HUMAN CHAINSachar Committee ReportChallenges & OpportunitiesDr SyedZafarMahmoodPresident, Zakat Foundation of Indiawww.zakatindia.orgIndia Islamic Cultural CentreNew Delhi 25 December 2012
Government’s Remedial Policiesshould sharply focuson mainstreaming of Muslim community
Constitutional Order of 1950 isPatently Unconstitutional It says: No person who professes a religion different fromthe Hindu, the Sikh or the Buddhist religion shall be deemed to be a member of a Scheduled Caste
Articles 15 and 16 15. The State shall not discriminate against any citizen on grounds only of religion …. 16. No citizen shall , on grounds of religion, …. be …discriminated against in respect of, any employment or office under the State.
Earmarking of Electoral Constituencies for Schedule CastesNeed for corrective measures
Sachar RecommendationNominate Muslimswherever Government has discretion To illustrate, Sachar quoted A.P. example. A carefully conceived ‘nomination procedure’ should be worked out to increase Muslim inclusiveness in governanceMinistry wrote:This recommendation concerns AP Govt.No action has been taken
Sensitize the Government OfficersIt should begin from the Ministry of Minority Affairs
Evaluate text booksPurge them ofexplicit & implicit content that may impart religious intolerance
Create high quality government schools in Muslim concentration areas
ITIs & Polytechnics should focus on sectors in which Muslim population is concentrated
Extend eligibilty for admission in ITIs & Polytechnics to Madarsa educated chldren
UGC should evolve a system where part of the grant allocation is linked to diversity
In universities & colleges evolve Alternate Admission CriteriaMerit 60%Backwardness 40%(Income & family occupation)(Sachar Committee Report Page 246, Statement 12.1)
Build hostelsin partnership with Muslim community(Landlords are reluctant to accept Muslims as tenants)
Wakf properties: Basic Facts No of Wakf properties: 500,000Total Land Area: 600,000 acresCurrent value: Rs. 1.2 lakh crores Current Annual Income from these properties Only Rs. 163 crores 0.14 % Ridiculously Low
BAD LAW&MALADMINISTRATION REASONS ? (as per Sachar Committee)
CEOState Waqf BoardInteraction with Officers of different Departments,Mutawallis, Removing Encroachments, Leasing / MonitoringWaqf Properties,, Court Cases Tribunal
As per section 23 of the Wakf Act the CEOs of State Wake Boardshave to be Muslim.But, in higher bureaucracyMuslims are not more than 2.5 %. Hence, AS FOUND OUT BY ZFI IN 2011, UNDER RTI ACT, CEOs are: Veterinary Doctor, Naib-Tahsildar, BDO, Junior Employment Officer, Survey Inspector, Primary Teacher in2.5 %
IN THE FILES OF THE MINISTRY OF MINORITY AFFAIRSTHIS IS THE REMARK REGARDING SACHAR COMMITTEE’S RECOMMENDATION TO CREATE A SEPARATE CADRE TO MANAGE WAQFS.MINISTRY HAS NO RECORD THAT BEFORE IT WAS PRESENTED TO THE CABINET WHAT DISCUSSION TOOK PLACE ON THIS TOPIC, IF ANY, AND WHY THE REJECTION OF THIS VITAL RECOMMENDATION WAS RECOMMENDED TO BE REJECTED.
Copy of Cabinet Note obtained under RTI Act: DOES NOT GIVE ANY REASON FOR NOT ACCEPTING THE CREATION OFINDIAN WAQF SERVICE
Constitution of IndiaSchedule VIIConcurrent List28. Charities and charitable institutions, charitable and religious endowmentsand religious institutions.(includes Waqfs)All-India Services312.If the Council of States (Rajya Sabha) has declared by resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest so to do, Parliament may by law provide for the creation of one or more all India servicescommon to the Union and the States, and regulate the recruitment, and the conditions of service of persons appointed, to any such service.
SECRETARY / CEO,OFFICER OF THECENTRAL WAQF COUNCIL GOVERNMENT& STATE WAQF BOARD
JPC on WaqfsHeaded by Sri K. Rahman KhanDeputy Chairman of Rajya Sabha9th ReportMuslim officers of appropriate seniority are generally not availableto be posted asCEO of State Waqf Boards
WAQFS REQUIRE A SPECIAL CATEGORY OF TRIED OFFICERS. WE HAVE ALSO REFERRED THIS IN OUR REPORT - JPC REPORT ON WAQFAND WE HAVE COMPARED IT WITH HINDU CHARITABLE ENDOWMENT ACT…” http://twocircles.net/2011jul31/central_wakf_council_can_administer_wakf_cadre_says_wakf_jpc_chief.html Mr K. Rahman Khan This recommendation of the Sachar Committee has to be taken seriously
On the models ofTamil Nadu, Kerala, Karnataka and A.P. where exists Hindu Religious and Charitable Endowments Administration Service
Government must withdraw its rejection of this vital Sachar recommendation Government must create INDIAN WAKF SERVICE
JPC Waqf Survey Commissioner’s Notification shall be treated as ‘Deemed Mutation’ for REVENUE RECORD DETERMINATION OF TITLE
For the post ofSecretary, Central Waqf CouncilWaqf Act 1995does not provide any Qualification or his official level in the Government
Sachar Committee recommended:The level ofSecretary, CWCshoushould atleast be Joint Secretaryto the Government of IndiaThe Waqf Bill 2010 ignores this vital recommendation.It needs to be incorporated in the Bill
JPC : Establish (a) National Waqf Properties Development Board(b) National Board for Promotion of Education among Muslims(c) National Waqf Development Councilwith a revolving fund of Rs 500 crore.
Sachar Committee: Enhance Lease Periodfor Regd Trusts & Regd Societiesto buildEducational Institutions & Hospitalsor for other projects ofSocial or Economic Development consistent with Waqf objectives andas permissible in Islamic Law.
Sachar Committee: Sachar Committee:Widen the definition of Encroacherto include one whoAlters the property orOccupies it without Waqf Board’s permission