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Showing posts with label Indian Muslims. Show all posts
Showing posts with label Indian Muslims. Show all posts

Monday, February 4, 2013

John Zubrzycki takes Hyderabadis down the memory lane of the Asaf Jahs

By John Zubrzycki
(Author of The Last Nizam and The Mysterious Mr Jacob)

Most of the books I read are either biographies or histories. A great deal of course depends of how they are written but I find both genres equally enjoyable. When it comes to putting pen to paper, however I prefer concentrating on the lives of individuals. For me biographies add a special dimension to the study of history. As the American historian Arthur M. Schlesinger pointed out, political leaders, whether they be presidents or prime ministers are not supermen but human beings, “worrying about decisions, attending to wives and children, juggling balls in the air, and putting on their pants one leg at a time”.

I for one am constantly searching for the next eccentric figure living an extraordinary life in an exotic setting to write about. But writing about such a figure without describing the historical milieus in which they lived would be a futile exercise - we would get only half the story. For me the great satisfaction in writing biographies is that not only to do I get to pluck often obscure or misunderstood figures from the past and bring them to life, I get to read about the historical tide they were swimming with or struggling against.

Biographies, of course, do not have to be about great heroic figures such a Mahatma Gandhi, Jawaharlal Nehru or Barack Obama. They can be about people from all walks of life and social classes. Indeed the lives of less-exalted and ordinary people can give us extraordinary insights into the ways in which particular institutions and events and larger-scale social, economic and political developments were felt, experienced and understood by those who lived through them.
A biographical approach in history, therefore offers an important addition to the understanding societies and historical eras.

So far I have written two biographies about two very different individuals.

Alexander Jacob and Mukarram Jah never met. Jacob died in obscurity in 1921, whereas Mukarram Jah was not born until 1933. But their lives intersected right here in Hyderabad. It was Mukarram’s Jah’s great grandfather, Mahboob Ali Khan, who tried to purchase what was then known as the Imperial Diamond from Jacob in 1891.

While I will be concentrating on the legacy of the Nizams, I do want to briefly is to compare and contrast these two fascinating individuals. What struck me most when researching the pasts of Alexander Jacob and Mukarram Jah was their relationship to the events around them. Whereas Jacob took advantage of the social and historical milieu -- the West’s fascination with the occult and Eastern mysticism, the weakness of Indian rulers for what the British dismissed as “pieces of sparkling vanity” and the geopolitical tensions stirred up by the Great Game, Mukarram Jah was very much a slave to his dynasty’s past and the tumultuous changes that took place during his lifetime. Jacob exploited every opening he could find, whereas Mukarram Jah found himself at times exploited by those around him.

Jacob turned his skills at performing sleights of hand into a reputation for the being the greatest wonder worker of his time, a man credited with making grapes grow out walking sticks and projecting past lives onto the walls of his dining room. He turned a rudimentary knowledge of precious stones acquired as an apprentice at a small British firm in Calcutta into the most famous jewellery and antique business on the subcontinent. And he took full advantage of the Raj’s lack lustre intelligence gathering network to position himself as a spymaster of sorts to the British.

Mukarram Jah, was the exact opposite turning down the many openings that came his way. He refused to capitalise on his religious status (he is still revered by some Muslims as the Caliph of Islam), his political pulling power or the opportunity to invest his wealth productively. Quite a few Indian princes turned their palaces into hotels, ran for Parliament or became entrepreneurs. Jah bought a half million acre sheep station in one of the most remote parts of Australia and decided to live like a hermit.

So how did it come to pass that Mukarram Jah would swap the greatness of Hyderabad for a kingdom of kangaroos and acacias. The answer lies not only in Mukarram Jah’s unique personality but also in Hyderabad’s history.

As we all know the Asaf Jahis were one of the greatest ruling dynasties in India. Hyderabad was the largest, richest and most powerful state and the most important centre of Islamic culture and learning east of Mecca. The groundwork for this extraordinary dynasty was laid by someone i regard as one of the most interesting figures of 18th century India, Nizam ul-Mulk.

First known as Qamruddin, Nizam ul-Mulk, was just six years old when he was brought to the Emperor’s court in Agra by his father in 1677. According to the Imperial records Aurangzeb told his father: ‘The star of destiny shines on the forehead of your son.’

That destiny was to see the young Qamruddin carve a new state out of the chaos that accompanied the disintegration of the Moghul empire following the death of Aurangzeb in 1707. After a decisive battle in 1724 in which he defeated his main rival Mubraiz Khan, the emperor Muhammad Shah bestowed on Qamrudddin the highest title that be be awarded to a subject of the Mughal empire, that of Asaf Jah, or the Equal to Asaf, the Grand Wazier in the court of the biblical ruler King Solomon.
What I find fascinating is that Nizam ul-Mulk never formally declared his independence and insisted that his rule was entirely based on the trust reposed in him by the Mughal Emperor to whom his swore eternal loyalty. The Nizam’s dominions yielded an income that was almost equal to the rest of the Mughal empire, yet there was no throne, no crown and no symbol of sovereignty. Coins were still minted with the Emperor’s name until 1858. It was in the name of Mughal ruler and not the Nizam that prayers was read out in the Khutba or Friday Sermon.

As the Viceroy of the Deccan, the Nizam was the head of the executive and judicial departments and the source of all civil and military authority. Assisted by a Diwan the Nizams drafted their own laws, raised their own armies, flew their own flags and formed their own governments, but they refused to adopt the title of king even when it was offered to them by the British in 1810. It was not until India was granted its independence in 1947 that the Seventh Nizam, Oman Ali Khan, formally claimed to be a ruler in his own right. But by then it was too late for a sovereign Hyderabad to coexist with a free India. Its independence lasted less than 400 days.

