So a person like me who feels like showing the finger to Communal and Casteist Judges….has his freedom. So i begin by showing my finger to the Supreme Court which banned jallikattu…To the increasingly irritating Aryan sore in the a** NDTV  …  And a finger for jhummar bose and again my ever vigilant colleagues for their observation regarding blogging and me…selohssa u kcuf

                   In a country as diverse as India, almost everyone qualifies to be a minority in one way or another.If someone is a religious minority, someone is a lingustic minority, someone happens to be ethnic minority and their are the little heard of sexual minorities also called as Transgenders/Enunchs.  The above statistics (pie chart) talks only about the religious minority.

          As if this was not enough the Constitution (103rd Amendment) Bill, 2004 to grant constitutional status to the National Commission for Minorities envisages a change in the way minorities are specified. This law that calls for determination of minorities on the basis of their relative population in state is  enitrely in contrast to the  international practise of determining the minorities relative to the entire nation .

      This law in its present form can spell as a disaster for India as an individual’s  status would change depending on his/her location, obviously it would lead to congregration or expulsion of groups from states. For instance people speaking tamil in Tamil Nadu lose their  minority status, albeit the Hindi speaking people who are a majority ( in entire India perspective)  would enjoy minority staus.

     So why is the fuss all about the minority status. The underlying issue is the constitutional provision which provides minorities to have their own educational institutions, to be more specific i provide you the exact text of our constitution.

PART III
FUNDAMENTAL RIGHTS
Cultural and Educational Rights

30. Right of minorities to establish and administer educational institutions.-

1. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

2. 1. In making any law providing for the compulsory acquisition of any property of any educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

3. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

                    The mentors of Indian constitution included this fundamental right for minortiies of Indian union and not Indian states as seperate. If the  law is enacted it would mean that all Islamic educational institutions in Jammu and Kashmir would lose their minority staus, also all Tamil educational institutions would lose their minority status within Tamilnadu.

         Institutions like Loyala College ( Chennai ) , St Stephens College (Delhi), Aligarh Muslim University might lose their minority status due to their communities larger presence in their state compared to other.

         This law has been bought in due to a number of observations by Judiciary recently.But one has to keep in mind although Indian Judiciary is Independent it doesnt mean it is always correct. Secular aspect of Indian Judiciary is increasingly becoming a controversial issue and many social activist contest that Indian Judiciary is no longer entirely Secular. There are number of cases in support of this argument. I will mention the most  infamous one:

•          Supreme Court’s September 12, 2002  judgment in the NCERT case.

    To tell you in breif the judgement called Hindutva ( Remember BJP’s Hindutva ) to be secular . I wonder wether the court would accept jihad as secular, afterall the concept is not bad but those who interpret it wrongly are bad.Praful Bidwai wrote in an article in Frontline( Volume 19 – Issue 20, October 12 – 25, 2002) :              

             “This verdict will go down as a starkly negative landmark in independent India’s judicial history. It is internally inconsistent, logically inadequate in its treatment of issues, and incompatible with the principles of secularism, equality, and the fundamental right to education that are embedded in India’s Constitution. It also has negative implications for the rights of children to unbiased information, and to education based on genuine respect for pluralism and difference in a multi-cultural, multi-religious society such as India’s.  “

Click here to see the entire text of Praful Bidwais article.

         Thus it would be nice if Legislature shows its wisdom by not enacting a questionable suggestion of Judiciary. I have my relatives as of now in three states, so would be many of you. Just imagine if Hindi speaking persons are a minority in Southern states/North eastern states, then all existing minority institutions of that particual regional language would  lose their minority status, while Hindi institutions would enjoy minority status.

       But who are the real bennificiary ? For example hindi institution in Tamilnadu would not  have all its students from Tamilnadu but mostly from Hindi speaking states where Hindi speaking persons are majority. In contrast Regional linguistic institutions would not be able to enjoy the rights in their own state but would have to move to another state ( nearly impossible ) to have the bennifits.

     Any one with common sense would know and understand that it is natural that a Tamil educational Institution would most probably come up in Tamilnadu and not in Delhi,  because it intends to protect its own identity. This law when applied in religious context is more devastating, since it is a known fact ( After Sachhar commitee report ) that Muslims in our country are laging behind in educational field due to lack of modern education, over this if you apply this law the existing few institutions ( which are obviously located in muslim majority areas ) would lose their minority status.

    And a word of caution for Indian women , if a paricualr state happens to have sex ratio where males are less than females then women would become a majority and men might enjoy minority status !

  Their is nothing called as the perfect minority but it is rarely seen when majority wants to disguise itself as minority using legal loopholes. The Indian constitution says that ours is a Socialist secular…… nation. Socialist aspect has been lost post 1991 globalisation,  even secular aspect was destroyed by acts like Babri Masjid demolition , Gujrath riots..etc.

   Whatever delicate secularism remains would  evaporate after laws like these are implemented.  

A more specific understanding of proposed bill is provided in the following link : http://www.hindu.com/2007/07/14/stories/2007071461651500.htm

Jai Hind

             So i have to pick up a topic one among them or should i write about the media…They are so damn good yet damn bad….

            I have not yet decided my topic…. but thought should write something ..so…this