Equal Opportunity Commission: Is It Desirable?

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: csss@mtnl.net.in