii.

Cases of religious discrimination are evident (after Hindu-Muslim riots) even

in delivery of food aid. It’s worth mentioning deaths of thirty two children died in

riot relief camp due to malnutrition (due to government’s apathy) is a point in this

case (Muzafarnagar riot 2013). Similar incidences of religious discrimination

against Muslims (in aid delivery) have occurred when Tsunami struck costal part of

India. Such religious discrimination against Muslim gets flare up due to election

polarization (whether state or national level election) where Muslims is often a

victim of electoral engineering by regional and national political parties.

There are strong evidences suggesting that Indian Muslims are indeed being

discriminated at various levels; which has resulted in the extremely backward

situation of Muslims. Beautifully crafted and diligently reasoned Sacher committee

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report (2006) has established that ‘extreme deprivation of Muslims in India and the

demeaning status that the community had been reduced to, laboring under

numerous exclusionary situations of violence, insecurity, identity crisis,

discrimination in the public sphere…, suspicion from other communities, of being

‘unpatrioticiv’. Committee’s sobering conclusion was that the community ‘exhibits

deficits and deprivation in practically all aspects of development’ (2006:237).

Therefore, one of the core reasons of Muslim’s community backwardness is

the ‘discrimination’ being practiced against them at socio-economic and political

level. Discrimination, which is deeply imbedded in governmental structure, is

severely affecting access and equity of Indian Muslim to public resources. On the

top, general population (Majority Hindu) at large has hindered Indian Muslims from

integrating into mainstream society which has resulted in segregation and

ghettoization of Muslim population.

Discrimination and Equality

Principle of equality and non-discrimination is the corner stone of

humanity, human rights and essential for human dignity. Together with equality

before the law and equal protection of the law without any discrimination, non-

discrimination provides the foundation for the enjoyment of human rights (Weiwei

2004). Word ‘exclusion’ is also stand close to ‘discrimination.’ While both exclusion

and discrimination is inter-exchangeable in most cases, but they are distinct in

meaning. Lee and Thorat (2008) describe this as ‘exclusion’ means prohibition from

participation whereas ‘discrimination’ is participation with negative distinction.

The principle of equality and non-discrimination guarantees that those in

equal circumstances are dealt with equally in law and practice. However, it is

important to stress that not every distinction or difference in treatment will amount

to discrimination.

In general international law, a violation of the principle of non-

discrimination arises if: a) equal cases are treated in a different manner; b) a

difference in treatment does not have an objective and reasonable justification; or c)

if there is no proportionality between the aim sought and the means employed.

These requirements have been expressly set out by international human rights

supervisory bodies, including the European Court (see, e.g., Marckx v. Belgium),

the Inter-American Court (cited in Weiwei, 2004- see, e.g,. Advisory Opinion No. 4,

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para. 57) and the Human Rights Committee (see, e.g., General Comment 18, para.

13 and Jacobs v. Belgium).

Discrimination is frequently encountered in families, workplaces, and other

sectors of society. For example, actors in the private housing sector (e.g. private

landlords, credit providers and public housing providers) may directly or indirectly

deny access to housing or mortgages on the basis of ethnicity, marital status,

disability or sexual orientation while some families may refuse to send girl children

to school. States parties (to the International UN Conventions and treaties) must

therefore adopt measures, which should include legislation to ensure that

individuals and entities in the private sphere do not discriminate on prohibited

grounds (General Comment 20, Committee on Economic Social and Cultural

Rights).

Committee on Economic, Social and Cultural Rights in its General Comment

No. 20 noted that “discrimination constitutes any distinction, exclusion, restriction

or preference or other differential treatment that is directly or indirectly based on

the prohibited grounds of discrimination and which has the intention or effect of

nullifying or impairing the recognition, enjoyment or exercise, on an equal footing,

of Covenant rights (International Covenant on Economic, Social and Cultural

Rights). Discrimination also includes incitement to discriminate and harassment.”

Provisions against Discrimination in International Law

The International Labour Organization in Article 1 of the discrimination

(employment and occupation) convention no. 111 prohibits discrimination on the

grounds of religion in employment or occupation. Article 1(1) ILO 111, which

provides that discrimination includes:

‘Any distinction, exclusion or preference made on the basis of

race, colour, sex, religion, political opinion, national extraction or social origin,

which has the effect of nullifying or impairing equality of opportunity or treatment

in the employment or occupation [?].’ Thus, the right to equal treatment requires

that all persons be treated equally before the law, without discrimination.’

The principle of equality in certain circumstances requires a state to take

affirmative action in order to diminish or eliminate conditions that cause or help to

perpetuate discrimination. The Human Rights Committee has clearly stated this

obligation in General Comment 18, and the Committee on Economic, Social and

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Cultural Rights frequently refers to the duty to take affirmative action in its

Concluding Observations.

Provision against discrimination has found expression in The International

Covenant on Civil and Political Rights (ICCPR) in Articles 2:

“Each State Party to the present Covenant undertakes to respect

and to ensure to all individuals within its territory and subject to its jurisdiction

the rights recognized in the present Covenant, without distinction of any kind, such

as race, colour, sex, language, religion, political or other opinion, national or social

origin, property, birth or other status.”

In addition Article 26 of the ICCPR prohibits discrimination on grounds of religion.

“All persons are equal before the law and are entitled without any

discrimination to the equal protection of the law. In this respect, the law shall

prohibit any discrimination and guarantee to all persons equal and effective

protection against discrimination on any ground such as race, colour, sex,

language, religion, political or other opinion, national or social origin, property,

birth or other status.”

The non-discrimination provisions of the International Covenant on

Economic, Social and Cultural Rights (ICESCR) Articles 2(2) and is similar to

Article 2(1) and of the ICCPR and was intended in relevant part to have the same

meaning.

“The States Parties to the present Covenant undertake to guarantee that the

rights enunciated in the present Covenant will be exercised without discrimination

of any kind as to race, colour, sex, language, religion, political or other opinion,

national or social origin, property, birth or other status.”

The International Convention on the Elimination of All Forms of Racial

Discrimination does not explicitly prohibit discrimination on grounds of religion.

However, in many instances, discrimination on grounds of race, ethnic or national

origin may also constitute discrimination on grounds of religion, or racial

discrimination may arise together with discrimination on grounds of religion, such

as in case of multiple discriminations.

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The Convention on the Rights of the Child Article 2(1) of the CRC prohibits

discrimination against any child on the grounds of religion. The Convention on the

Rights of Persons with Disabilities Preamble paragraph states that states Parties

are concerned about the difficult conditions faced by persons with disabilities that

are subject to multiple or aggravated forms of discrimination on the basis of several

grounds, including religion. Accordingly, Article (2) includes a reference to the

prohibition of all discrimination on the basis of disability and to guarantee persons

with disabilities equal and effective legal protection against such discrimination on

all grounds.

The European Convention on Human Rights Article 1 of the ECHR prohibits

discrimination on grounds of religion in the enjoyment of the rights under the

convention. According to the UNESCO Convention Against Discrimination in

Education (1966), the term ‘discrimination’ includes distinction, exclusion,

limitation or preference which being based on race colour, sex, language, religion,

political or other opinion, national or social origin, economic condition or birth, has

the purpose or effect of nullifying or impairing equality of treatment in education.

There are a number of types of conduct that are prohibited under

international discrimination law.

• Direct discrimination is based on the idea of formal equality. It may be

defined as less favorable or detrimental treatment of an individual or group of

individuals on the basis of a prohibited characteristic or ground such as race, sex,

religion or disability.

• Indirect discrimination occurs when a practice, rule, requirement or

condition is neutral on its face but impacts disproportionately upon particular

groups, unless that practice, rule, requirement or condition is justified.

Prohibitions of indirect discrimination require a state to take account of relevant

differences between groups.

• Harassment may be defined as occurring where unwanted conduct takes

place with the purpose or effect of violating the dignity of a person and of creating

an intimidating, hostile, degrading, humiliating or offensive environment.

•Victimization may be defined as any adverse measure taken by an

organization or an individual in retaliation for efforts to enforce legal principles,

including those of equality and non-discrimination.

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Under international discrimination law, a state may also be required (or permitted)

to take measures to ensure the ‘equality in fact’ or substantive equality of protected

groups.

• Positive action or affirmative measures (also known as ‘special measures’)

are proactive measures taken by a government or private institution to remedy the

effects of past and present discrimination by instituting preferences that favor

members of previously disadvantaged societal groups. Such preferential treatment

runs counter to the strictly formal notion of equality but may be essential to ensure

substantive equality. Many international instruments explicitly permit positive

action without imposing an obligation on states to take such measures.

• Reasonable accommodation- this concept was initially developed in the

context of employment conditions and referred to any adjustment to a job,

employment practice, work environment, or the manner or circumstances under

which a position is held or customarily performed, which makes it possible for a

qualified individual to apply for, perform the essential functions of and enjoy the

equal benefits and privileges of employment.

Obligations of State

India has signed and ratified various UN conventions and treaties thus are

legally accountable to protect, promote and fulfill its human rights obligation in

this case protecting Indian Muslims against discrimination. Indian Constitution in

Part IV: Directive Principles of State Policy, under Article 51(c) has mentioned that,

“The State shall endeavor to foster respect for international law and treaty

obligations in the dealings of organized people with one another.” Thus, it is

imperative for India to respect not only its treaty obligations but also constitutional

provisions to safeguard Indian Muslim’s interests.

In this connection (about obligation of states to fulfill obligations),

Committee on Economic, Social and Cultural Rights illustrates,

‘In order to eliminate substantive discrimination, States parties may be,

and in some cases are, under an obligation to adopt special measures to attenuate

or suppress conditions that perpetuate discrimination. Such measures are

legitimate to the extent that they represent reasonable, objective and proportional

means to redress de facto discrimination and are discontinued when substantive

equality has been sustainably achieved (General Comment 20).

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However, there are two kinds of state obligation, negative and positive.

1. Negative Obligations of the State

International non-discrimination law is primarily addressed to States and

refers to this protection as the ‘negative obligation’ of the State. In the context of

discrimination, States must fulfill the obligations laid down by international human

rights treaties and they are liable if those legal obligations are breached.

Consequently, international human rights bodies have largely focused on cases

involving discrimination by the State itself or agencies and individuals that act on

its behalf.

This negative obligation not to discriminate also applies to the introduction

of legislation or the application of such legislation. In its General Comment No. 18,

the Human Rights Committee (HRC) stated that,

‘Article 26 [of the International Covenant on Civil and Political Rights

(ICCPR)] is… concerned with the obligation imposed on States parties in regard to

their legislation and the application thereof.

Thus, when legislation is adopted by a State party, it must comply with the

requirement of Article 26 that its content not be discriminatory. A public authority

may also be responsible for any discrimination that occurs when its functions are

delegated or sub-contracted to a private entity or individual.’

In B.d.b. v the Netherlands (cited in Weiwei 2004, No. 273/1988, ICCPR),

the HRC said that a State is ‘not relieved of obligations under the Covenant when

some of its functions are delegated to other autonomous organs.’

2. Positive Obligations of the State

Equality cannot be achieved if only public authorities are subject to rules on

nondiscrimination. Efforts by States to further the equality of vulnerable groups

may be limited if society in general discriminates against them as in case of Indian

Muslims and Dalits. Therefore, case law from some international bodies has looked

at the obligations of the State not only to comply with non-discrimination principles

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itself, but also to ensure that those principles are implemented within the State

between private actors.

Positive obligations of the State under international instruments may

include obligations to implement, to guarantee or to respect rights. These

obligations are rarely explicitly set out in such instruments. Nevertheless,

international tribunals have been active in developing positive obligations in cases

where there would be no practical and effective guarantee of rights or remedy if

they did not exist. In order to do this, they have relied on provisions such as Article

2 of the ICCPR, which obliges each State party to ‘respect and to ensure to all

individuals within its territory and subject to its jurisdiction’ the rights in the

Covenant.