Nizam ul Mulk’s first priority was to consolidate his empire and establish security which was constantly under threat from rapacious highway robbers, Marathas and zamindars. In 1739 he answered a desperate plea from Mohammed Shah for help to prevent the invasion of Delhi by the Persian conqueror Nadir Shah. Nizam ul Mulk was unable to prevent the march on Delhi but he was able to stop what would have been the complete annihilation of the city by Nadir Shah’s troops using a Persian couplet to appeal to the ruler’s sense of justice.

Ironically Nizam ul Mulk would become a beneficiary of Delhi’s downfall as the steady stream of exiles from the Mughal capital to the Deccan became a flood. Administrators, artisans, musicians, poets and religious teachers were welcomed into the Nizam’s court. Despite the unrest that spread through his Dominions in the final years of his rule, Nizam ul-Mulk is remembered as laying the foundation for what would become the most important Muslim state outside the Middle East in the first half of the 20th century.

Just days before he died in 1748, Asaf Jah dictated last will and testament. The document was a blueprint for governance and personal conduct that ranged from advice on how to keep the troops happy and well fed to an apology for neglecting his wife. He reminded his successors to remain subservient to the Mughal Emperor who had granted them their office and rank. He warned against declaring war unnecessarily and he urged fiscal restraint. There is enough money in the treasury to last seven generations -- if properly spent.’ he said. Finally, he insisted: ‘You must not lend your ears to tittle-tattle of the backbiters and slanderers, nor suffer the riff-raff to approach your presence.’

Had the wishes of the First Nizam been followed not only until the reign of the Seventh Nizam but until today it would have moulded a very different dynasty from the one that would totter between plenty and penury and be constantly prey to slander and court intrigues. Rather than building on the foundations that Nizam ul-Mulk had laid for statehood, his successors began tearing it down. Power hungry rulers obsessed with their own comfort, security and wealth, conveniently forgot the more salient points of Nizam ul-Mulk’s testament. His warnings about the folly of wars fought for the sake of conquest were ignored. His belief that the income of the state would last seven generations did not anticipate the firesale of territories and their revenue that his heirs were forced to undertake for the dynasty to survive.

The British and the French were well placed to take advantage of the chaos that followed Nizam ul-Mulk’s death. The crumbling might of the Mughal empire had stirred their empire-building ambitions. The first Nizam had maintained a strict neutrality in his dealings with the European powers, perceiving correctly the danger of becoming a pawn in hostilities that were being played out half a world away. But that advice too was forgotten as his sons fought over the spoils of empire, losing much of their territory in the process.

Into this unfolding scenario stepped Richard Wesley -- an uncompromising empire-builder who between 1798 and 1804 expanded the company’s holdings from a few small pockets of territory to most of southern India, the entire eastern coastal strip, all of Bengal and parts of northern India. By the end of his reign as governor general British troops would be in occupation in Hyderabad and Pune and Residents stationed at every native court.

The crowning point of Wellesey’s career was the Treaty of Perpetual and General Defensive Alliance signed on October 12, 1800 with the second Nizam, Nizam Ali Khan. The treaty was a masterstroke of British diplomacy. It gave the British complete control over the Nizam’s external affairs without imposing on them any stringent or matching obligation. By signing the Treaty, the Nizam signed away his status as an independent ruler for the next 150 years. The treaty guaranteed the integrity of the Nizam’s dominions against all threats. But the Nizam was forbidden to enter into any negotiations with an eternal power without reference to the Company’s Government.

By 1803, when Nizam Ali Khan was succeeded by Sikander Jah, the real power in the state lay in the hands of the British resident. The Resident was in many ways a ruler in his own right maintaining Britain’s supremacy, approving executive appointments and ensuring, with varying degrees of success, that the local administration was efficient and free of corruption.

Of  Britain’s residents, a number like James Kirkpatrick whose liaison with Khair un-Nissa was so wonderfully described by William Dalrymple in the White Mughals, were enlightened men who spoke fluent Hindustani and Persian, wore Mughal-style dresses at home, smoked hookahs, chewed betel-nut and became so enamoured of Hyderabad’s rulers. Others like Henry Russell were fierce critics of all the Nizam stood for.

I want to spend just a little time on period when Russell was resident in the 1810s as for me it represented perhaps one of the lowest points in Hyderabad’s history and in many ways was a dress rehearsal for what happened a century and a half later when Mukarram Jah took on the mantle of Nizam.

Vain, ambitious and corruptible, Russell had arrived in Hyderabad in 1801 as an assistant to Kirkpatrick. He had little time for the Nizam, who he believed presided over a system that ‘was rotten to the very core. He was also a strong supporter of Chandu Lal a Hindu moneylender who became the defacto diwan in 1809. From then until his resignation in 1843 Chandu Lal exerted more influence over Hyderabad than any other individual, obliging both the British and the Nizam through the reckless expenditure of Hyderabad’s revenues that in the process nearly sent the state broke.

When the third Nizam Sikander Jah demanded that Russell sack Chandu Lal, he was so stung by this rebuke that withdrew to the Chowmahallah Palace and took no further role in the administration of the state. The seclusion was so complete that four years elapsed before he ventured outside the palace on the pretext of going on a hunting expedition with his harem and 4000 foot soldiers. The Nizam’s seclusion only served to strengthen Chandu Lal’s position in the court. The defacto Diwan became the sole authority for the conduct of any business at the royal court. He also became the lynchpin in Russell’s ingenious plan to strengthen the Company’s stranglehold over Hyderabad while enriching himself in the process.

