EQUAL OPPORTUNITY COMMISSION -IS IT DESIRABLE?
Dr. Asghar Ali Engineer
*(Secular Perspective September 16-30, 2007)*
The Sacchar Committee Report also recommends setting up of an equal
opportunity commission to redress many of grievances minority community has.
The Report says, " The Committee recommends that an Equal opportunity
Commission (EOC) should be constituted to look into the grievances of the
deprived groups."
Explaining the need for such a commission the Report says, "It is wrong to
assume that there is an inevitable conflict between the interests of
majority and minority communities in the country. This is flawed reasoning
and assumption." It further continues, "Deprivation, poverty and
discrimination may exist among all SRCs socio-religious categories) although
in different proportions. But the fact of belonging to a minority community
has, it cannot be denied, an in-built sensitivity to discrimination. This
sensitivity is natural and may exist among religious minorities in any
country."
The Report, therefore, goes on to say, Recognizing this reality is not
pandering to the minorities, nor sniping at the majority. This recognition
is only an acceptance of reality...It is in that context that the Committee
recommends that an Equal Opportunity Commission (EOC) should be constituted
by the government to look into the grievances of the deprived groups."
The Sacchar Committee derives its model from U.K. which has Race Relations
Act, 1976. "While providing a redressal mechanism for different types of
discrimination, this will give a further re-assurance to the minorities that
any unfair action against them will invite vigilance of law."
The Sacchar Committee Report, however, does not go into details of nature
and structure of EOC. It has left it to be worked out by the government and
its machinery. The Committee has also not thrown any light as to how will it
differ from National Minorities Commission (NMC) in function as well as in
structure. It is also not clear whether both i.e. EOC and NMC will exist
together.
We can meanwhile make some suggestions in this respect. NMC, everyone knows,
is hardly effective and has not succeeded in achieving its purpose. Its
reports are not even tabled in Parliament and these reports are in no way
binding to the Government of India. The people do not even come to know when
the NMC submitted its report and what are its contents. Its reports are not
even properly publicized.
Equal Opportunity Commission, on the other hand, as its name itself
indicates can be very effective legal instrument to ensure that minorities
should be ensured equal opportunities along with the majority in the
country. In democracy all citizens, irrespective of their caste or creed or
sex should have equal opportunities and our Constitution clearly provides
for equal opportunities but it has never been observed in practice.
Despite constitutional provisions blatant discrimination has been practiced
against minorities. And NMC is also toothless tiger and is unable to check
these discriminatory practices in society. And in order for minorities to
have sense of fair play and be sure of inclusiveness, EOC is badly needed
indeed.
With greater literacy and awareness minorities are becoming more and more
demanding and assertive of their rights. No democratically elected
government can be insensitive to these demands. The universities are also
starting new departments on exclusion and inclusion so that students can be
sensitized to neglect of minorities and lower castes. This will further
enhance awareness among minorities of being excluded from developmental
processes.
India's fast growing economy is throwing up great deal of opportunities for
jobs and entrepreneurship and if certain sections of population feels left
out it can give rise to acute social tensions. These tensions can be
smoothened out only if the aggrieved people have legal tool available to
them to get their grievances redressed. It would have been much better if
Sacchar Committee had spelled out as to what could be structure of the EOC.
But we can say it would be an effective legal tool available to aggrieved
minority person or persons for redressal of any grievance.
Besides U.K's Race Relations Act several other countries also have such
legal instruments available like the USA. The US has Equal Employment
Opportunity Commission. If it is proved that a minority person has been
discriminated against in employment, he/she can complain and an
investigation will be ordered and if discrimination is proved, he/she will
be awarded due compensation.
It will be interesting to quote from Section 10 of EEOC. The African
Americans, Hispaniacs and others are paid less than what white persons get
for the same job. Median earnings for African Americans working at full time
jobs were 75.9% of the medians for whites. The median earnings of Hispaniacs
were 65.9% of the medians for whites and 86.8% of the median African
Americans. There is also evidence that median earnings for individuals with
disabilities are significantly lower than median earnings for individuals
without disabilities.
Thus it can be seen that there is concrete measurement of discrimination in
employment which the equal opportunity in employment commission is supposed
to redress. Similarly if a particular community or caste is left out in
employment opportunities legal redressal could be ensured through such
commissions. It is a well-known fact that minorities are being
discriminated against in employment of all categories from highest to the
lowest.
It is also a known fact that Muslims and lower castes are not able to find
accommodation in housing societies in big cities like Mumbai. Mumbai has
been ghettoized and polarised in terms of `castes and communities. Muslims
find it nearly impossible to find accommodation in upper caste Hindu
localities.
USA has a law to that effect too. The sec. 805. {42 U.S.C. 3605}
Discrimination in Residential Real Estate-Related Transactions. (a) it shall
be unlawful for any person or other entity whose business includes engaging
in residential real estate-related transactions to discriminate against any
person in making available such transaction, or in the terms or conditions,
because of race, color, religion, sex, handicap, familial status, or
national origin.
(b) It defines "residential real estate-related transaction which includes
making or purchasing loans or providing other financial assistance for
purchasing, improving, repairing, or maintaining a dwelling or secured by
residential real estate.
India is far from such legislations. It is a well-known fact that Muslims
and Dalits find it extremely difficult to secure bank loans or loans from
any housing agencies. They are not considered as credit worthy at all and
authorities demand collaterals as guarantee though they know the
economically weaker sections cannot provide such collaterals. Though Sacchar
Committee has recommended that Muslims be made available bank loans but even
Reserve Bank and State Banks are resisting such demands.
Denmark too which has been recently in news for notorious cartoon
controversy, has provisions for eradication of religion or race based
discriminations. The Board for Ethnic Equality monitors Danish legislation,
and the Documentation and Advisory Center on Racial Discrimination assists
individual victims of racial and religious discrimination.
The Danish Parliament approved the first prohibition against hate speech in
1939, however, the wording was changed in 1971 in connection to the
ratification of the UN Convention on the Elimination of All forms of Racial
Discrimination (ICERD). Also, in 1971, the Act on Racial Discrimination was
passed by Parliament, stating that a person commits a punishable offence
if, while performing occupational or non-profit activities, he refuses to
serve person the same conditions as others, due to that persons' race, color
national or ethnic origin, or creed. The maximum penalty was specified as
being a fine or simple detention or imprisonment for up to six months.
European countries are facing problems of racial or religious discrimination
as people of Asia and Africa have been migrating to these countries in
post-colonial era and they are legislating to ward off such discriminations.
In India it is not the question of migration from other countries but
minorities of Indian origin which have been living for centuries along with
the majority community.
In a democracy such discriminatory practices cannot go on without creating
serious political problems. The very fact that government of India had to
appoint the Sacchar Committee to go into problems of Muslims proves this.
But it should not remain mere elections gimmick but its recommendation
should be concretely implemented to give substantial relief to minority
community.
Of all the recommendations constitution of EOC seems to be most urgent with
proper legal powers for the commission so that all discriminatory practices
against Muslims get minimized.
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Centre for Study of Society and Secularism Mumbai.
E-mail: [EMAIL PROTECTED]
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