Archive

Edited extracts from God Save the Hon’ble Supreme Court reprinted with permission from the author. Book published in 2018 by Hay House Publishers India, Pp: 304. Price: Rs 599.

We frequently hear on television and regularly read in newspapers tirades by one or more individuals or groups against one or other section of citizens who belong to a religious minority and the criticism has been that the majority government at the center has done nothing to stop such tirades. I agree! Do remember that every government — whether at the center or state,  whether composed of one political party or another — will do whatever it considers expedient to advance its own political interests. This is why in my view Parliament has in its wisdom set up an independent minorities commission to look after the interest of minorities. It is true that the National Commission for Minorities (NCM) has its functions defined in Section 9 of the Act, but the functions would definitely not preclude the Commission issuing press statements or filing criminal complaints regarding diatribes against minorities or protesting hate speeches directed at minorities in general or any particular minority community.
The Commission is specifically empowered to do two things:
To look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the authorities; and
Suggest appropriate measures in respect of any minority to be undertaken by the central government or the state government.
I would implore the distinguished members of the NCM (and believe me they are influential and distinguished) to read the Statement of Objects and Reasons for enacting the NCM Act, which says:
"The main task of the Commission (mark you, the main task of the Commission) shall be to evaluate the progress of the development of minorities, monitor the working of the safeguards provided in the Constitution for the protection of the interests of minorities and the laws enacted by the central government or state governments, besides looking into specific complaints regarding deprivation of rights and safeguards of the minorities.”
Hence, the main task of the Commission is: "Protecting the interests of minorities.” And how does one protect the interests of minorities who (or a section of which) are regularly lampooned and ridiculed or spoken against in derogatory language? The answer is by invoking the provisions of enacted law — a law enacted in the Penal Code and the Criminal Procedure Code. Otherwise the Commission is not fulfilling its main task which is protection of the interests of the minorities.
I do implore the Commission and its distinguished members to take steps, as an independent Commission set up by Parliament and not controlled by government, to actively move to safeguard the interests of the minorities. It is as important as giving educational facilities and improving the economic condition of the minorities, which the Commission and government are rightly pursuing.
Those who indulge in hate speeches must be prevented by court processes initiated at the instance of the Commission because that is the body which represents minorities in India. Whoever indulges in such hate speeches or vilification (whatever the community to which they belong) must be proceeded against and the proceeding must be widely publicized. It is only then that confidence of the minorities in the NCM will be restored.
I would respectfully suggest that if we minorities (through the statutory body set up by Parliament) do not stand up for the rights of minorities and protest against such hate speeches and diatribes, how can we expect the government to do so?
A majoritarian government is elected and exists mainly on the vote of the majority community. On the other hand, the Commission is an independent statutory body. Its chairman is not a minister of the government. And though it receives grants from the central government,  it is not expected to be a mere mouthpiece of that government.