In 1812 two battalions of the Nizam’s army mutinied, and threatened to blow their British commanding officer out of the mouth of a cannon unless they were paid on time and their offences pardoned. To Russell the episode underlined the need to professionalise the Nizam’s forces. With the help of Chandu Lal, he established the Russell Brigade. Chandu Lal made sure that payment for the Brigade came from the state treasury. As the Brigade grew so did its cost. The commander was paid £5000 a month and like other officers received a house and free servants. Keeping a cut for himself. Russell kept on creating fresh posts for new applicants until the proverbial expression in Hyderabad became ‘Poor Nizzy pays for all.’

However poor Nizzy could not pay for all without borrowing money and here again Russell and Chandu Lal came up with the perfect solution, namely to allow the establishment of a banking firm known as William Palmer and Co. Under the arrangement the Nizam’s treasury borrowed money from Palmer & Co to pay the troops of the Russell Brigade to the tune of 4 million rupees a year, or roughly half the entire tax revenue of the state. Palmer & Co then paid the troops and recovered what they had spent plus interest, which was charged at 24 per cent from villages mortgaged by the Nizam. Forced into paying for troops he had no control over and little if any use for, the Nizam was soon caught in a dangerous debt trap. By the end of the 1810s the Nizam owed Palmer & Co a staggering 6 million rupees.

Charles Metcalfe who became Resident in 1820 was so shocked by what he saw that he wrote : ‘I can hardly imagine a situation more entitled to pity, or more calculated to disarm criticism, than that of a Prince so held in subjection by his servant under the support of an irrepressible foreign power.’

I'm not saying that all of Hyderabad's rulers responded to the unequal power structures the British imposed on them in the same way as Sikander Jah. Hyderabad benefited from the foresight and experience of Salar Jung, the prime minister from 1853 until 1883 who steadied the state's finances and introduced important administrative and fiscal reform. Mahboob Ali Khan was so revered by the population he was nicknamed the beloved. And Osman Ali Khan was credited with transforming Hyderabad into a semi-modern state through his vast public works, the creation of educational institutions such as Osmania University and reforms.

But there was a certain pattern that marked the workings of the royal court for much of its history. Hyderabad's rulers did everything possible to keep the government of the day off their back while leaving the administration of the state to their own handpicked lieutenants, who were often untrustworthy or incompetent. This hands-off approach encouraged corruption, the siphoning of assets to corrupt officials and a general unwillingness to rein in extravagant expenditure and address basic cash-flow problems. These sycophants kept their rulers in the dark, knowing that their interests were best served by pretending that everything was in order.

When Mukarram Jah was crowned the 8th Nizam in 1967, very little of this medieval character changed. Despite two decades of being groomed in the finest British public schools, universities and military academies and at one point being placed under the guidance of India’s foremost statesman, Jawaharlal Nehru, Jah was totally unprepared for the responsibilities expected of him. He had few friends in Hyderabad, and was more at home listening to jazz at London nightclubs than to ghazals in the great hall of the Chowmahalla palace.

The burden of history weighed heavily on Jah right from the beginning. In 1948, When he was just 15 years old Hyderabad it’s lost independence in the police action. In 1971 Indira Gandhi would abolish the privy purses. India’s tax officials were determined to get a slice of the whatever revenue they could from his vast estate.

Jah also had to misfortune of coming from a rather dysfunctional family. In an arranged marriage meant to cement ties between the world's two most important Muslim families Jah's father and uncle were matched with the daughter and niece of the last Ottoman caliph, Abdul Mejid. For Osman Ali Khan, Jah's grandfather this arrangement was more than just an alliance of convenience. The offspring of such a union would be the next Caliph of Islam.

Jah's father Azam, however, proved to be a poor role model spending much of his time accumulating vast gambling debts and neglecting his wife, the beautiful Durrushevar. The situation became so intolerable that Osman Ali Khan disinherited Azam and decided that the princely crown be passed onto Mukarram Jah instead.

When the seventh Nizam died, Jah aged 33 was tasked with sorting out what was, at the time, the largest inheritance in the world. Unable and unwilling to manage such a vast estate with its 14,700 servants, hundreds of aging concubines and inestimable quantities of jewels and antiques stashed away in dozens of decaying palaces, he bought a half- million-acre sheep station in Western Australia where he could indulge in his real passion—driving bulldozers through the desert.

Unfortunately Jah was destined to repeat all the mistakes of his forefathers. Instead of retreating into his palace for four years without emerging like Sikander Jah, he escaped to the Australian Bush. He left the administration of his vast inheritance to a succession of Chandu Lal’s -- largely corrupt and incompetent officials who over the years would do their best to hide the real financial position of the estate from him, the prying eyes of bankers and insatiable tax officials. Substitute the Bank IndoSuez in Geneva for Palmer and Co and I think you are being to see a pattern. Of course not all those who advised Mukarram Jah in these early years can be categorised in this way. Indeed I met many of his friends who warned about what was happening.

As we now know by the late 1980s, Mukarram Jah was in serious financial trouble, His first impulse was to auction off part of the crown jewels which included what was now known as the Jacob diamond. Unfortunately, his grandfather had put the crown jewels into various trusts precisely to guard against them being squandered in this way. The trustees decided to give the Indian government first option at buying the Jewels. Not surprisingly, New Delhi was offering only a fraction of the estimated 6 to 7 billion rupees the 173 pieces would fetch on the open market and it would not be until 2002 that Jah would pocket his share of the proceeds of the sale. But, by then, it was too late. In 1996, after being forced to sell his sheep farm to cover his debts he left Australia and went to Turkey.