On national implementation, Committee on Economic, Social and Cultural Rights

(General Comments 20) specifies,

“In addition to refraining from discriminatory actions, States parties should

take concrete, deliberate and targeted measures to ensure that discrimination in

the exercise of Covenant rights is eliminated. Individuals and groups of individuals,

who may be distinguished by one or more of the prohibited grounds [including

Religion], should be ensured the right to participate in decision-making processes

over the selection of such measures. States parties should regularly assess whether

the measures chosen are effective in practice.”

Thus, a states obligation is not just limited to forming laws but also its strict

implementation on every level particularly elimination of systemic discrimination.

Further instructing state parties Committee express,

‘States parties must adopt an active approach to eliminating systemic

discrimination and segregation in practice. Tackling such discrimination will

usually require a comprehensive approach with a range of laws, policies and

programmes, including temporary special measures. States parties should consider

using incentives to encourage public and private actors to change their attitudes

and behavior in relation to individuals and groups of individuals facing systemic

discrimination, or penalize them in case of non-compliance…

… Public leadership and programmes to raise awareness about systemic

discrimination and the adoption of strict measures against incitement to

discrimination are often necessary... Eliminating systemic discrimination will

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frequently require devoting greater resources to traditionally neglected groups.

Given the persistent hostility towards some groups, particular attention will need to

be given to ensuring that laws and policies are implemented by officials and others

in practice. (Committee on Economic, Social and Cultural Rights General

Comments 20)

On providing remedies and accountability of the member states Committee in para

40.30 instruct,

“National legislation, strategies, policies and plans should provide for

mechanisms and institutions that effectively address the individual and structural

nature of the harm caused by discrimination in the field of economic, social and

cultural rights. Institutions dealing with allegations of discrimination customarily

include courts and tribunals, administrative authorities, national human rights

institutions and/or ombudspersons, which should be accessible to everyone

without discrimination… Domestic legal guarantees of equality and non-

discrimination should be interpreted by these institutions in ways which facilitate

and promote the full protection of economic, social and cultural rights.”

Discrimination on the grounds of Religion

Religious discrimination refers to a disadvantageous consideration or

distinction of people on the basis of their religious affiliation, their personal belief

(or non-belief), their faith-based appearance or behavior or their assumed religious

affiliation. Unfair treatment and hostility related to personal beliefs are

unfortunately quite common in India and they are often aggravated by deep rooted

prejudice, especially towards religious minorities particularly Muslims.

Committee on Economic, Social and Cultural Rights in General Comments

No. 20 illustrates, “This prohibited ground of discrimination covers the profession

of religion or belief of one’s choice (including the non-profession of any religion or

belief), that may be publicly or privately manifested in worship, observance,

practice and teaching. For instance, discrimination arises when persons belonging

to a religious minority are denied equal access to universities, employment, or

health services on the basis of their religion.”

Many international Covenants and treaty cover discrimination against religion

under the freedom of religion. Some of them are listed below.

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The International Covenant on Civil and Political Rights, Article 1 of the ICCPR

provides that:

‘Everyone shall have the right to freedom of thought, conscience and

religion. This right shall include freedom to have or to adopt a religion or belief of

his choice, and freedom, either individually or in community with others and in

public or private, to manifest his religion or belief in worship, observance, practice

and teaching.”

In addition, The European Convention on Human Rights, Article 1 of the ECHR

prohibits discrimination on grounds of religion in the enjoyment of the rights under

the convention. Article 9 on freedom of religion provides as follows:

1. Everyone has the right to freedom of thought, conscience and religion;

this right includes freedom to change his religion or belief and freedom, either alone

or in community with others and in public or private, to manifest his religion or

belief, in worship, teaching, practice and observance.

2. Freedom to manifest one’s religion or beliefs shall be subject only to such

limitations as are prescribed by law and are necessary in a democratic society in

the interests of public safety, for the protection of public order, health or morals, or

for the protection of the rights and freedoms of others.

Religious Discrimination may happen in a range of situation, such as in

employment, work place, education, social life, and in performing religious

activities in direct or indirect ways. Thus, there are international standards that

specifically cover those violations originating from particular discriminatory acts.

Some of them are listed below.

Non-discrimination and Equality in Economic, Social and Cultural Rights

Committee on Economic, Social and Cultural Rights in General Comments

no. 20 suggested as how discrimination is affecting socio-economic and cultural

rights of people all over the world.

‘Discrimination undermines the fulfilment of economic, social and cultural

rights for a significant proportion of the world’s population. Economic growth has

not, in itself, led to sustainable development and individuals and groups of

individuals continue to face socio-economic inequality, often because of entrenched

historical and contemporary forms of discrimination. Non-discrimination and

18

equality are fundamental components of international human rights law and

essential to the exercise and enjoyment of economic, social and cultural rights.

The principles of non-discrimination and equality are recognized throughout

the Covenant (ICESCR) stresses the “equal and inalienable rights of all” and the

Covenant expressly recognizes the rights of “everyone” to the various Covenant

rights such as, inter alia, the right to work, just and favorable conditions of work,

trade union freedoms, social security, an adequate standard of living, health and

education and participation in cultural life.”

In Chapter II and III of this book, various instances related to religious

discrimination against Indian Muslim, rampant in realm of socio-economic and

political sphere, are analyzed.

Discrimination related to Religion or belief (Related to Employment and

Work place)

Discrimination is most likely to occur in matter of employment or in work

place and could deeply influence one’s right to not to be discriminated. Broadly,

there could be four types of discrimination can happen related to employment.

(a) Direct discrimination

It is direct discrimination to treat a person less favourably (or differently) due

to his/her religion or philosophical belief or that of someone else, or because of lack

of religion or belief. For example, an employer refuses to employ a worker because

s/he is Muslim; an employer sacks a worker on finding out that s/he has Muslim

friends.

However, it is not unlawful for the discriminator to treat a worker less

favourably because of the discriminator’s own religion/belief or lack of

religion/belief. This may not be a problem if such discrimination can also be

described as on grounds of the worker’s religion or belief. The employer's motive is

irrelevant and apart from some specific exceptions (for genuine and determining

occupational requirements and limited positive action), there is no defence (Lewis,

date?).

(b)Indirect discrimination

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Indirect discrimination occurs where an employer applies a provision,

criterion or practice which puts people of a certain religion or belief at a particular

disadvantage. The employer may justify the provision, criterion or practice if s/he

can show it is a proportionate means of achieving a legitimate aim. For example, an

employer requires a post-holder to work late on Friday. This would indirectly

discriminate against observant Muslim workers who cannot offer prayer on Friday.

(c) Victimisation is where the worker is treated less favourably because s/he

has complained in some way of discrimination related to religion. There is no

protection if the worker made a false allegation in bad faith. For example, if an

employer denied an employee official promotion or perks just because one is

Muslim.

(d) Harassment is where, on grounds of / for reasons related to race, sex,

religion, etc the harasser engages in unwanted conduct which has the purpose or

effect of violating the worker’s dignity or creating an intimidating, hostile, degrading

or offensive environment for the worker. Such as, passing religion centred remarks

on employee at work place either by employer or by colleagues.

Next section will briefly highlight legal provisions against discrimination in the

Constitution of India.

Indian legal safeguard against discrimination and equality

The makers of India's Constitution sought to shape an overarching Indian

identity even as they acknowledged the reality of pluralism by guaranteeing

fundamental rights, in some cases through specific provisions for the protection of

minorities. These include freedom of religion (Articles 25-28); the right of any

section of citizens to use and conserve their "distinct language, script or culture"

(Article 29); and the right of "all minorities, whether based on religion or language,"

to establish and administer educational institutions of their choice (Article 30).

Domestic law covers broad ranges of discrimination including religious against

discrimination. Indian laws given below are directly or indirectly provide legal

safeguard against discrimination on various grounds including religion.

Article 14 of the Indian Constitution states that the State shall not deny to

any person equality before the law or the equal protection of the law within the

20

territory of India whereas Article 15 stress prohibition of discrimination on grounds

of religion, race, caste, sex or place of birth. In addition Article 16 refers equality of

opportunity in matters of public employment.

Article 16 (1) states, there shall be equality of opportunity for all citizens in

matters relating to employment or appointment to any office under the State while

clause (2) expresses, ‘No citizen shall, on grounds only of religion, race, caste, sex,

descent, place of birth, residence or any of them, be ineligible for, or discriminated

against in respect of, any employment or office under the State.’

In addition, the Constitution of India (Part III: Fundamental Rights) grants

every Indian citizen Right to Freedom of Religion, Cultural and Educational Rights

and the Right to Constitutional Remedies for the enforcement of the aforesaid

rights. Article 29 (2) is related to the protection of interests of minorities states, ‘No

citizen shall be denied admission into any educational institution maintained by

the State or receiving aid out of State funds on grounds only of religion, race, caste,

language or any of them.’

Under Part IV : Directive Principles of State Policy, Article 38(2) instruct

that, ‘The State shall, in particular, strive to minimize the inequalities in income,

and endeavor to eliminate inequalities in status, facilities and opportunities, not

only amongst individuals but also amongst groups of people residing in different

areas or engaged in different vocations.”

Above section on domestic and International laws including case law, have

provided a strong legal basis to fight against discrimination. International

standards on Non-discrimination and equality are employed to measure the

member’s states compliance with its legal obligation to International treaties such

as United Nations Conventions. Domestic protection through Constitutional

provisions is mainly used by civil society members and victims to safeguard the

right to be not discriminated on the basis of religion and identity. However, if a

Country ignore or failed to protect the human rights of its citizen, one can seek

redress through International mechanisms such as Human Rights Council though

in a limited manner.

This chapter has provided an overview of the current situation of Indian

Muslims in relation to the religious discrimination. International law and State’s

legal obligations is discussed. In addition, briefly highlighted the salient feature of

21

Indian Constitution related to legal safeguard against discrimination which protects

and promotes equality.

i the Danish Institute against Torture, Denmark

ii (India America Today, May 2006) iii Social, Economic and Political Status of Muslim Indian- The Role of India’s National Commission of Minorities- Wajahat

Habibulla iv Sacher Committee Report 2006

Chapter II

Religious Discrimination against Indian Muslim resulting in

backwardness, violence and segregation

Constituting 13.4 % of Indian population, narratives of Indian Muslims bear the

stigma of the past. The lost children of India’s partition (as Gayer and Jaffrelot (2012) refer

them) still perceived as the main culprits in the ‘Vivisection of India’, and their loyalty has

been continuously questioned by sections of media and of the society at large. They are

suspected of Pan-Islamic leanings by Hindu nationalists who are accountable to wage

violence against Indian Muslims.

Unfortunate incidence of 9/11 has made Muslims all over the world more vulnerable

and susceptible to religious discrimination and racial abuses. All these overt and covert anti-

Muslim sentiments have resulted in religious discrimination against Indian Muslim. Sheer

magnitude of governmental and public apathy towards Indian Muslims is reflected in their

(Muslims) pitiable situation in socio-economic and politico sphere.

That’s why world community needs to focus their attention on this matter. In

particular, Indian government needs to take some considerable measures to protect is largest

minority. Cumulative impact of discrimination on Muslims community has been resulted in

their abysmal condition on socio-economic and political front. Suicide by poor Muslim

weaver in Varanasi or segregated Muslim ghettos in Ahmadabad, is not isolated events but, is

the consequence of religious discrimination practiced by state agencies and public at large.

Interviews conducted by this author have confirmed assumption that religious

discrimination is partly responsible for the deplorable condition of Muslims in socio-

22

economic and political front (See, chapter III). Pervasive discrimination in governmental

sector amplified with entrenched biases in society against Muslim, is eroding their faith in

rule of law and Indian’ style of democracy.

Poor representation of Muslim youths in government sector, official apathy,

discriminatory attitude while implementing welfare policies in Muslim areas; and denial of

justice (delayed justice, no compensation), if a Muslim wrongfully implicated in terrorist

cases, have been highlighted in variety of governmental and individual reports.

The Indian Muslims tend to be excluded from power structure such as judiciary,

administration and the police. In 2002 they represented only 6.26% of the 479 High Court

judges of India, 2.95% of the 5,018 Indian Administrative Service (IAS) officers and 4.025 of

the 3,236 IPS officers (ANHAD, 2007, pp.65-67). This marginalization in the police forces

and the judiciary has aggravated the Muslims’ vulnerability of anti-terrorist measures (Gayer

and Jaffrelot, 2012).

