Instead of strengthening the National Minority Commission, the issue is being used by successive Governments to play party politics
The welfare and the concerns for the minority in any country is an acid test for an objective governance and its concern for protection. Unfortunately for human rights, all governments have a tendency to give only a cosmetic touch, but provide no real and effective instrument for the protection of those rights.
Thought the Minorities Commission was set up in 1978, its functioning did not satisfy the public. But the Government took no corrective measures. In original Article 338, there was a provision for appointment of a Special Officer to investigate and report on all matters relating to Scheduled Castes and Scheduled Tribes.
On 1st September, 1987, Government of India decided to set up a National Commission for SC & ST. The Commission was appointed for 3 years with Mr. Ram Dhan being appointed as the Chairman on 21st April, 1990.
However, as in 1990 because of Mandal Commission the political support of Scheduled Caste and Scheduled Tribes had assumed immense significance to political parties. So to pretend to show concern, all the parties combined to pass Constitutional Amendment No. 65 in 1990, setting up the National Commission for SC & ST.
But fairly, Ram Dhan was allowed to continue until the new Commission was appointed on 12.3.1992; as the functions of new SC/ST Commission had been greatly enlarged, and composition had to be enlarged.
Probably as a SOP, the Government of India resorted to the cosmetic exercise of purporting to give statutory status to the Commission by passing the National Commission of Minorities Act, 1992, by stating that the statutory status would infuse confidence among the minorities about the working and effectiveness of the Commission.
The main task of the Commission was to evaluate the progress of the development of minorities under the Union and the states and to monitor the working of the safeguards provided in the Constitution, and in law for the protection of the interests of minorities by the Central Government and State Governments. The terms of the Chairman and the Members of the Commission is three years from the date he assumes office. Removal of a Member by the Central Government, apart from the usual ground of becoming of unsound mind can only be exercised if the Member has, in the opinion of the Central Government, so abused the position of Chairperson or Member as to render that person’s continuance in office detrimental to the interests of minorities or the public interest, but after giving the Member a prior opportunity of being heard. And the matter continued to rest there.
But the cosmetic exercise is not the specialty of any political party.
In 1990, it was the Congress Government which enacted the 65th Amendment. NDA Govt. not to be left behind in this public relations exercise got active and just prior to the 2004 Parliamentary elections, repeated the same exercise by passing the Constitution (Eighty Ninth Amendment Act, 2003 by adding Article 338A) to constitute separately National Commission for Scheduled Tribes, but the evictions of tribals continued as before.
When the UPA Government took over in 2004, it started a wave to get rid of all appointees appointed by the NDA Government. I am not concerned with the removal of administrative officers. But to make an important institution like NCM, football of party politics is unacceptable. But that is what is being attempted by the UPA Government in seeking to pass Constitution (one hundred and third Amendment) Bill, 2004, purporting to add Article 340A to give constitutional status to N.C.M. The Amendment Bill is an exact replacement of N.C.M. Act, 1992, including its functions. The statement of objects and reasons gives the same justification as given in 1992.
The real motive however is entirely different and there is not even an effort at concealing it. Alongwith Constitutional Amendment Bill, the Central Government is intending to pass a National Commission for Minorities (Repeal) Bill, by which the National Commission for Minorities Act, 1992 is to be repealed. This, of course, would be innocuous because the Minorities Commission is being given constitutional status. But the real mischief of the proposed amendment is brought out by clause 3 of the Bill which provides that on dissolution of the National Commission for Minorities, the present Chairperson and the Members of the National Commission for Minorities immediately before the commencement of the Act shall vacate their office and will not be entitled to claim any compensation for the premature termination of the terms of their offices. It will be apparent from a cursory reading of the proposed Constitutional Amendment and the Repeal Act that the ulterior object of the present Government is to terminate the appointment of the present members and to bring in new members who MAY BE are favorites of the ruling party. This is further strengthened by the fact that no efforts have been made to give extra power to the Commission for investigation etc. as is being demanded by the NCM and public.
If the exercise was honest, why could not the present members be allowed to continue considering that in Finance Memorandum annexed above with 103rd Amendment Bill, the Parliament is sought to be assured that with the Repeal of the 1992 Act, no additional or recurring expenditure is likely to be involved because it is also proposed to utilize the services of the Secretary and other officers and employees of the National Commission for Minorities constituted under the said Act for the proposed Commission. Could Govt. partisanship and brazen act of removal of existing members be more apparent.
This assessment of Government action is confirmed by the action of UPA Government (like its predecessor NDA Government) in its deafening silence and inaction to make amendments required to strengthen the working of Protection of Human Rights Act, 1993 – notwithstanding that the past and present the Chairpersons of the Commission have been demanding it for the last four years. Does it not show the tinted glass priorities of UPA Government.