So was Mukarram Jah just a slave to history or did his personality have something to so with it. I do believe is that his upbringing played a role. His mother Durrushevar wanted to give him the best education and training, but she also estranged him from his Indian roots. But his grandfather Osman Ali Khan also played a role. Time and time again when Durrushevar insisted that her son be given a normal education among his peers at say the Doon school, Osman Ali Khan found some pretext to send him back to Hyderabad where he would attend one of the small palace schools. As Philip Mason, who briefly tutored Mukarram and his brother Muffakham, wrote in his memoir A Shaft of Sunlight, Durrushevar wanted them preserved from the corruption that grew from continual flattery and from wealth without responsibility. There was no one in the whole state who would say no to them except their mother, who was not always around, and their grandfather, who they rarely saw.
Bilkees Alladin, who lived behind Mukharram Jah’s Banjara Hills house told me how she had once seen him spending all day and night in the garage under one of his cars. “He never made out he was royalty. It was frustration probably. The set up here was very medieval,” she said to me.

I couldn’t end this talk without mentioning something of Mukarram Jah’s legacy. It is unfortunate but true that Hyderabad’s architectural and cultural heritage is poorer for the fact that he didn’t remain here prevent palaces being encroached on or pulled down and tonnes of priceless antiques ending up in the catalogues of southeby’s and Christie's when they should have stayed in India.

Luckily that neglect is being rectified. I have yet to see the Chowmahalla Palace since the completion of its renovation. But from what I have read Princess Esra and her team of restorers deserve the highest praise from making it into one of the finest museums in India. The Falaknuma of course is now one of the world’s most luxurious hotels and I understand that steps are even being undertaken to renovate the King Kothi palace.

Hyderabad’s potential as an IT hub and industrial powerhouse has clearly been realised. Now its cultural heritage needs to be brought to the fore. If my book has helped even in a slight way of raising awareness of the this city’s enormous potential in that regard then I am honoured. 

(Full text of speech delivered by the Australian author at Maulana Azad National Urdu University on February 1, 2013)

Friday, December 14, 2012

How the seeds of communalism were sown in India in 1857

2012

By Justice Markandey Katju

Communalism, which was almost non-existent in 1857, is widespread in our society today. Muslims often face discrimination in getting jobs, houses on rent, etc, as the Justice Sachar Committee report has highlighted.

Muslims are often falsely implicated in bomb blasts and they have to spend years in jail though ultimately found innocent.

As I mentioned, up to 1857 communalism was almost non-existent in India. There were no doubt differences between Hindu and Muslims, but there was no enmity between them. In the Mutiny of 1857 Hindus and Muslims jointly fought against the British.

After crushing the Mutiny the British decided that the only way to control India was divide and rule. Consequently, the policy came from London to create hatred between Hindus and Muslims.

The British Collector used to secretly call the Panditji and gave him money to speak against the Muslims, and similarly he gave money to the Maulvi Saheb to speak against Hindus. All communal riots began after 1857. The communal award in the Minto-Morley ‘Reforms’ of 1909 introduced separate electorates for Hindus and Muslims.

Year after year, decade after decade, the communal poison was injected by the British into our body politic, and even after 1947 there are elements which continue this (see online ‘History in the Service of Imperialism’ and my article ‘What is India’ on my blog http://justicekatju.blogspot.in)

Certain agent provocateurs take advantage of our backwardness to incite communal riots, and unfortunately many people fall prey to these evil designs and get emotionally carried away by communal propaganda and fight with each other.

(Excerpts taken from a reply by Justice Dr Markandey Katju to two young law students, who served him a legal notice for his remark that 90 per cent of Indians are fools. Full text can be had on the following link: http://justicekatju.blogspot.in/2012/12/mreply-to-young-students-tanaya-and.html

Wednesday, June 20, 2012

The medicinal benefits of Hyderabadi haleem: This Ramadhan dish strengthens muscles, burns fat fast, and increases sperm count in men

The unique feature of  this Hyderabadi dish is that it contains both slow-digesting and fast-burning ingredients. The fibre content is also relatively high. The legumes that go into its
production increase muscle strength and sexual potency. The ingredients are also rich in potassium and magnesium. Whole grains like wheat, nuts, vegetables and dry fruits solve the problem of low sperm count, which has of late become a major health and reproductive problem in industrialised nations.



By Syed Akbar
Haleem, the special Ramzan dish of Hyderabad known for
its unique taste, has several
medicinal properties that improve semen production and stimulate ovulation.
Studies by city Unani physicians and researchers show that Haleem and its
variant Harees increase sperm count and
promote sperm health and motility in men and assist in better ovulation in
women. The special ingredients that go
into the preparation of Haleem and Harees stimulate blood circulation to
vital body organs thereby reducing sexual
dysfunction and the problem of low sperm count.
"The unique feature of  this Hyderabadi dish is that it contains both
slow-digesting and fast-burning ingredients. The
fibre content is also relatively high. The legumes that go into its
production increase muscle strength and sexual
potency. The ingredients are also rich in potassium and magnesium.
Whole grains like wheat, nuts, vegetables and dry fruits solve the problem
of low sperm count, which has of late
become a major health and reproductive problem in industrialised nations,"
says Dr Fazal Ahmad, senior Unani
researcher.
Dr Fazal, who also edits Unani monthly Cure for All, points out that
Haleem and Harees acquire the aphrodisiac
properties primarily because of the five "Gs" that go into its
preparation. "Gur (jaggery), gond (natural gum), ghost
(meat), ghehoon (wheat) and ghee are special Unani prescriptions. A
combination of all five or some of them
increases sexual potency primarily by increasing the sperm count. Our
research has shown that those who consume
Haleem or Harees on regular basis are sexually more active than who
don't," he says.
Many residents of Barkas locality in Hyderabad consume Harees at breakfast
everyday and this is reflected on their
good physique and better reproductive health.
According to senior Unani physician Dr Ilyas Khan, Haleem contains
minerals selenium, folic acid, and zinc and
vitamins A, C, and E. "It has been scientifically proved that foods rich
in these compounds increase the sperm count
and sperm motility, thus assisting in reproductive health. Studies have
shown that Haleem and Harees increase blood
circulation and assist in blood production. The system of Unani medicine
says any food that increases blood
circulation will promote sperm production," he says.
Hakeem Tariq Mehmood Chughtai in his research publication on the health
benefits of Haleem and Harees points
out that one should not take water immediately after consuming this
special festival dish to derive maximum benefit
from it. Since Haleem/Harees contains both "slow and fast digestion
ingredients" the benefits will be more if the dish
is consumed soon after breaking the day-long fast during Ramzan.