In this connection, heart-rending cases of suicide of Banarasi Sari weavers (mainly

Muslims) and, significantly increasing incidences of torture of innocent Muslim youths in

police custody are matter of grave concern (Nagvanshi, 2013). In some instances, Muslim

weavers complain that for taking loans banks conduct rigorous investigations, often

maliciously, as a result of which they fail to receive loans or else have to pay hefty sums as

bribes, making it difficult to repay them. Even to get loans from the Prime Minister

Employment Scheme Muslim weavers face considerable discrimination (Ali and Sikand,

2006). Even national human rights mechanism takes sides on the lines of religion and has

given preference to Hindu complainants over Muslims (Raghuvanshi, 2013). In addition,

situation of Muslims has worsened due to organized violence and police indifference towards

them.

A publication of People Vigilance Committee on Human Rights, (Repression,

Despair and Hope, 2013) has well documented such cases of polices torture (police colluding

with perpetrator in Hindu-Muslim riots) practiced against Muslims in four districts of Utter

Pradesh namely Aligarh, Meerut, Moradabad and Varanasi. Interestingly, after Mujjafarnagar

riots (2013) some Muslims were coerced to withdraw their complaints who were victims of

the riots (Times of India, 3 Dec. 2013). In, after riots scenarios- discrimination into supply of

government relief aid has been observed. In such times Muslim youths are prone to be

23

implicated in terrorism cases and criminal activities (PVCHR 2012). In strict legal parlance,

these cases may not fall in the category of religious discrimination, but definitely is the final

consequence of structural discrimination targeted towards Muslim minorities.

Direct and indirect effects of discrimination are apparent in backwardness of Muslim

(to some extent) confirmed by governmental reports. India’s Human Development Report

2011 cites only a little improvement in the socio-economic status of Muslims in India

compared with other excluded groups. Compared to Schedule Cast/Schedule Tribe and other

social and religious groups, urban poverty is highest amongst Muslims, and rural poverty

amongst Muslims is also higher than that of other religious groups and other backward

classes (OBCs).

Sachar Committee report (2006) gave a detailed report about the deplorable

conditions of Indian Muslim the second highest incidence of poverty, with 31% of people

below the poverty line. Not only was the literacy rate for Muslims far below the national

average in 2001 but the rate of decline in illiteracy has also been much lower than among

Scheduled Castes and Scheduled Tribes. In no state of the country is the level of Muslim

employment proportionate to their percentage in the population, not even in the State of

Jammu & Kashmir with a 66% Muslim population.

Even in supposedly Muslim friendly state such as West Bengal- the anti-Muslim bias

displayed by government and private recruitment agencies, accounted for in process of social

marginalization have translated into spatial segregation of Muslim (Gayer and Jaffrelot

2012). West Bengal, where Muslims constitute 25% of the population, their representation in

government jobs is as low as 4%. Muslims have considerably lower representation in

government jobs, including in public sector undertakings, compared to other excluded

groups.

Muslim participation in professional and management cadres in the private sector is

also low. Their participation in security-related activities (for example in the police

department) is considerably lower than their population share, standing at 4% overall. Other

figures on Muslim representation in civil services, state public service commissions, railways,

and the department of education, are equally discouraging (Sachar Committee report 2006).

However, despite this, discrimination, social stagnation and educational marginalization

cumulatively resulted in growing economic backwardness of the Muslims in large parts of the

24

country. Altogether, economic and educational deprivation reduced the community's ability

to seek relief from government development schemes (Ali and Sikand, 2006).

However, what is alarming here is the extent the discrimination has seeped into the

government machinery and restricting access to resources to Muslim community. Sachar

committee has recommended in its report, “While equity in the implementation of programs

and better participation of the Community in the development process would gradually

eliminate the perception of discrimination, there is a need to strengthen the legal provisions to

eliminate such cases. It is imperative that if the minorities have certain perceptions of being

aggrieved, all efforts should be made by the State to find a mechanism by which these

complaints could be attended to expeditiously.”

In above statement committee has clearly recognized the gravity and severity of the

issue that Muslims are being victimized, and the discrimination is definitely one of the

stumbling blocks in their path of development and it must be dealt immediately. (Similar

views have been shared by Muslim respondents who have participated in the personal

interviews conducted by the author). A subsequent report by the Justice Ranganath Mishra

Commission (2007), which has examined the conditions of all minorities, further emphasized

the deplorable condition of Muslims on socio-economic indicators and endorsed the findings,

arguments and recommendations of the Sachar Committee report.

These governmental reports obliviously show that Muslims have been excluded from

development process (evident from poverty and discrimination indicators), have been denied

fair and equal access to justice in the case of both targeted violence during communal riots as

well as day-to-day, and identity-based discriminatory practices in accessing rights and

entitlements.

In highlighting communal biases and discrimination against Indian Muslims, the US

international report on religious freedom (USCIRF 2013), has highlighted,

‘Since July and September 2011 terrorist attacks in Mumbai and New Delhi

respectively, there have been reports of increased police harassment and detentions of

Muslims on unfounded allegations of terrorist activities and membership in terrorist groups.’

In July 2012 report, the Tata Institute of Social Sciences (TISS) found that 96% of

Muslims in jails in the state of Maharashtra are not linked to criminal gangs or terrorist

25

groups, despite being detained on those allegations. Additionally, the report noted that 25%

of those Muslims in jail do not have lawyers. The report also found that most prisoners were

detained by police with just mere allegations of criminal or terrorist activities, and that

evidence was not required.

A Council on Foreign Relations background document of 22 June 2007, stated,

‘India‘s booming economy has left the nation‘s largest minority group lagging behind.

Muslims experience low literacy and high poverty rates, and Hindu-Muslim violence has

claimed a disproportionate number of Muslim lives… Yet Muslims can impact elections,

using their power as a voting bloc to gain concessions from candidates who court them.’

Finally, based on above reports it can be confirmed that up to some extent,

backwardness of Indian Muslims is partly due to the discrimination they face on daily basis at

various levels in range of field. Reports governmental, private and individuals are replete

with the instances of discrimination against Muslims.

Centre for Equity Studies (2011), which assessed ‘flagship programmes’ for minority

(15 points Prime Minister Program) found that the programmes selected were neither located

in nor benefited Muslim populations. Further, discrimination on the part of the government

was highlighted when, in 2010, on the basis of reports and complaints received from the 90

minority-concentrated districts on ineffective implementation and the biased attitude of

government officials, the central government appointed 90 national-level monitors to monitor

implementation; they could find only seven Muslim monitors out of the 90 (cited in

infochangeindia.org)

The report shows that up to the matriculation level in education, Hindu OBCs trail

behind the national average by 5%, while the figure for Muslims in general and OBC

Muslims is 20% and 40% respectively. In the field of employment in formal sectors, general

and OBC Muslims trail behind the national average by a staggering 60% and 80%

respectively. Even in landholdings, Muslims are far below the national average: general

Muslims: 40% and Muslim OBCs: 60%, whereas Hindu OBCs is approximately 20% below

the national average (infochangeindia.org).

26

Overall discrimination and violence have intensified the processes of segregation of

Indian Muslims particularly in urban areas resulting in their backwardness. In many cases

State sanctioned discrimination and persecution of Muslims (Juhapuara, Gujrat) have forced

Muslims to relocate themselves in the fringes of the city where they have to live in inhumane

and undignified condition often with limited basic amenities and access to the means of

livelihood. A diligent and scientific study of eleven Indian cities, conducted by Gayer and

Jaffrelot (2012) is captured this phenomenon (segregation/ghettoization) which is partially

originating from discrimination and negligence of the Muslim community by the government

and the majority Hindu.

Loic wacquant (2008, cited in Gayer and Jaffrelot 2012) has referred such areas as a

‘neighborhood of exile’ and has been called Mini-Pakistan by Indian critiques, highlighting

the stigma and hatred heaped on such Muslim neighborhood, which is partially responsible to

their backwardness and segregation from mainstream society.

The case study presented by Gayer and Jaffrelot (2012) depicts the insecurity faced by

Muslim in Indian cities. Violence induced feeling of insecurity have culminated into the Self-

segregation and ghettoisation of Muslim (See section- Increasing Ghettoes- sign of growing

religion discrimination). As Gayer and Jaffrelot remarked, ‘the ongoing ghettoisation of

Indian Muslims in Indian cities, at least in its most blatant form, is primarily the outcome of

organized violence- be it communal or, more rarely, sectarian [shia-sunni riot]- and only

secondly of economic marginalization or discrimination in the housing market.’

In above section current situation of Muslim in relations to their backwardness and

discrimination has been portrayed. Following section will throw the light on specific

incidences of discrimination against Indian Muslims.

Rising concern- declining hope

The chairperson of the National Commission on Minority Wazahat Habbibula writes

in anguish, “Government and civil society at large have tended to overlook the need to

address day-to-day discrimination, practices of exclusion, and insecurity faced by members

27

of the Muslim community. The Muslim minority is clueless about how to deal with open or

subtle discrimination when they attempt to access services and infrastructure such as banking;

when they are denied access to mainstream society’s spaces and public spaces like housing,

space for shops or businesses, etc…

He further writes, ‘when they [Muslims] are labeled terrorists or supporters of

fundamentalism, or even Pakistan supporters; when they are denied justice, such as the police

refusing to file cases, failure to punish perpetrators or being detained on false charges of

terrorism, etc.”

Above statement by the Chairmen of the National Commission on Minority

demonstrate hopelessness and desperation experienced by the largest minority of the country.

Among Muslims sense of being discriminated is high and there is nothing concrete being to

redress their grievances.

Identical concern was echoed in report named ‘Indian Muslims- Struggle for Inclusion,’

“Yet, despite individual successes, Muslims as a group have not prospered in

independent India. Recently, both in India and outside it, there has emerged an inchoate

concern that the existence of a large population of economically, socially, and culturally

marginalized citizens is an Achilles heel of national unity, as well as a source of potential

political and social instability…

Report further elaborate, ‘Some have feared that burgeoning anti-state pan-Islamist

ideologies based on a sense of grievance, and the violent groups inspired by those ideologies,

will also in the future seek to recruit dissatisfied Muslim Indians.’

Amit Pandaya (2010) poignantly remarked, ‘Even though the Muslim Indian

population (160 million) is almost as large as the entire population of Pakistan (180

million)…Muslim Indians remain relatively ill understood and understudied. Their

preoccupations and predicament are little known among non-Muslim Indians, let alone non-

Indians.’

Variety of available literature concerns on the growing cases of discrimination against

Muslims. Such incidence often finds spot in local news paper and passes unnoticed by

majority of the reader. In addition ineffective mechanism to claim the damage done by

discriminatory act or attitude lack of awareness on constitutional rights worsens the victim’s

28

situation. Needless to mention official apathy to file complaint in cases of religious

discrimination obviously discourages victim. However, it would be relevant to know specific

cases of discrimination faced by Muslim in different walks of life.

Religious discrimination against Muslims- factors and incidences

Some of instances below may not be discriminatory in legal sense, but constitute

substantial elements of religious discrimination.

Division of Indian history on the lines of ancient, medieval and modern is

discriminatory. Ancient Indian history is revered as a golden period (where Hindu

were dominant rulers) and medieval age is dubbed as a dark age of Indian history

because of Muslim rule. Biased division of history has done an irreparable damage to

Muslim welfare in India. This factor has pushed animosity and discrimination (to its

limits) against Indian Muslim in later period.

Significantly rising residential segregation and ghettos of Muslim community on the

fringes of Indian cities is outcome of religious discrimination (Gayer and Jefferlot,

2012).

Muslim women in burqa complain of impolite treatment in the market, in hospitals,

in schools, in accessing public facilities such as public transport, and so on.

Apart from the reluctance of owners to rent/sell property to Muslims, several housing

societies in ‘non-Muslim’ localities ‘dissuade’ Muslims from locating there. This has

also confirmed by interviewed respondents (See chapter III).

Incidence of Godhra riot (2002) is extreme emergence of officially sanctioned anti-

Muslim discrimination, sustained by several related developments in the state of

Gujrat.

