Opportunity for Muslims to stop injustice by Hindu majority Indian State.

Ref: – Muslims to come in main stream in the interest of SAARC also.

Dear Sir


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Despite constitutional-legal protections, Muslim community for no apparent reason has been behaving so meekly & submissively in Independent India as if they do not have any constitutional-legal / political rights in India.

Without going into much detail, the following two major instances should be enough to support this view:-

(i)- Despite Court orders and despite Supreme Court Observer over there, the Babri Masjid was demolished in 1992 which (Ram Janmbhoomi – Babri Masjid dispute) not only brought extreme grief & humiliation to Muslims but also caused colossal loss of life and properties to Muslims up to 2002.

(A)- After this demolition, the Muslims could have got justice regarding Babri Masjid and could have avoided these bloody miseries by petitioning the Court for the restoration of status-quo-ante by getting the Babri Masjid reconstructed through Court Order – which the judiciary of constitutionally secular India is under legal obligation to pass [as the presiding officer of the Court will otherwise go to jail if he does not restore status-quo-ante because it will tantamount to lowering the authority of court which is an offence of criminal contempt as per section 2 (C) (i) of The Contempt of Court Act]. This petition for the restoration of status-quo-ante of Babri Masjid can still be filed.

(B)- But the title holder of the dispute and the Muslim leaders declined to initiate the judicial proceedings, for getting Babri Masjid reconstructed, by taking a lame excuse that it will cause massacre of Muslims. This emboldened the communal elements further. Here Muslims do not realize that had this petition been filed, then at least thousands of innocent Muslims would not have been massacred in 2002 Gujarat pogrom.

(C)- After December 1992 Babri Masjid demolition, apart from other instances of violence in India two cases took places in Mumbai. First, the Mumbai riots in which many innocent Muslims were butchered and second, as a reaction to it the Mumbai blast 1993 in which many innocent Hindus were killed. The accused of Mumbai blast (mostly Muslims) have not only been rightly booked but sentences being awarded now a days to them by Mumbai Court. But against accused of Mumbai riots (mostly Hindus including powerful Hindu leaders) even criminal proceedings have not been initiated so far despite adverse report (against them) of the Commission constituted by Maharashtra Government to identify the culprits of Mumbai riots. But Indian Muslims never exposed communally biased Hindu majority Indian State for such a blatant partiality against Muslim (Even now Muslims can move Mumbai High Court / Supreme Court to get justice against this brazen communalism of constitutionally secular Indian State).

(ii)- Despite secular mandate of the Constitution, by ingenious subterfuges (taking refuge in arguments such as oppressed castes etc.) Hindu majority Indian State has provided reservations (in Government services, education & elections) to various castes of Hindu religious order (up to even 69 % of Government posts) while totally depriving the Muslims from these benefits.

(A)- The Muslims, of late, have been asking for reservation in a sulking manner, but Muslims never opposed it vigorously & forcefully though Hindu Majority India gave reservations to even those castes which once were ruling communities. No wonder, given such meekness, Muslims have failed to get reservation.

(B) – Anomalies and injustice of this reservation fraud has come to glaring light not only through last week violent protest by Gujjars in the States of Rajasthan, Uttar Pradesh, Haryana, Madhya Pradesh etc. but also through various protests against reservation in education, services etc. in relation to which cases are pending in Supreme Court. But Muslims are yet to question politically, in an effectively forceful manner, the entire reservation policy of Indian State.

Given the present all round confusion and guilt complex among Hindus regarding fiasco on reservation (as is evident from the various bizarre formulas being offered in media by Hindu politicians in order to some how preserve this unjust, communal & discriminatory reservation regime), the Muslims ought to utilize this opportunity to stop injustice of Hindu majority Indian State by demanding the following:-

(1)- Given the wide spread incidences of violence and humiliation against hapless citizens [as was in media glare inflicted last week also on a so called dalit youth by lawyers inside court premises of Agra, U.P.- the province which has a Government headed by a so called dalit Chief Minister Mayawati – and in view of all out prejudices against Muslims which is so conspicuous that it does not require a Sachchar Committee’s truncated report to realize the economically & educationally dismal condition of Muslims, general callousness of public servants towards people etc.] the reservation is necessary to bring a sobering effect on public servants of Indian State vis-à-vis people of democratic India.

(2)- Reservation is to be there in order "to provide representation in State through Government services" to all sections of Indian population (and on no other ridiculous basis like economical or social).

(3)- Reservation should be given to all, thus entitled, by classifying Indians on the basis of any identifiable criteria (such as caste, religion, class, region etc) according to their percentage in population. The present irrelevant categories like SC, ST, BC, OBC, MBC etc – all should be abolished.

(4)- In view of the scholarships & loans for studies and National Rural Employment Guarantee Program (which sooner than later is bound to extend to urban areas also and whose minimum statutory wages has in built mechanism for taking care of every mischievous argument in favor of ‘all out reservation’ – which is nothing but an euphemism for non-performance, devoid of any merit ) any talk of reservation in education, elections, private services etc. should be opposed tooth and nail by Muslims also if India has to remain a functioning competent democracy capable of providing honorable life to its 1,000 plus million citizens.

Here Muslim leaders can take satisfaction from the last week Gujjar agitation that even non-political leadership of a community can also mobilize the community on political issues at unprecedented scale.

Given the considerable number of Muslims i.e. over 150 million in India, any vigorous attempt by Muslims to come in the main stream of India in order to secure their constitutional / legal rights will not only ameliorate the condition of Indian Muslims but it will go a long way in buttressing secularism in India and also in facilitating the emergence of ‘Federation of Democratic Secular SAARC Countries’ which is bound to become a reality sooner than expected given the geo-political situation and unresolved serious conflicts of this sub-continent (including Kashmir problem).

Yours truly

Hem Raj Jain

208, Supriya, Plot #20, Sector – 10, Dwarka,

New Delhi -110075, INDIA.

Ph: – +91 11 32940177, Mob: 09871194983

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