The tiger of Mysore: Tipu Sultan, a royal freedom fighter


Sri Ranganatha temple was hardly a stone's throw from his palace from where “he would listen with equalrespect the ringing of temple bells, and the Muezzin's call from the mosque”.
"It is far better to live like a Tiger for a day than to live like a
Jackal for a hundred years." - Tipu Sultan

By Syed Akbar

More than two hundred years have passed since Tipu Sultan, the Tiger,
roared against the invading Britishers with his magical statement to
inspire the people of his kingdom to fight the enemy.
And his words still reverberate in the ramparts of Srirangapattinam, his
beloved city dedicated to Lord Sri Ranganatha Swami, and in the hearts of
millions of Indians. True to his statement, Tipu Sultan lived and died
like a tiger.
Perhaps he is the only ruler, who took over the reins of a kingdom amidst
a war and relinquished it in a battlefield while protecting the life and
honour of his subjects.
Tipu Sultan, the Tiger of Mysore, is as enigmatic as ever. Critics despise
him with charges of religious bigotry and persecution. Admirers label him
as one of the most secular rulers and a king with vision far ahead of his
times. To him goes the credit of discovering and perfecting the art of
rocketry and no less a person than the Missile Man, Dr APJ Abdul Kalam,
describes Tipu Sultan as the father of Indian rocket technology.
The arguments of his staunch critics notwithstanding, Tipu Sultan was the
first native ruler, who fought against the British rule tooth and nail,
much before the first war of independence. There was perfect communal
harmony during his regime and this was evident from the fact that there
was not even a single uprising of people, despite the numerous wars he
fought. The people of his kingdom were solidly behind him in all the wars.
Historians recall how Tipu Sultan donated money to Sri Shankaracharya of
Sringeri to reinstall the displaced image in the Sharda temple. More than
30 letters written by the Sultan to the Shankaracharya in chaste Kannada
testify to the magnanimity and religious tolerance of the Tiger of Mysore.
As mark of honour to the Hindu religious head, Tipu Sultan departed from
his usual tradition of beginning his letters with the Arabic invocation
“In the name of God”. Instead he wrote the name of the Shankaracharya at
the top of the letter while he put his name at the bottom, without the
usual honorifics and titles that go with the nobility.
As one noted historian points out, Sri Ranganatha temple was hardly a
stone's throw from his palace from where “he would listen with equal
respect the ringing of temple bells, and the Muezzin's call from the
mosque”.
“The Britishers”, says Prof Sheik Ali, historian and former
vice-chancellor of Goa and Mangalore University, “had never been
confronted with a more formidable foe. His regime begins in the midst of
war against the English, and ends in the midst of war against them. He
built up an efficient system of administration and was almost the first
Indian ruler to apply western techniques
in the heart of government.
“Long before the events of 1857, when a spirited reprising attempted to
throw of the English and before the formation of the Indian National
Congress, which set the pace for National
Movement, Tipu struggled hard to rouse a consciousness of his neighbours
to the impending danger to Indian Independence from the English,” says
Prof Ali in his biography of Tipu Sultan.
Not many know that Tipu Sultan was an able journalist too. He launched a
local newspaper “Fauji Akhbar” (Soldier News). Tipu was a multi-linguist,
well versed in Kannada, Marathi, French, Arabic, Persian and Urdu.
Sultan Fateh Ali Tipu was born on November 20, 1750 and died at a young
age of 49 on May 4, 1799. He inherited the kingdom, principles, values and
traditions, besides valour and strength from his father Hyder Ali. At the
age of 17, Tipu Sultan fought against the British army forcing the latter
to retreat.
Instructed in military tactics by French officers, employed by his father,
Haider Ali, a de facto ruler of the Kingdom of Mysore, Tipu first
accompanied him in a war against the British in the First War of Mysore in
1766.
He also commanded a corps of cavalry in the invasion of Carnatic in 1767.
He, however, went on to distinguish himself in the First Anglo-Maratha War
of 1775-1779. Tipu helped his father defeat the British in the Second War
of Mysore and negotiated the Treaty of Mangalore with them.
He was defeated in the third and fourth Anglo-Mysore War by the
combined forces of the English East India Company, the Nizam of
Hyderabad, the Maratha Confederacy, and Travancore.
An able administrator and planner, Tipu Sultan laid the foundation for a
dam where the Krishna Raja Sagar Dam across river Cauvery today stands. He
also completed the project of Lal Bagh, the extensive gardens started by
his father. He built roads, public buildings, and ports along the Kerala
shoreline.
During Tipu Sultan's reign, a new calendar, new coinage, and seven new
government departments, were introduced. Tipu also had a penchant for
innovations, especially in weaponry.
All of them were exquisite and had great workmanship. He was a great
promoter of agriculture and industry, trade and commerce. He built a navy
and opened factories far and near, which ultimately linked the State of
Mysore with the outside world. His trade extended to countries which
included Sri Lanka, Afghanistan,
France, Turkey, and Iran.