29

Less than two months after Godhra, the number of displaced Muslims in camps was

150,000. The long-term trend has been an extreme form of residential segregation,

with even well-to-do Muslims who had been living in mixed neighborhoods moving

to exclusively Muslim communities. The already substantial disabilities suffered by

poor Muslim neighborhoods in the form of “redlining” (lack of accessible public

services such as banks, public transport, and schools) have been compounded as a

result of this intensified residential segregation (Gayer and Jefferlot, 2012).

Justice Srikrishna (Commission report of 1998) found that in Mumbai individual

policemen had participated in the attacks on Muslims, and that there was evidence of

anti- Muslim bias in the police force, which led to reluctance to take firm measures

against violence, looting, and arson as similar was the case in Godhera riots.

Muslim minority is helpless to tackle with such overt and covert form of

discrimination when they attempt to access services and infrastructure such as

banking; when they are denied access to mainstream society’s spaces and public

spaces like housing, space for shops or businesses, etc; when they are labeled

terrorists or supporters of fundamentalism, Pakistan supporters, etc; when they are

denied justice, such as the police refusing to file cases, failure to punish perpetrators

or being detained on false charges of terrorism, etc. (Sacher committee 2006). The

Sachar Committee report highlights how Muslims are constantly looked upon with

suspicion not only by certain sections of society but also by public institutions and

governance structures.

Report mentions identity-related discrimination against Muslim. It highlights how

Muslims are constantly looked upon with suspicion not only by certain sections of

society but also by public institutions and governance structures. A very important

aspect brought out by the data is the clear discrimination against Muslims in the

sphere of state provision of public services of all kinds. Mulling over pitiable situation

30

on Indian Muslim in the light of Sachar Committee, Rowena Robinson (2007)

remarked, ‘There is urgent need to rectify this imbalance.’

A recent study, finds that getting a call for interview can be reduced to as much as

33% for a candidate with Muslim names compared to an equivalent-qualified

candidate with high caste Hindu name. The researchers concluded that “[h]aving a

high-caste name considerably improves a job applicant’s chances of a positive

outcome” adding that “on average, college-educated lower-caste and Muslim job

applicants fare less well than equivalently- qualified applicants with high caste names,

when applying by mail for employment with the modern private-enterprise sector.”

A study conclusively proves that there is discrimination in corporate India against

Dalits and Muslims, with Muslims suffering the most (Thorat and Attewell 2007,

Economic and Political Weekly).

There is numerous case of discrimination against Muslims in rehabilitation process

after riots and natural disaster.

Muslims are more likely to live in villages without schools or medical facilities, as

Sachar Committee report found in 2006 and less likely to qualify for bank loans.

Recently on Property portal 99acres.com, a discriminatory advertisement was posted.

A broker-posted advertisement on the site for a Mumbai apartment with a ‘No

Muslims’ clause. Such discriminatory advertisement exclude prospective Muslims

buyer/occupant from property signifies growing and hidden biases against Muslims.

Facing religious discrimination in the Hindu-dominated job market, many young

Muslims are forced to assume fake identities.

Muslims posing as Hindus are mostly found in menial jobs in the unorganized sector

where worker's identity documents are not usually sought. Some placement agencies

across the country are helping Muslims find jobs in Hindu workplaces by introducing

them as Hindus (Aljazeera.com ). "The discrimination - which is nothing but religious

31

identity-based exclusion - exists in organized government sectors too (A respond to

Al Jazeera news).

"Workplace discrimination forces Muslims to adopt fake Hindu identities. Because of

this discrimination, most Muslims are unable to upgrade their standard of living."

Widespread prejudice against Muslims also keeps them from living in urban India,

(Ayasha Pervez, social worker in an interview to Al Jazeera).

“It is dangerous to ignore the role of official discrimination or neglect in the denial of

equal educational opportunity to Muslims, it is also important to recognize all

significant sources of their disadvantage (Panday 2010).

The National Commission of Minority (NCM) does not address the critical issues of

socio-economic exclusion and discrimination suffered by Muslims in India as evident

from the proceedings of meetings or action taken by the NCM (infochangeindia.org).

Minority-related schemes like the Prime Minister’s 15-Point Programme covering

issues of education, employment, housing and credit have also failed to address

Muslim deprivation (infochangeindia.org).

Many instances of discriminatory and deferential treatment by police during riots and

minor Hindu-Muslim conflicts in Faizabad (2012), Ambderkernagar (2013) is

documented and highlighted (Grassroots Reality of Communal Violence, 2013).

PVCHR’s fact finding committee has noted a variety of cases where police in Hindu-

Muslim conflicts (Bajardeeha riot, 2009) has taken one sided action against Muslims

(Ibid).

Above points depict that Muslims are among the most deprived of India’s social

groups and communities and their social, occupational and economic profile is appalling. As

Rowena Robins (2007) correctly remarked, “marginalization, discrimination, violence and

social exclusion have further depressed Muslim aspirations and pushed down levels of

achievement.” Even National Human Rights Commission National Commission of Minority

has failed to redress the grievances of Indian Muslims.

32

However, the cable, originated from American embassy in New Delhi (leaked by

WikiLeaks, 2010), says that majority of the Muslims live in a very poor condition despite some

of the millionaires from the community, like Azim Premji, influence Indian market. It says:

"Iconic celebrities such as Bollywood actor Shahrukh Khan attract legions of fans, while

millions of Muslims languish in poverty. Since Independence, three Muslims have been

appointed as President, but Muslims are grossly under-represented in Parliament and other

elected bodies". "These seeming contradictions reflect overall socioeconomic trends in India: a

tiny percentage of Muslims thrive, while the vast majority struggles to support themselves".

The cable, however, noted that Indian Muslims are eager to catch up to their compatriots.

"Their Sufi heritage, promoting pluralism and tolerance, should leave them well-equipped to

compete in secular India. However, lingering resentment from the partition and external

influences threaten to divide the community".

Next section discuss the issues of Muslim ghettoes, followed by discussion on Hindu-Muslim

violence as author believe these two issues are entwined and consequence of deep rooted

discrimination against Muslims in Indian society.

Increasing Ghettoes/segregation- sign of growing religion

discrimination

Increased polarization of Hindu-Muslim identity after Babri Masjid Demolition in

1992 has led to the increased ghettoization of Muslim community. Events such as Godhera

riots (2002) resulted in polarization of Hindu-Muslim identity and subsequently ‘othering’ of

the Muslim community. This notion of “othering” has a negative connotation attached to it

and it compels a series of discriminatory attitudes and behaviors towards them by the

majority group (Rani 2013). In the context of the marginalized and excluded people like the

Muslims in India, Bauman explicitly stated that,

‘The other end are crowded those whose access to identity choice has been

barred, people who are given no say in deciding their preferences and who in the end are

burdened with identities enforced and imposed by others; identities which they themselves

resent but are not allowed to shed and cannot manage to get rid of. Stereotyping, humiliating,

dehumanizing, stigmatizing identities…(Bauman, cited in Rani 2013)’.

33

This continuous process of ‘othering’ involves subtle nature of structural violence

which further resulted in social marginalization, spatial ghettoisation and thus social

exclusion of the Muslims (Rani, 2013). Experience has shown that biases act on and thrive in

the face of such blurred and indistinguishable planning in the context where inequality has its

grounding in identity politics.

Muslims Ghettoes, is a form of underprivileged localities is partially outcome of the

Hindi-Muslims violence, social exclusion and a living symbol of religious discrimination

against Muslim. Gayer and Jaffrelot, (2012) had diligently researched on such Muslim

ghettoes and Muslim ethnic enclaves. The main distinction between the two categories is that

of choice, with ghettoes marked by the forced exclusion of a particular group versus ethnic

enclaves the product of an elected choice amongst members of a community.

While places such as Juhapura in Ahmedabad and Shivaji Nagar in Mumbai can quite

easily be categorized as ‘ghettoes’ in that they are the direct result of communal violence,

most Muslim localities are more difficult to identify.

Gayer, in his study of Abul Fazal Enclave in Delhi has highlighted the ambiguity of

choice—the ‘choiceless’ nature of choice—in situations where individuals are bound by

multiple constraints when making their housing decisions. New Seelampur in the north-east

part of Delhi is such example. Juhapur (Ahmedabad) is the largest Muslim ghetto in Asia

where before Godhera riots (2002) 250000 Muslims used to live. After riots, population of

Muslim significantly reached to 400000.

News paper The Hindu writes about Juhapur ghetto. ‘These ghettos present a picture

of filth, slush and puddle of dirty water. They swarm with flies and mosquito. There are no

sewerage lines. A foul smell permeates the air. There is no water supply. Further, Hindu

writes, ‘Just adjacent to Muslim enclave affluent Hindu neighborhood exist.’ Muslim

residents of Juhapur complained of increasing discrimination and official neglect

(Ibtimes.com).

34

In fact, a huge wall has been erected to divide (a demarcation of discrimination)

between Muslim ghetto and affluent Hindu society of Jhupura. Such ghettos are visible

(increasing) in all most all Indian cities include Varanasi (Bajardeha and Lohta), Mumbai

(Shivajii Nagar), and Ramganj in Jaipur.

A Muslim ghetto represents the deliberate marginalization by the state. Official hardly

bother to implement government schemes in ghettos. In addition, discrimination and

security imperatives are mutually reinforcing factors in the making of Muslim enclaves

and ghettos (Jaffrelot and Thomas 2012). Besides, self-segregation is amplified by unequal

access to housing market and by feeling of insecurity to create Muslims ghettos.

Muslim ghettos did not come up suddenly. In most cases, they are made up from

those Muslims who were pushed to ‘safe area’ by communal violence. In some cases poor

urban Muslim regrouped themselves (Self-segregation) in backward Muslim dominated

slums (Ibid). However, in Juhapura (BJP- ruled Gujrat) resident did not choose to relocate

there but constrained to do so by the security question, a product of the state sanctioned

discrimination and persecution of the Muslim population.

Social activist Ram Puniyani expresses his dismay over escalating tension between

Hindu and Muslims due the ghettoisation of Muslims, “Such ghettoisation of Muslims in

cities like Mumbai and Ahmadabad clearly shows how the mutual trust among

communities has vanished. And so the socio-economic enhancement of the minority

community has stalled."

Most ghettos come up on the fringes of the city and away from Hindu mainstream

and lack basic amenities. Muslim usually after large scale riots gradually concentrates in

ghettos. Gayer has highlighted that spatial segregation/religious discrimination through

subtle and not-so-subtle forms of housing discrimination is becoming increasingly

prevalent in urban centers of India (Ibid).

Needless to say, ghettos and Muslim enclaves, upto some extent, are symbol of fear,

insecurity and discrimination faced by India’s biggest minority. (In some cases ghettos and

ethnic enclaves are occupation and caste baste).This phenomenon also suggest that Indian

35

society is in the process of disintegration, where a large numbers of people are excluded

due to their religious faith, thus policy makers and majority (read Hindus) have clearly

failed to respect the essence of Indian Constitution which assert equality and non-

discrimination.

Communal Violence

Partition of India (1947) started a vicious circle of Hindu-Muslim conflict all over the

country. Since then animosity and hatred between Hindu-Muslim have found expression

in sporadic event of communal violence often known as Hindu-Muslim riots. According to

Zoya Hasan, “the incidence of communal violence has increased over the last two decades

with a six fold increase being registered between 1954 and 1985. Hindu-Muslim conflicts,

in which Muslims is often a worst sufferer, led pervasive fear and insecurity among

Muslims, resulting in their Self-segregation/ghettoisation, physical and social distance

from Hindu society and neighborhood.

The increasing communal polarization and broadening of the Hindutva fascist

ideological base is being intensely felt by the Muslim community in the country. The trend

is dangerous…it could cause further religious polarization, leading to further social and

economic marginalization of the community... because of the growing influence of

Hindutva forces, of both the 'soft' and 'hard' variety, many Muslims feel their identity is

under threat (Ali and Sikyand 2006).

Robinson (2005) echoed same concern, ‘immense fragility of Muslim participation

further intensifies their vulnerability to the displacements, physical and economic, caused

by situations of continual communal strife.’ Communal tension (including minor daily

tension between Hind-Muslim) usually decrease the opportunity for social interaction

between the two group, feeds on and nurture stereotypes about the ‘other’ which are then

manifested as problems arising from a growing population and spatial concentration of the

Muslim population (Rathor in Gayer and Jaffrelot 2012).

36

In this connection, Muslim narratives, (Gayer and Jaffrelot, 2012) project the

community as a victim not only of Hindu conspiracies but also of international campaigns

of vilification in the aftermath of 9/11. Cumulative effect of Hindu-Muslim violence have

resulted in amplified suspicion and mistrust among both communities leading to the

targeted practice of discrimination against Muslims, deeply affecting the core of their

(Muslim) lives.

In Hindu-Muslim riots there is a trend of police complicity wherein police colluded

not only with the dominant community but also with right-wing groups to perpetrate

violence against the Muslim minority. The denial of justice by police to Muslims reflects

the communal bias entrenched in Indian police machinery. This kind of bias, if unchecked

and left unaccounted, increases the level of mistrust felt by the minority towards the

justice mechanism, and results in deep skepticism about the state’s protection and justice

machinery (Habibbulla). Police repression often in active collaboration and instigation by

state authorities during communal riots further demoralized Muslims, caused loss of

confidence in secular forces and resulted in withdrawal symptoms and a siege mentality

(Ali and Sikand 2006).

A variety of such examples presented in this book has confirmed the discriminatory

treatment of government officials during and after Hindu-Muslim riots. While communal

violence may not be a cause for Muslim backwardness, however, increased instances of

discrimination against Muslims has been one of its major outcome, where Muslim’s

religious identity is targeted selectively. In addition, there is some evidence to argue that

the expectation of recurring violence may play a very important role in depressing

fortunes, fostering insecurity and increasing social and economic vulnerability [Robinson

2005, Interviews conducted by the author, 2013].

However, whole Muslim community is struggling on the basis of their identity. This

process of structural violence has both physical and psychological impact on the lives of

the Muslims (Rani, 2013). This cultural domination vis-à-vis religion termed as a cultural

violence by Galtung, is structurally and culturally embedded in Indian society and thus

seems normal in everyday life. In this context, Galtung (1966) remarked, “Cultural

violence makes direct and structural violence look, even feel, right - or at least not wrong”.

37

Structural and cultural violence together strengthen the oppressive elements within the

structure and aim to avert the awakening and mobilization of critical consciousness of the

exploited, which could fight the violent conditions.

In addition, cultural nationalism has also been given as a reason for instances of

violence carried out by Shiv Sena, a fascist political party. They initially claimed to speak

for the people of Maharashtra, but their rhetoric quickly turned to inciting violence against

Muslims. According to Sudipta Kaviraj the VHP are still engaged in the religious conflicts

which began in medieval times (wikipidia). Ironically, this Hindu hate campaign is

contrary to the Hindu philosophy which stressed upon the unity of the world as a single

family. The concept of ‘Vasudhaiva Kutumbakam’ (Vasudha- the earth, iva- is,

kutumbakam-family) originates in the Vedic scripture Maha Upanishad (Chapter 6,

Verses 72, clearly profess that “for the noble heart, however, the entire earth is but one

family.’

Legal response to combat Communal conflict

After Godhera riots in 2002, the Indian parliament introduced the Communal

Violence (Prevention, Control and Rehabilitation of Victims) Bill in 2005. The bill (pending

in parliament) - holds public servants accountable for their negligent behavior or willful

failure in controlling riots. This includes witness protection, relief, reparation; restitution and

compensation become the right of every victim of communal and targeted violence.

Although it’s clear that a specific bill to address communal violence is the need of the

hour, whether this one will be translated into a reality is debatable. Any new bill or

progressive piece of legislation will have to be executed by the same government and police

machinery, institutions and actors that have a deeply entrenched bias against Muslims. It will

be a challenge to make the bill effective in the given scenario (Habibbulla).

This chapter drew attention on gross to subtle incidences of discrimination against

Indian Muslim. Not only governmental reports, NGOs fact finding committees and

International watchdog have emphasized imminent need to protect Indian Muslims from

38

discrimination, but also have underlined the growing intolerance of Hindu majority resulting

in communal violence and forced and Self-segregation of Muslim.

However, Indian government is not doing enough to protect its Muslim citizen from

social and political exclusion. Feeble attempt of Indian government to protect Muslim is

apparent in its failure to pass Communal violence bill so far, and not to mention sheer

negligence of officials to implement Constitutional law at the grass root level.

Chapter III

Perceptions of Indian Muslims on Religious

Discrimination

This chapter presents information gathered from interviews. Discussion and

analysis are outlined integrating the data gathered from various stakeholders’ point of

view. This study emphasizes need to initiate and speed up the process of

reconciliation to eliminate religious discrimination.

Methodology

This study has employed qualitative research methodologies tools such as

interviews, semi-structured interviews in order to fully understand the scope of

understanding among Indian Muslim’s world views, thoughts regarding

discrimination they face. Most of the respondents are from urban area of Varanasi.

Sample size is small (7 respondents). Open ended questions were asked.

Interviewed Muslim respondents represent diverse background and profession;

have expressed their experiences of discrimination in different walks of life.

Throughout interview similar concerns on; exclusion from development process,

barring of Muslim youths in education, employment, and exclusion in decision

making and exploitation from political process and seclusion from mainstream Indian

society have been echoed.

39

While borrowing money from Bank get increasingly difficult for Muslims,

feeling of insecurity among Indian Muslims is intensified by Hindu communal forces

and increasing economic challenges. Most of the respondents complained that history

being used as tool to discriminate and incite violence and hatred against Muslims

community. In most cases (collected primary and secondary data) police, either, was

mute spectator or were hands in gloves with perpetrator.

Narratives

Naiem, (41) Industrialist, Pune

Mind of a Hindu child [since childhood] is defiled through communal

education against Muslims. Muslims are portrayed as violent, ruthless, invaders, and

meat eaters. Thus young mind easily gets influenced and corrupted. I was once denied

flat in a housing society due to my religion… I think in govt. jobs Muslim youths are

being discriminated. Interview panel have biases against Muslims applicants and

since selector are usually from Hindu community they prefer Hindu candidate.

However, private company doesn’t discriminate against Muslims thus many of

Muslim youths are employed in private sector…

…Religious discrimination at various levels in government is affecting

Muslim youth. Court and police system is also biased against Muslim. They take side.

They support Hindu. They work on the lines of religion and they don’t trust on

Muslims.

…Though there are plenty of laws and regulations to protect Muslims but

there is no implementation. And implementation is not possible because Hindu

official are creating stumbling block in execution of policy meant for the benefit of

Muslims…

…Clearly they discriminate Muslims. Officials must be made accountable for

their misdeeds. There should be monitoring mechanism to monitor the

40

implementation of the law and institutions. We need political leadership who are

secular and inclusive…Some sector of Media is biased against Muslims portraying

them anti-national, Media broadcast selected news to show Muslims in poor light.

Private media is driven by profit...

…Education must be improved. Quality education must be delivered to

people. Distorted history, discriminatory statements from school text book must be

removed. In addition, contribution of Indian Muslims rulers must be acknowledged

particularly in the field of architecture, art and literature, social welfare. Portrayal of

Muslim rulers in text books should be in correct manner. [Respondent believes people

who practice discrimination do not have quality education].

Maulana Batin, (52)

Mufti a Banaras (Religious leader and preacher), Varanasi

Religious discrimination can be seen in economic and political area. In

Economic area, systematic deprivation has been destroyed (by governmental

negligence, corruption and discrimination) handicrafts industry, where most Muslims

are employed, such as lock industry of Aligarh and brass industry of Muradabad.

Pitiable situation of weavers of Varanasi is a point in the case…

…Government’s loan schemes are not serving its purpose and hitting on badly

small scale industries. Even those who are implementing polices on ground level are

biased against Muslims…officials have discriminatory attitude towards Muslims.

Many [government] schemes meant for weaver are not advertised in local news

papers. Official have tried to restrict information of welfare schemes meant to

improve condition of weaver…

…Muslims are being used a vote bank. Muslim’s representations in political

party have been abysmally low… Mainstream political parties are clearly biased

towards Muslims and give preferences to their political motives rather Muslim’s

welfare and representation. Bureaucracy and political leader work hand in hand

together against the benefits of the Muslim community…

41

…Innocent Muslims are being targeted on the pretext of terrorism control…

Their [youth in false cases] case is being delayed in court. Current situation is

hopeless, bleak and justice seems illusive [for imprisoned Muslim youth]…

….There is one incidence of religious discrimination I faced. In 2006, I wasn’t

allowed to enter into Gyanvapi Mosque because I refused to go through the police

check. As a Muslim Imam (religious leader) I was exempted from security check, thus

I resisted. But, police kept on insisting and later there was conflict and protest from

our community… Later police files cases against us. Though, chief minister of this

state [Utter Pradesh] ordered police to remove cases against us but police official paid

no heed. I think this whole case was religiously motivated [case of religious

discrimination]… we have not got justice yet…

…During 1991 riots in Madanpura [Varanasi], police took side of

perpetrator… Police filed many false cases against Muslim youths. Here police has

supported one side [taken favor]…

…Muslims’ populated area such as Bajardeha [Muslim ghetto], is not

provided basic amenities such as light, clean drinking water and sewerage. Official’s

practices religious discrimination against Muslims in providing public services...

…There are many welfare schemes for Muslims, but does exist on paper… Officer is

selective in implementing government policies…

…Only by transforming mind-set of majority [Hindu] discrimination can be

eliminated… Those who are responsible for practicing discrimination must be held

accountable... Muslims need to be more aware about their rights and should know

how to use law for their help. Situation must change... Everyone is equal and this

legal equality is must be realized. We must get what we deserve. Muslims are

backward because of lack of modern education. Our community is fragmented. We

have lost hope in current political system…

42

…Media have biased opinion towards Muslim community… They work

against us…Muslims are discriminated due to his religion and due to his [their]

disadvantage position in socio-economic and political field…Equality is a right of

every individual. Everyone must be treated equally and must have equal rights...

… Good education is most important, and is able to raise awareness about the

community. Lack of awareness about rights and proper education is cause of

backwardness.

Nasim Ahmad Siddiqi (55) Director, Junior High School, Varanasi

Selectors in government-job discriminates against Muslims youths, one can’t

get job in teaching sectors without paying bribe to officials… And Muslims don’t

have enough money to grease the palm of officials. Officials asks higher amount of

money (bribe) from Muslims comparatively to Hindu... Muslims children usually

after class 8 drop out since their families can’t pay school fees…These kids can get a

job as an assistance at garment shop on 3000 INR per month… Government

scholarship is not enough to cover these kids’ expenses. They [government] provide

meager amount of 300 INR per year [as a scholarship]...

...Most of schemes for Muslim students exist on paper only... Muslim youth’s

life could have miserable if they were not for private jobs…The Minoritiy

Commission of India have provided scholarship to Muslim students. A sum of 63000

INR was allocated to our school…But, due to corruption and official’s discrimination,

we could hardly get that money... This was [scholarship] for class 8th children…

…Religious discrimination coupled with corruption has aggravated our

situation. The local official of Minority commission in Varanasi discriminates in

sanctioning scholarship to Muslims children…

…After every riot there is great loss of lives, especially Muslim suffers a great

deal… Due to burning and looting of Muslims shops, Muslims also slides into

43

backwardness. It takes years to rebuilds lives after riots. In most cases politicians are

involved in inciting hatred against Muslims…

…Hindu groups such as Janis, Guajarati’s and Marwari are more

conservative... They have limited social contacts with Muslims. In their social life

they usually discriminate against us… They (Jains) can be very oppressive and

discriminatory. Their attitude towards Muslims is not suitable for communal

harmony….