Tuesday, June 12, 2012

What does Id-ul-Adha mean to Muslims: Bakrid is more than a festival of ritual sacrifice

By Syed Akbar

Bakrid or Id-ul-Adha is not just a festival of ritual sacrifice. It is a festival of charity too. Like the other grand Muslim festival of Alms-giving or Id-ul-Fitr, Bakrid brings cheers to millions of poor people living across the globe and pours in charity enough for several orphanages and madarasas to fend themselves for a few months.
The tradition of sacrifice dates back to the grand prophet, Hazrat Ibrahim (peace be upon him), known to Jews and Christians as Abraham. The meat of sacrificial animals is divided into three parts. One part is distributed among friends and relatives, the second part is meant for the poor and needy and the third portion is for self consumption.
It has been a tradition among Muslims right from the times of the Holy Prophet, Hazrat Muhammad (peace and blessings of God be upon him) to donate the skin of the sacrificial animal. The skin or the proceeds from its sale is to be donated to orphanages, madarasas or charitable organizations so that they could get enough funds from the donation.
According to a rough estimate, over five million animal skins are distributed during the Bakrid festival in India alone. The largest donation in the form of skin comes from Mumbai, followed by Hyderabad by virtue of their large Muslim population. In Andhra Pradesh alone skins worth Rs 30 crore are donated among charitable institutions. If the value of the meat portion distributed among the poor and needy is calculated, it simply runs to Rs 400 crore. This figure for the whole of India means a few thousand crores.
According to Muhammad Saleem, former AP Wakf Board chairman and vice-president of All-India Jamiat-ul-Quraish, about 20 lakh sheep and buffaloes are sacrificed on Bakrid and the succeeding two days.
“The idea behind celebrating Islamic festivals is not just to rejoice but to remember the pangs and troubles of the have-nots. God Almighty has given so much to us and it is our duty to remember the unfortunate ones at least on the Id days. Besides the skin of animals, one-third of the meat is also distributed among the poor. Mosques are not qualified to receive the donation of skins or the sale proceeds from them. Because festivals are for people and the poor have a greater right over the charity,” observes Moulana Hafiz Syed Shujath Hussain.
Besides individual sacrifices of animals, sacrifice is also institutionalized in Hyderabad and other parts of the country. Several charitable and Zakat organizations have been collecting the cost of the animal for sacrifice from those who cannot do the same on their own. The facility is being largely utilized by non-resident Indian Muslims, particularly those living in the West.
The Hyderabad Zakat and Charitable Trust is collecting Rs 2400 per sheep for sacrifice on Bakrid. There is also a provision for distribution of the entire meat among the poor, in case the person is an NRI.
Moulana Shaik Najeeb Ahmad says the sacrifice of animals on the Bakrid is more than just a ritual. The Almighty tests the person sacrificing the animal whether it is being done with pure intentions or as a show or pomp. “The Almighty makes it clear in the Holy Quran that neither the blood nor the flesh of sacrificial animals reach Him. It is the piety and pure intentions and the spirit behind the sacrifice that counts with the Almighty. By sacrificing animals Muslims are not only expressing their piety towards the Creator but also helping the have-nots to get charity, though in the form of meat. It is indeed a great celebration for the poor who do not have access to rich nutritional food. At least once a year they do get the opportunity,” Moulana Najeeb points out.
On an average each madarasa gets around Rs 30,000 from the sale proceeds of skins of sacrificial animals and this fund keeps them running for a couple of months. The Zakat collections during Ramadhan is, however, greater than the donations they receive during Bakrid. Some madarasas and charitable institutions manage one whole year from the Zakat donations.

Monday, June 11, 2012

Hyderabad's top zakat givers: Helping society economically

By Syed Akbar

Every Ramzan Hyderabad pours in hundreds of crores of Rupees in Zakat, the mandatory charity on the rich Muslims. The city stands second in India in Zakat collection next only to Mumbai. Muslim have been ordained to contribute in charity 2.5 per cent of their total savings in a given year.
While every rich and upper middle class Muslim contributes his or her share to Zakat, there are a few traditional families in Hyderabad known for their generous charity during the Islamic holy month of Ramzan. Muslims ensure that they pay their Zakat dues before the Id-ul-Fitr as charity during Ramzan is considered to bring 70 times the reward (sawab) with the Almighty.
Since Islam prohibits Muslims from making a show of Zakat donation, none of the members of these traditional Zakat donor families wants to divulge the amount they contribute towards charity. However, according to sources, some Hyderabadi families give as much as Rs 5 crore each in Zakat. 
The traditional families known for big Zakat contributions include those of builder-politicians Bashiruddin-Ghayasuddin Babukhan, industrialist- educationists Shah Alam Khan-Mahboob Alam Khan, OU academic council
member Abid Rasool Khan, senior Telugu Desam leader Ibrahim Bin Abdullah Masqati, former Wakf Board chairman Muhammad Saleem, the Owaisi brothers Asaduddin and Akbaruddin, educationist-politician Vizarat Rasool Khan, the Allauddin family and industrialist Syed Hamid. Says Abid Rasool Khan, "most of my Zakat goes to institutions rather than a few individuals. If the funds are channelled and utilised for generating self-employment, there will be no poor person left in the country. I usually give more than the stipulated 2.5 per cent of my income as a precautionary measure lest my calculations went wrong".
The Babukhan family of former minister Basheeruddin Babukhan and Ghayasuddin Babukhan also manage the Hyderabad Zakat and Charitable Trust which has changed the living stands of lakhs of families in the rural side in the last few years. The Zakat Trust is part of the United Economic Forum which is now a registered NGO with the Union Ministry of Home Affairs.
"We have been providing pensions to more than 1,000 widows, constructing around 100 houses, giving clothes to thousands of students, and offering scholarships worth about Rs 2 crore through the Zakat funds," says United Economic Forum secretary Ghayasuddin Babukhan.
The Shah Alam Khan family, which manage Golconda cigarette factory and a host of educational institutions. Shah Alam Khan, his son Mahboob Alam Khan and other family members distribute an undisclosed amount towards Zakat. The Shah Alam Khan family gives charity to individuals and their Zakat is not institutionalised as the Babukhan family had done. The Owaisis are said to be contributing anything upward of Rs 1 crore in
charity but they keep it secret for religious reasons. The Masqati family, which owns a big dairy, contributes to education, marriages of poor girls and self-employment.
Muhammad Saleem, however, believes in donating Zakat to individuals rather than institutions. "There's nothing wrong in donating to institutions. But I keep on donating from Zakat funds round the year. Most of the people who approach me are poor. They are in need of money for education of their children or for medical treatment. This gives instant relief to the needy," he adds.
According to rough estimates, about four lakh people stand to benefit from Zakat in one way or the other. "A notable feature of this charity is that it has no religious bounds. The receiver can be of any religion or region. The only eligibility is poverty and need. Islam believes in social equality and Zakat is the best source of achieving it," says Moulana Syed Shujath Hussain.

What is the significance of the numerical value of 786?

By Syed Akbar 
Hyderabad: Numbers have always fascinated man because they convey more than just numeric values. Some numbers have religious or astronomical significance while others are of astrological, historical or 
mathematical importance. When one number combines all these factors, it becomes still more important. And that number is 786. 
On August 7, 2006 the world witnessed a unique combination of date that signifies this magical figure 786 - seventh day of the eighth month of the sixth year of the new millennium or 7-8-6 for short. Apart from the religious importance a majority of the Muslims attach to this number, 786 has astrological, historical, mathematical and astronomical significance too. This unique combination of date is repeating itself after 100 years and it will recur only after a century. 
The number 786 is a gematrical (numerical) value of the Islamic invocation, Bismillahi’r Rahmani’r Rahim, or In the Name of Allah, the Beneficent, the Merciful, which every Muslim is commanded to recite before doing any work. Muslims in the Indian sub-continent revere 786 and print it on wedding and other invitation cards and put it down on paper before the start of writing anything. However, Muslims in other parts of the world do not attach any religious significance to the number and write Bismillah (In the name of Allah) in full. 
According to Islamic scholar Hafiz Syed Shujath Hussain, in Arabic there are two methods of arranging letters, one of them being the Abjad (ordinal) method. Early Islamic scholars have assigned an arithmetic value to each of the Arabic letters from one to 1000. The letters are arranged as Abjad, Hawwaz, Hutti, Kalaman, Safas, Qarshat, Sakhaz and Zazagh. This arrangement was based on the gematric system adopted in West Asian languages like Aramaic, Phoenician and Hebrew.
"We get the magical 786 if we take the arithmetic values of all the 19 letters in Bismillahi’r Rahmani’r Rahim," he points out. Besides the Islamic importance, 786 has historical significance because the famous Abbasid Caliph, Harun Rashid, assumed throne on September 14 in the year 786 CE. It was during his regime and perhaps in the year 786 CE that the gematrical value of Bismillah (786) was calculated and arrived at by 
Islamic scholars and linguists of his court, says Muslim religious teacher Moulana Abdul Kareem. 
Mathematically speaking, 786 is a sphenic number (a positive integer that is the product of three distinct prime factors). In other words, 50 can be partitioned into powers of two in 786 different ways, points out senior mathematics lecturer V Radhakrishna. Also 786 might be the largest "n" for which the value of the central binomial coefficient is not divisible by an odd prime squared.
This number is significant even in astronomy and astrophysics leave alone astrology and numerology. The New General Catalogue refers to NGC786 as  a magnitude 13.5 spiral galaxy in the constellation Aries. An asteroid has also been named as 786 Bredichina. The triple conjunction of Jupiter and Saturn occurs very rarely and so far this astronomical event has been witnessed only thrice in the living memory as it occurs only every 800 years. It was first recorded in 7 BC (the Star of Bethlehem in the sky at the time of the birth of Jesus Christ ), then in 786 CE and the last time in the year 1583, according to a astro-mathematical 
calculation prepared by the University of Helsinki, USA. 
Astrologers point out that the ubiquitous astrological predictions trace their origin to the year 786 BC. This year is considered of great importance to astrology as it was the year of official opening of the new temple dedicated to Babylonian god Nabu at Calah, an ancient city of Assyria. Nabu is represented by planet Mercury and is considered as the god of astrology among other things. 
Mufti Ibrahim Desai is of the view that the numerical 786 cannot replace the written Bismillah. In a fatwa, he says, the tradition of writing 786 was not present during the days of the Prophet. It was introduced about 150 years after his passing away.
"Whosoever uses 786 with the intention to obtain Allah's Blessings, is a misguided person and any attempt to justify it, is ignorance", he observes. However, the Mufti Muhammad Khaleel Ahmad of the 130-year-old Jamia Nizamia is of the view that 786 is allowed and permissible to write with the intention of gaining Blessings.
All-India Muslim Personal Law general secretary Abdul Rahim Qureshi told this paper that "786" is written only in India and Pakistan. It does not have any Islamic significance except that it is a numerical code for Bismillah.Interestingly, if the letters in "Lord Hari Krishna" are to be given gematrical 
value in Arabic, the total numerical value of Hari Krishna will sum also up to 786, says Hafiz Shujath Hussain.Eminent astrologer TM Rao, however, does not see any astrological significance for August 7, 2006. "It is just like any other day, except that it has a significant combination of numbers 7,8 and 6," he adds.