…Muslims participation in politics is very limited. Political parties do not

prioritize Muslims in their agenda…They are not serious about promoting welfare of

community. Parties such as BJP sometimes have created hurdles in winning Muslims

candidates by filling dummy candidates against Muslims candidature. Some parties

make sure that Muslims should not enter into parliament…

…Majority [Hindu] is still hostile towards Muslims. Government intentionally

creates such a situation where Muslims find themselves fragmented on political

issues…Cause of Muslim’s backwardness is their lack of unity. Muslims need to

understand the importance of education as well…

…There is sewerage overflowing in front of our school, after several requests

to fix the problem, official won’t take care of it… They won’t pay heed. Most of

Muslim inhabited areas [ethnic enclaves] have limited and restricted public amenities.

Overflowing sewerages, supply of clean drinking water are common problem in

Muslims areas… Lives of Muslims have been more complicated due to unsuitable

government policies….

…There should be faire political representation of Muslims in politics. Riots

must be prevented. Muslims youths must be provided fair representation in

government and private jobs… Loan must be given on flexible term. Educational

uplifting of Muslims must be prioritized [by policy makers].

Saukhrala Khan (72) Manager, Muslim School, Varanasi

44

Those who implement government policy are not accountable to their duty.

They should not discriminate. Even government sometimes discriminates… Leaders

promise to community but never fulfill. In order to combat religious discrimination

policy change is must… Lack of education and unawareness about their rights makes

Muslims susceptible target of discrimination…

…In diverse society like India, toleration against Muslim is reducing, and so

the respect for URDU [Muslim language]. One of the reasons of our backwardness is,

after partition, most of educated Muslims went to Pakistan leaving Indian Muslims

society without any able leadership…

…Police discriminates on the lines of religions. After Hindu-Muslim riot this

phenomenon [discrimination] is very apparent… Muslim community feels insecure

after riot. Ghettos [Muslim] have emerged after riots, these [Ghettos] do not have

access to clean drinking water, and electricity and inhabitants technically lives on

garbage dumps…

…To prevent discrimination, a total change of mind set in police department

needed from top to bottom… No religion supports terrorism. But, Muslims are

blamed for it. Good and Bad people are everywhere. However, majority of people

[Hindu] have secular outlook…though government has failed to check religious

discrimination...

…Mainstream political parties are responsible for not accommodating

Muslims thus Muslims are not well represented in Indian politics...Most of the parties

exploit Muslims as a vote bank…Majority needs to change their mind set towards

minority community. Political leader divide Hindu-Muslim… We need to live in

harmony. Many people in my neighborhood take water [drinking] from my home. We

share our lives. Corruption aggravates situation.

Shekh Pervaze, 27, Professional, Varanasi

45

I was stopped by traffic police since I was not wearing helmet [consider

normal in Varanasi]. When I request them to let me go since I was late for Friday

prayer. They did not do allow me to go, whereas others [presumably Hindus] allowed

to go. Police intentionally kept holding me…Many of my friends were stopped by

traffic police because they are Muslim…

… Now many of my co-religionist is using Hindu names to avoid police

harassment. Some of them are using Hindu names to get the job and avoid

discrimination by police...

…I do not know why we have to hide our identity? Police kept bothering us.

We have to use fake names! Once I have faced religious discrimination while

applying for job. Interview board have discriminatory attitude towards Muslim

candidates…

… Officials who came from Delhi to interview us, made a sarcastic remark on

my friend who have long beard. Felt humiliated because of his appearance, my friend

was clearly discriminated due to his religion…You can see we are not being accepted

in mainstream society… In college, our fellow students call us Pakistani…They ask

as, ‘why we always support Pakistan during cricket match [a popular game]? We are

looked upon with suspicion and distrust by others…

…I heard during riots in Varanasi, police claimed to throw a Muslim doctor

from rooftop since police considered this doctor dangerous… Why police

discriminate against us? Why do not they allow us to live in peace?

…Condition of Muslim weaver is pathetic. Rich people exploit them. They are

being exploited and some of them have committed suicide… Poor weavers are

unwilling to register their names to get identity cards, because they are afraid to give

all information to government… They think this information can be used against them

especially during the riots. (In prior riots such information was used to attack on

Muslims community in Gujarat and Maharashtra). They are afraid that Police may

harass them. That’s why many Muslims weavers do not have voter’s identity cards…

46

…We don’t want government to know about our situation and location. They

did not provide us Adhar card [to get welfare benefits] yet…Police can’t change their

mind set [against Muslim] thus we don’t want to register our names for voter Identity

card...

…Muslims are legging being in education thus they are backward. But, they

have improved compare to earlier times... Must Muslim youths believe that they

would be discriminated in job (government job) thus they are discouraged to pursue

higher study… They prefer private job… Muslims are fragmented in various groups

such as Devbandi and Baralvi, they do not have unity so they cannot fight together for

their upliftment.

Dr. Shefiq Ulhaque, 39, Industrialist, Varanasi

Education is the cause of our backwardness. But, what will we do after study?

Where will we go after study? (Referring to discrimination in govt. job). Even after

Saccahr committee report, we are ignored! Arrival of many private companies

brought us hope and many Muslim youths are employed in private companies… but

after several incidences where Muslim professional were targeted for terrorism-

youths are increasingly losing hope in private sector...

….After class 12th, Muslim youth often do not pursue education. Since they

do not see job prospect in government department thus they are inclined to [do]

business…

In Mujjafarnagar riots- we did not get justice… There were [incidences of]

rape and looting during the riots…more attention was paid to Hindu victims but not to

Muslims. There was discrimination in delivering relief material. Political leaders just

paid lip service by visiting riots relief camps. They (leaders) are forcing riots victims

to go their home (where situation is still volatile, Mujjafarnagar riots 2012)… We are

being victimized in the name of terrorism…

…Hindu hardly votes for Muslim candidates. We cannot win by ourselves

(lack of majority) but our vote can be a deciding factor in election… We support

47

political party who could provide us protection. There are few seats where we can win

by Muslim vote...

…Police are biased because they are Hindu. Due to less numbers of Muslims

in police force, Muslims don’t feel safe… Police have discriminatory attitude towards

Muslims. Police atrocities are pervasive. Police tend to fire on Muslim’s procession

even in small matters whilst ignore other religious minorities’ mistakes. They seek

opportunities to incite violence against us…

…Once I went to enquire about flat to rent. First, owner agreed to rent me his

flat. After, knowing my name his mind changed, he refused to give me flat…Riots

should not happen. We need to be represented in all government jobs. We need

reservations in job otherwise we are sliding in backwardness day by day. Orthodox

Muslims are to be blamed for current situation [referring to extremism].

Sonu Shekh, 27, entrepreneur, Mirzapur

I feel and see discrimination in our society on daily basis. In our village Hindu

family ignore us. They want to talk to us. They think by drinking water and eating

food at Muslim’s home Hindu can be polluted. Religious discrimination is more

pervasive in rural area then city. In coaching center where I have studied, Hindu

students make sarcastic remarks on us. They call us ‘Pakistani’ and treat us like a

second class citizen. I feel that we are not being treated an Indian. Even teachers at

our center have discriminatory attitude towards Muslim…

…. It’s difficult for a Muslim to get job in government and private sectors.

Discrimination at the workplace is common. Traffic police is also biased towards us.

They are strict with us. They do not care if a Hindu do not follow traffic rule but

Muslims are served with heavy penalty and sometime police are abusive[to

Muslims]…They show open disrespect to Muslims…Some Hindu are hostile to us but

some are good…

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…I think, without changing the mindset of people, religious discrimination

cannot be eliminated. Even there are so many rules but their implementation is zero.

Government institutions won’t do anything to save us from discrimination…

…Muslims are weak due to lack of unity. There is lack of able Muslim

leadership. Conservative Muslims are creating problem. Our religious leaders Ulema

have narrow outlook towards society. They don’t represent us in true sense.

Analysis and Conclusion

Though respondents were small in numbers but the themes emerged from their

interviews, confirmed the assumption of discrimination of Indian Muslim. Most

respondents felt that discrimination against Muslims is certainly prevalent at various

levels of the society especially in government sector and, this has been deterrent to

Muslim youths who want to pursue higher education. Some of them blamed

‘discrimination’ is the cause of their backwardness.

Due to discrimination in government job, Muslim youths are less inclined

towards education. Indeed, the fact that Muslims cannot get jobs requiring education

because of discrimination is factor put forward by some scholars to explain the lower

literacy and higher drop-out rates of Muslims (Gayer and Jafferlot 2012).

Discrimination in job market is evident from most of the studies available (from

interviews as well).

Some studies have demonstrated that Muslim applicants to jobs in the private

sector were even more affected by selective discrimination than Dalits (Ibid). Some

respondents believe, they are lagging behind due to structural discrimination against

Muslims. Even governmental, individual and some scholarly report provide evidential

data which validates the narrative of respondents.

Most of respondents have highlighted deliberated marginalization of the

Muslims by the State, be it government job or their representation in Indian politics.

49

In this connection it is relevant to know that Hindu traditionalist who ruled over North

India- the Chief Ministers of Uttar Pradesh and Madhya Pradesh-never implemented

the polices had been designed by the government, such as the promotion of Urdu, the

impact of discrimination by the state is well reflected in the minimal presence of

Muslims among the salary earners of the public sector and within the civil service

(Gayer and Jaffrelot, 2012).

This alleged discrimination is deeply resented by Indian Muslims (as reflected

in interviews) and immediate impact of this feeling of discrimination has been

amplified by a form a self censorship, like withdrawing into their shell (Ibid).

Another themes emerged from interviews is the marginalization or

discriminatory treatment of Muslim by Indian politicians. Most of respondents

blamed politician to exploit them as vote bank. In same breath they also blamed

Ulema for poorly representing them in political area. Secondary data (available

literature, reports) also confirmed this fact.

In terms of representation in elective bodies, Muslims are pushed to the

periphery of the political system in many ways. Currently Muslim MPs represents 5.1

of the Lok Sabha MPs, but Muslim represents 13.4 % of the population (2001

Census). In states of Gujrat, Jharkhand, Karnataka, Delhi, Rajasthan and in

Maharastra-there is not a single sitting Muslim MP (Jaffrelot, Dutoya, Kanchana and

Gayatri, 2009). Muslims are also under-represented in the state assemblies (Gayer and

Jaffrelot, 2012).

In Marxist Historian Ram Chandra Guha words, “India’s national party has

never really treated them [Muslims] as full-fledged citizens of the land. For the

members and fellow travelers of the BJP, the Parsi is to be tolerated, the Christian

distrusted, and the Muslim detested. One form this detestation takes is verbal—the

circulation of innuendos, gossip and abuse... Another form is physical—thus, the hand

of the RSS and the VHP lies behind some of the worst communal riots in independent

India, for example Bhagalpur in 1989, Bombay in 1992, and Gujarat in 2002, when,

in all cases, an overwhelming majority of the victims were Muslims.”

50

In addition, Indian Muslims have generally been reluctant to form their own

political parties, fearing that their political mobilization on a communal basis would

reinforce religious polarization in the country (Gayer and Jeffrelot, 2012). The

feelings of insecurity of Indian Muslims have nurtured a minority complex which

helps to explain the political inhibition of Muslims and its support for traditional

support for religious elites (Ulama) until 1990s. These ulama have been more

concerned with the cultivation of Indian Muslims’ socio-religious particularism than

with uplifting of the community (Ibid).

Communal violence and discriminatory treatment of police is one of the most

discussed and flagrant issue coming out of interviews. All respondents were of

opinion that police is often in the hands of gloves with perpetrator, especially during

the riots. The manner in which Muslims have felt besieged and withdrawn into their

shell can also be attributed to the increasingly large number of communal riots that

affected in Indian cities- as evident from the number of casualties from this

community (Grassroots Reality of Communal Violence, PVCHR, 2012).

In fact, respondent’s claim completely have confirmed evidences gathered by

People Vigilance Committee on Human Rights (Varanasi based NGO) publication, in

which (in PVCHR doc, 2012) a nexus between police and communal forces has been

exposed, many incidences of Utter Pradesh police’ discriminatory treatment during

communal violence has been documented, highlighted and presented to the human

rights bodies of India.

Some respondents showed serious concern about Muslim youths being

implicated in false cases under the name of counter-terrorism by the State. In fact

scores of such incidences have been documented by All India Milli Council

(Scapegoats 2012) and PVCHR, where Muslims youths were targeted and killed in

fake police encounters (Batala House and Ishrat Jahan Encounter amongst them)

whereas, Hindu militants responsible for attacks on Mosque (Mecca Masjid, Nanded

Blast) were treated differently (Scapegoats, 2012).

51

Some Muslim youth respondents felt discriminated at public spaces, especially

by local traffic police (Varanasi) who practice double standards while implementing

traffic rules. It has been observed that police ignore traffic rules violations by a Hindu

whereas Muslim can’t be spared for the same minor offense. In addition, few

respondents claimed that they have faced discrimination in Hindu dominated housing

society, restricting Muslims to buy the property.

One respondents (from rural area) talked about the deep rooted hatred and

discrimination prevailing in local villages where Hindu maintain strict distance from

their Muslim neighbor. ‘They don’t drink or eat food at our home’, a respondent

lamented.

Some respondents complained about the projection of Muslim religion as a

violent and cruel religion among Hindu’s children due to communal education

cultivating a biased attitude towards Muslim and Islam. They were also concerned

about the manipulation of Indian History to project Muslims as invaders who tried to

destroy every beautiful thing including Hindu’s temple and Indian religion by

forcefully converting Hindu into Muslim. Few respondents lamented that the

contribution of Muslim ruler were completely forgotten and intentionally ignored.

Essence of above paragraph matched with the findings of Sachar Committee

which has highlighted cases of identity-related discrimination. It highlights how

Muslims are constantly looked upon with suspicion not only by certain sections of

society but also by public institutions and governance structures. Indeed, report has

reiterated the bias and discrimination Muslims face on a regular basis. Sachar report

also mentioned about several housing societies in ‘non-Muslim’ localities ‘dissuade’

Muslims from locating there.

Muslims say they feel inferior as “every bearded man is considered an ISI

agent”; “whenever any incident occurs, Muslim boys are picked up by the police” and

fake encounters are common (Sachar report).

52

Most of respondents asserted that they are being treated as a second class

citizen and their patriotism is questioned on daily basis. In fact perception among

Muslim community of neglect by society and apathy on the part of the government

has instilled a deep mistrust about ever realizing rights and entitlements. Muslims in

their daily lives have to prove their identity as patriotic Indian who must support

Indian cricket team; otherwise one is running the risk of being labeled as a ‘Pakistani

‘or unpatriotic.

Many respondents blamed the pitiable situation of handicraft industries (where

majority of Muslims involved) to corruption and on religious discrimination against

Muslim weavers and small scale industry owners. Many incidences of Muslim

weavers (Suicide, starvation deaths due to government’s negligence) have been

documented by Varanasi based PVCHR (PVCHR, 2012).

Government policy for uplifting the condition of small scale entrepreneur

quite often manipulated by local (implementing) officials, who sometimes have

religious motivation (confirmed in interviews), though corruption and inefficacy of

government officials are also responsible for deteriorating condition of Muslim

weavers. Aligarh lock industry almost witnessing the same situation. Traditionally

dominated by Muslims, Aligarh lock industry, currently have just one high profile

Muslim business men (Gayer and Jafferlot 2012).

Situation of Carpet wavers in Bhadohi is also pitiable. Though, there is no

direct discrimination involved. But, current deplorable situation of Muslim

worker/owners in their traditional industries is just a reflection of government’s failed

policy, apathy and biases towards Muslims.

Few respondents reflected on the severity of Hindu-Muslim riots on their

lives. In such riots Muslim always have bear the brunt. Neglected by government and

society, Muslim often has to face wrath and discriminatory treatment of police during

such events. Reality of Grassroots Communal Violence, a PVCHR, publication have

efficiently have covered many such incidences of police brutality on Muslim

community. ‘It takes years to rebuilds life after riots,’ one respondent commented

53

whereas other said, ‘police seek opportunity to incite violence against Muslims even

on trivial issues.

Another issue raised by respondents was impunity of the perpetrators whether

government official or ordinary Hindu folk. Evidences prove that Hindu rioters in

most cases are treated differently. Police hardly gets punishment for their involvement

in riots unless highlighted by media and NGOs (PVCHR, 2012).

However, few respondents lamented that few Hindu sects such as Jain,

Marwari and Gujrati’s are more communal and openly practice discrimination in their

daily lives against Muslim community. These Hindu communities, respondent said,

“prefer to do business among their ethnic groups, and do not share their community

life if their neighbor happened to be Muslims. They (Hindu community) consider

Muslim impure and violent thus have limited social interaction with Muslim. Their

social behavior towards Muslim reflects their discriminatory tendencies.”

In fact, the slaughter houses in Muslim areas and its association with non-

vegetarian food cultures of Muslims- and more specifically the consumption of beef-

feeds into its negative image as an undesirable cultural space, peripheral to the

mainstream (Gayer and Jaffrelot, 2012). Muslim neighborhood carries the notion of

being a forbidden territory associated with all that is foul and desirable.

These factors to some extent have aggravated Muslim’s social exclusion by

the orthodox Hindu communities and hindered their entry into mainstream society.

Muslim society is helpless when they are denied access to mainstream society’s

spaces as they do not know how to deal with it.

Some young Muslim respondent complained that in order to avoid daily

discrimination they are using Hindu names. By using Hindu names police do not

trouble them and they are easily accepted in mainstream society. Similar incidences

are reported from other sources. In an interview to Alzaeera (Alzaeera.com) many

Muslims complained that they face religious discrimination in the country's Hindu-

dominated job market.

54

Muslims who have secured jobs pretending to be Hindus are fiercely secretive

about their place of work. Noorjahan Khatoon, 42, who lives in a suburban slum and

works as a domestic cook in a Hindu household in a posh Kolkata neighborhood says

none, not even her close relatives know where exactly she is employed. Muslims

posing as Hindus are mostly found in menial jobs in the unorganized sector where

worker's identity documents are not usually sought. Some placement agencies across

the country are helping Muslims find jobs in Hindu workplaces by introducing them

as Hindus (Alzaeera.com).

Above examples shows an ongoing process of identity struggle (between

Hindu-Muslim) where having a Hindu identity is rewarded in form of job and feeling

of security whilst a Muslim identity could led to the denial and insecurity. Even in

many instances public display of religious identity (in forms of processions, festivals)

had been the cause of Hindu-Muslim riots. These are indeed an embarrassing example

from a multicultural Indian society depicting diminishing toleration of majority Hindu

to minority Muslim.

Finally, few respondents blamed local municipality (Varanasi) for

discriminating Muslim locality for not proving basic amenities such as road, drinking

water, waste disposal facility and electricity. Most of Muslim locality, even located in

the center of the city, is neglected by the civic authority, let apart Muslim ghettos at

the periphery of the city. Those Muslims living peripheral existence are neglected by

government authorities, too.

Neglect of Muslim localities by state authorities, translating into a lack of

infrastructure, educational facilities; the estrangement of the locality and its residents

from the rest of the city due to lack of transportation as well as limited job

opportunities, are a significantly rising social phenomenon among Muslim community

have well documented by Gayer and Jafferlot (2012), and confirmed the respondents

perception of neglect and discrimination. Limited access to these Muslim localities,

forcing its inhabitants to live in an inhumane condition qualifies to the breach of

55

international human rights treaties to which India is a party and has legal obligation to

implement the treaty laws.

This study compiles perceptions and individual experiences of Indian

Muslims. It is thus a valuable overview of feelings, fears and frustrations of Indian

Muslims. Islamophobic incidents and discourse which can be found increasingly in

the public and political domain, have translated into discrimination against Indian

affecting every aspect of their lives. Narratives of Muslims, governmental reports and

civil society confirmed the facts that religious discrimination is indeed hindering the

access of Muslims to public and private services thus they are forced to live a life of

second class citizen.

Distorted and divisive history has employed as a tool to incite hatred in young

minds of a Hindu child. Interestingly, in a study conducted by Ali and Sikyand (2006)

several Muslim respondents, (in Uttar Pradesh) also lamented what they referred to as

the government's consistent discriminatory policies vis-à-vis the Urdu language. Thus

effectively marginalizing Urdu and by de-linking Urdu from employment

opportunities the state had, they insisted, only further exacerbated the problem of

Muslim educational marginalization.

They further pointed out; government-approved textbooks often contain

negative portrayals of Islam and Muslims and are heavily laced with stories from

Hindu religious texts. The sort of nationalism that is sought to be inculcated in the

students through textbooks and school activities, such as compulsory prayers etc., are

also heavily Hinduised. Many respondents were critical of this, and expressed the

suspicion that this was part of a carefully calculated effort to 'de-Islamise' Muslim

children, to 'Hinduise' them as well as to promote anti-Muslim feelings among non-

Muslim students. Because of this, they said, some Muslim parents were reluctant to

send their children to school to study.

However, needless to say, above mention polices and extremist Hindu groups

have made life more challenging to a common Muslim as narratives of Muslims

reflected. Nonetheless, government mechanisms failed to redress their grievances.

56

Overall Muslim has been seen as threat to Hindu India. Not only Islam phobic

prejudice has constrained Muslim’s participation and representation in society and

politics, but also Media biases against Muslim is reinforcing their ‘existing

stereotyping.’

In order to uplift Indian Muslim education seems only saving grace of the

situation. If law has to work, it must be implemented in an unbiased manner,

otherwise, their faith in judiciary is corroding and at the moment justice seem illusive

to Indian Muslim. To reestablish their faith, India needs to be serious in its effort to

give their due rights. By violating several human rights of Muslims (either directly of

by the third party), India, is in breach of its International human rights obligations

thus can be dragged into the Human Rights Council.

In fact, degenerating status of Muslims is in stark contrast of rights Indian

Constitution has provided them. Though there is lack of specific law on protection of

Muslims against discrimination. However, in reality, no law can change the hearts of

people; only by changing hearts substantial societal change can bought, as some

respondents expressed that only by changing the mindset and attitudinal behavior

towards Muslims, religious discrimination can be eliminated from Indian society.

Reconciliation- A way out

Reconciliation is the most difficult thing, in politics as in life. However it goes

beyond forgiving and forgetting, or simply turning the page (The European Union

President Van Rompuy in his Nobel lecture, 2012). Now peace in Europe is evident

and war seems ‘inconceivable that’s what makes it ‘reconciliation’ so special.

However, so far ‘reconciliation seems illusive in the context of Hindu-Muslim tension

in Indian sub-continent.

In Revenge and Reconciliation Rajmohan Gandhi has acknowledges that

‘the heterodoxy of reconciliation [has] not become a dominant Indian or South Asian

trait’ while expressing his views on Hindu-Muslim conflict. History will not dissolve

57

resentments and suspicious. Selective history will in fact harden them.’ But he seems

hopeful, as he writes, ‘yet a frank and, as far as possible, non-partisan look at the past

can least tell us of blocks to Hindu-Muslim partnership and tell us, too, of what went

wrong, and why, in the efforts to remove them.’

If reconciliation is a pre-condition for Hindu-Muslim partnership and amity

then Muslim require understanding the Hindu mind, and Hindus the Muslim mind.

For reconciliation to work, both side need to be open hearted and forgiving. As

Rajmohhan Gandhi said, ‘listening with the heart as well as the ear, to what is said

and also to what is unsaid.’ Nonetheless, He has underlined the need for exploring the

strategies of reconciliation to diffuse the lingering tension between both communities.

For reconciliation to be effective a social and political dialogues must be

initiated at various levels in local, state and national forums. In such forums

awareness about Indian Muslim’s contribution to Indian history- to economy, cultural

heritage, education, unity and national freedom can be highlighted. Public and private

initiative to forge friendship and bridge the trust gap between Hindu and Muslims can

be promoted. To win the trust of minorities they must be included (it’s their human

rights) in decision making process affecting their lives.

In an attempt to bring Hindu-Muslims reconciliation an Interface Meeting with

Parliamentarians and Different Political Parties Leaders (2013) was a significant

events organized by PVCHR and Human Rights Law Network (NGOs). Issue of

minority Muslims such as police atrocities and discrimination against Muslims,

Hindu-Muslim riots, effects of communal politics was discussed and highlighted with

various political parties and civil society members.

Certainly there is a need for more dialogue, social inclusion and non-discrimination

policies in support and protection of the largest minority groups of India, which will

ultimately have benefits for the entire society. It is essential to send the message that

discrimination against Muslims and Islamophobia are entirely incompatible with

Indian values, and to urge Indian society to implement fully and effectively current

International and domestic laws against religious discrimination.

58

The question of religious discrimination is not limited to the Indian Muslims but

to extend to the pitiable situation of Hindus in Pakistan and Bangladesh, whose lives

are tormented by the extremist elements in Pakistani society. However, in

contemporary Indian subcontinent reconciliation seems least prioritized agenda in

political sphere. And Pakistan is not different too.

As I write these lines in the winter of 2014, the tension between India-Pakistan

is running high. Provocative remarks by the both side of political leaders and army

chief continued unabated. Thus, it may be needed more than ever, but mutual

understanding does not seem to be what mainstream Indian or Pakistanis, or Hindu

and Muslims, are yearning for.

Nonetheless, in distant past some steps were taken by Indian leadership and

political processes were initiated to start for reconciliation between India-Pakistan.

Ex-premier, India, Atal Behari Vajpayee correctly remarked during his trip to Lahor

(Pakistan):

I regret that we have spent so much time in mutual bitterness. It is unworthy of

two nations the size of India and Pakistan to have wasted so much time in mutual ill

will…the future demands upon us to think of the welfare of our children and their

children…We have had enough of enmity, let us live in amity…(cited in Gandhi,

2000).

Indo-Pak relation is not distinct from the issue of Hindu-Muslim relations as

Pakistan was part of India before 1947 and India has more Muslims then Pakistan

(Gandhi 2000). Thus, I infer that amicable relation between both countries has

potential to improve the situation of Muslim minority in India and Hindu minority in

Pakistan resulting improved treatment/relations between minority and majority

population in India and Pakistan. A definite outcome of this hypothetical situation

would be remarkably reduced religious discrimination in both countries against its

minorities, thus reconciliation is one steps towards combating discrimination.

59

We have laws to combat religious discrimination but in a real world, no law

and regulation is able to eliminate ‘societal discrimination’ from the minds of the

people. Only change of the heart can bring the needed social inclusiveness and

mainstreaming of the Muslim minority in India and Hindu minority in Pakistan and

Bangladesh.

Summary of the Book

In first Chapter of this book, an overview of the contemporary situation of Indian Muslims

has been provided. ‘Discrimination’ and ‘Equality’ is analyzed at theoretical level. Provision

against discrimination in International law and Obligations of a member States is analyzed.

Position against religious discrimination, particularly on economic, social and cultural, in

International laws and tribunals is discussed. Types of discrimination are underlined. A brief

section is given on Indian Constitution related to discrimination and equality has been laid

out. This Chapter concludes by elucidating the significance of legal provisions, at domestic

and International level.

Chapter II drew attention on the current situation of religious discrimination against

Indian Muslim and their consequence which is crystallized into backwardness, communal

violence and forced segregation of Muslim. Further, opinion of NGO and governmental

committees on the current state of Indian Muslim is underlined. Chapter also threw the light

specifically on increasing phenomenon of Hindu-Muslim conflicts, growing social distance

resulting in ghettoism and self-segregation among Muslim. Half-hearted attempt of Indian

government to pass the Communal Violence Bill is also discussed.

Chapter III provided narratives of Muslim in regard to their experience of religious

discrimination. Further, an analysis and conclusion is laid out. In last section, an imperative

of reconciliation and efforts are underscored.

60

BIBLIOGRAPHY

Ali. I., Sikand, Y. (2006) Survey Of Socio-Economic Conditions Of Muslims In India,

available at http://www.countercurrents.org/comm-sikand090206.htm accessed on

January 2012

Bauman, Z. (2004) Identity: Conversations with Benedetto Vecci. Cambridge: Polity Press

Choudhury, A., Izzidien, D, Khreeji I. (2006) Perceptions of Discrimination and Islamphobia,

Voices from members of Muslim communities in the European Union, European

Monitoring Center on Racism and Xenophobia, EUMC 2006

Committee on the Elimination of Racial Discrimination (2006) Reports submitted by States

Parties under Article 9 of the Convention, Nineteenth periodic reports of States parties

due in 2006, Addendum, India, CERD/C/IND/19

Committee on the Elimination of Racial Discrimination (2007) Concluding observations of

the Committee on the Elimination of Racial Discrimination, India, Seventieth session

19, CERD/C/IND/CO/19, February – 9 March 2007

Communal violence Hindu-Muslim available at http://en.wikipedia.org/wiki/Anti-

Muslim_violence_in_India, accessed at 24 December 2014.

Country of Origin Information Report (2012) India, Home Office, U.K. Border Agency

London

61

Europe From War To Peace (2012) The Nobel Lecture Delivered By Herman Van Rompuy

and Jose Manual Barroso, in The Nobel Peace Prize Laureate Exhibition, Nobel

Peace Center, Oslo

Galtung. J (1990) “Cultural Violence” Journal of Peace Research, 27(3)

General Comments, No. 20, International Convention on Economic, Social and Cultural

Rights, available at www2.ohchr.org/english/bodies/cescr/docs/E.C.12.GC.20.doc‎ Accessed on 17 January 2014

General Comments, No. 18, International Convention on Racial Discrimination, available at

http://www2.ohchr.org/english/bodies/cerd, accessed on 17 January 2014

George, G (2012) Human Rights, Dalits and the Politics of Exclusion in Ground Report

India, Noida

Grassroots Reality of Communal Violence in Uttar Pradesh (2013) A People Vigilance

Committee on Human Rights/JMN publication, Varanasi

Gandhi R (2000) Understanding the Muslim Mind, Penguin Group, New Delhi

Gayer L, Jaffrelot, C (eds) Safe and Sound: Searching for a ‘Good Environment’ in Abul

Fazal Enclave, Delhi in Muslims in Indian Cities Trajectories of Marginalization,

Harper Collins Publishers, New Delhi, 2012

Guha, R (2012) The Triple tragedy of the Indian Muslims, available at

http://ramachandraguha.in/archives/the-triple-tragedy-of-the-indian-muslims.html

accessed on 10 December 2014

Human Rights Committee, (1994) General Comment 18, Non-discrimination (Thirty-seventh

session, 1989), Compilation of General Comments and General Recommendations

Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI/GEN/1/Rev.1 at 26 (1994).

Available at http://www1.umn.edu/humanrts/gencomm/hrcom18.htm accessed at 17

December 2013

Habibullah, W. (2007) Social, Economic and Political Status of Muslim Indians- The Role of

India’s National Commission of Minorities

http://www.social_Economic_And_Political_Status_of_Muslim_indians_Habibullah.

pdf accessed at 10 December 2013

Hardgrave, R. (1993) The Dilemmas of Diversity, Journal of Democracy, Volume 4,

Number, pp. 54-68 available at

http://muse.jhu.edu/journals/jod/summary/v004/4.4hardgrave.html

62

India America Today (2012) Stanford Seminar, Identity based Discrimination Challenges

Indian Muslims, available at http://www.indiaamericatoday.com/article/identity-

based-discrimination-challenges-indian-muslims-notes-stanford

seminar#sthash.LZ15nIq8.dpuf accessed at 28 December 2013

India (2012) Human Rights Report, Country Reports on Human Rights Practices for 2012

United States Department of State, Bureau of Democracy, Human Rights and Labor

Jaffrelot, C., Thomas C. (2012) Facing Ghettoisation in ‘Riot-city’: Old Ahmedabad and

Juhapura between Victimisation and Self-help, in Muslims in Indian Cities

Trajectories of Marginalization, (eds) Gayer and Jaffrelot, Harper Collins Publishers,

New Delhi

Khanam, F (2009) Situation of Muslim in Bazarhiha and Lohta in PVCHR/SDT initiative

Quality Education to Marginalized, Pub. By Jan Mitra Nyas, Varanasi

Khan, S (ed.) Scapegoats, All India Milli Council, New Delhi

Mandar, H. (2007) in Promises to Keep, Investigating Government’s response to Sachar

Committee recommendations Centre for Equity Studies, New Delhi

Muslims masquerade as Hindus for India jobs, available at

http://www.aljazeera.com/indepth/features/2013/12/muslims-masquerade-as-hindus-

india-jobs-2013129134443863250.html accessed on 20 December 2013

Muslim discrimination in Housing, available at http://www.firstpost.com/india/no-muslims-

ad- in-99-acres-starts-fresh-debate-on-discrimination-1218351.html accessed at

12 November 2012

Non-discrimination in International Law (2011) A Handbook for Practitioners,

INTERRIGHTS Publication, UK. Available at www.interrights.org

Persistent exclusion of Muslims in India, available at http://infochangeindia.org/human-

rights/analysis/persistent-exclusion-of-muslims-in-india.html accessed on 30 Dec

2013ww.interights.org www.interights.org

Panday, A. (2010) Muslim of India Struggle for Inclusion, The Henry L. Stimson Center,

Washington

Prasad, C.(?) Social Exclusion and Religion: A Study of Dalit Muslims in India

Rani, P (?) Construction of Identity: Reflection through Lives of the Muslims

63

Rathore G (2012) Ramganj, Jaipur: From Occupation-Based to ‘Communal Neighborhood?

in Muslims in Indian Cities Trajectories of Marginalization, (eds) Gayer and Jaffrelot,

Harper Collins Publishers, New Delhi

Repression, Despair and Hope Mapping of Police Torture in Four Districts of Uttar

Pradesh and Strengthening Human Rights Institution (2013) People Vigilance

Committee On Human Rights’ publication, Varanasi

Rowena Robinson (2007) Indian Muslims: The Varied Dimensions of Marginality, Economic

and Political Weekly March 10, 2007

Shorenstein APARC Series (2012) Understanding Muslim Minorities in Asia - The Inter-

relationship of Socio-economic Status, Identity, and Politics, Stanford University,

available at http://fsi.stanford.edu/events/series/muslim_minorities_in_asia/ accessed

on 16 January 2014

U.S. Commission on International Religious Freedom (2013) Country Chapter on India,

available at www.uscirf.gov accessed on 14 December 2013

'US feels India has 180m Muslims', Times of India article, available at

http://articles.timesofindia.indiatimes.com/2011-09-04/india/30112634_1_indian-

muslims-shias-barelvi-and-deobandi accessed on 19 January 2014

Weiwei, L. (2004) Equality and Non-Discrimination Under International Human Rights

Law, Research Notes series The Norwegian Centre for Human Rights, available

at http://www.humanrights.uio.no/forskning/publ/publikasjonsliste.html

Zoya Hasan “Communal Mobilization and Changing Minority”, in David Ludden, “Making

India Hindu: Religion Community and Politics of Democracy of India,” Oxford

University Press, New Delhi, 1996, PP-87.

Web resources

http://www.anhadin.net/...What_it_Means_To...

http://timesofindia.indiatimes.com/topic/2013-Muzaffarnagar-riots

http://www.ncte-india.org/pub/hbt/chapter1.htm#ch17

http://fabricated.in/node/656

http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx

64

http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx

http://www.ilo.org/global/lang--en/index.htm

http://www2.ohchr.org/english/bodies/cerd/

http://tb.ohchr.org/default.aspx?Symbol=E/C.12/GC/18

http://www.firstpost.com/india/no-muslims-ad-in-99-acres-starts-fresh-debate-on-

discrimination-1218351.html

Author Bio-

Amit Singh is an India based Independent researcher writes mainly on the issues of human

rights particularly on discrimination, dalits and refugees. Amit holds three master degrees

including human rights and world history. In past Amit has worked with the United Nations

Office of the High Commissioner of Human Rights, the National Human Rights Commission

and The United Nations Development Project including NGO working on the ground level in

India and Thailand. His research on the ‘Pakistani Ahmadi Muslim Refugees in Thailand’

was first on this subject and was able to draw attention of the world community. Amit has

been invited to present his paper in various national and international forums including

University of Massachusetts, Boston, York University, and at the International Association

on the Study of Forced Migration. Amit attempt to ignite the mind and heart of people and

governments, by his thought provoking articles and research on human rights issues.

Contact- evolutionyog@gmail.com