Thursday, June 7, 2012

Food habits in Ramzan: Hyderabadis moving away from traditional dishes gradually

By Syed Akbar

Ramzan is gradually turning to be quite different in Hyderabad, at least on the food front. With the change in the food habits of Hyderabadis, the traditional menu for the pre-dawn "Sahar" and the post-sunset "Iftaar" has given way to Chinese, Italian and Andhra dishes.
The ritual of fasting was once considered to be incomplete in this part of India without the traditional Hyderabadi dishes. But this festival season, several non-Hyderabadi dishes are all set to make their way
into the special Ramzan menu.
Instead of the traditional morning dishes Nahari Kulcha, Murgh, Kichidi Kheema and Bagara Chawal with Dalcha, "modern" Hyderabadis are now preferring Andhra food items like Idli, Vada and Uthappa and Chinese stuff including Chop Suey, Chow Mein and Lo mein. The famous "bun muska" has simply disappeared from the Ramzan menu."The traditional Hyderabadi items are too oily and full of cholesterol. Though the dishes taste good, they have a long term ill-effect on the body. Eating food with high cholesterol content early in the morning is not good for health. So we are going in for the lighter stuff to ensure that the fasting goes on well without trouble," says lecturer B Moinuddin.
The highly educated ones, on the other hand, are going in for Pizza, French fries, Chicken nuggets, spring rolls and egg rolls. In tune with the changed food habits, several restaurants have made special arrangements to supply these items early in the morning in time for the Sahar. Even roadside bandis have come out with the "sahar" menu to cater to the changed needs, selling hot Idli, Vada early in the morning. "There's a perceptible change in the eating habits of Hyderabadis. More and more families are going in for ready-made food stuff even for festivals. Preparation for sahar means waking up at 1.30 am so that the food is ready by 3.00 am.
By the time the fajr (dawn) prayer is completed, it will be 5.45 am. This leaves only a little time for sleep. And this is primarily the reason why more and more people are going in for ready-made and easily digestible items," says senior Islamic scholar Hafiz Syed Shujath Hussain.
However, the old Hyderabadis still want to stick to their favourite all-time dishes like Kofta, Lukhmi along with Nahari Kulcha or Bagara Chawal with Dalcha.
Moreover, with Ramzan falling in the rainy season (this is the first time that the festival falls in rainy season in 33 years), the menu for the "Iftaar" has also undergone a few changes. The temperature is slightly lower and so there will be no "cool stuff" like Firni, Harira, Faluda and Lassi. Ramzan, which literally means "heat" is also going to be a rather cool affair this season.
Ramzan falls in different seasons in different years completing the cycle in 33 years. This is because the lunar calendar falls short of 11 days in relation to the solar year.

How the Gandhian "Charka" had changed the living standards of people in the Islamic holy cities of Mecca and Medina before Indian Independence

By Syed Akbar
Old timers in Hyderabad recall how the Gandhian "Charka" had changed 
the living standards of people in the Islamic holy cities of Mecca and Medina before Independence. Scores of "Charka" experts from Hyderabad went to Medina, the city of the Prophet, to train the local Arabs in the art of making thread and
weaving cloth. Some Hyderabadis also went to Mecca, the city of Allah, with the Gandhian mission of providing livelihood to the poor through Charka.
As the poor people of Mecca and Medina could not master the art of making thread on the Charka despite several training sessions by expert Hyderabadis, it was then decided that the local Arabs be trained in weaving cloth. Hyderabadis then carried with them what is known as "Kargha" (a type of loom) to weave Khadi cloth. Incidentally, it was Hyderabad which provided the first-ever power generation facility in Masjid-al-Haram in Mecca and Masjid-un-Nabavi in Medina in 1936. Then Nizam of Hyderabad Mir Osman Ali Khan and some members of the noble Paigah family donated the two generators that illuminated the Islamic shrines in the otherwise dark desert nights.
According to eminent educationist KM Arifuddin, in 1932 Shaik Abdullah, then prime minister of Kashmir, the Nawab of Chattari and then prime minister of Hyderabad held a meeting and formed what came to be known as "Anjuman Parcha Bafi Harmain Sharieff". Arifuddin is presently the secretary of the Anjuman. The purpose of the Anjuman or society was to help the poor people of the two Islamic holy cities. The Anjuman acquired properties and the rents accrued from them were sent to Mecca and Medina as charity.
"Later the society felt that sending money will not serve the purpose well. So it decided to give training to the local Arabs in hand weaving industry. A unit was set up in Medina and it functioned till 1945. After Independence and oil discovery in Saudi Arabia Hyderabadis stopped sending funds or training the locals in hand weaving," says Arifuddin.

Former IAS officer Hasnuddin Ahmad says the Gandhian Charka and Kargha had changed the living standards of the Arabs in those days. "The cloth produced from handlooms was not of superior or fine quality. The cloth was coarse in nature. The Arab people had marketing problems. The Hyderabadis came out with a solution. It was suggested that the cloth could be used as "kafan" (shroud) to cover the dead. The Arabs used to dip the cloth in the holy waters of Zamzam (a perennial well in the precincts of the Sacred Mosque in Mecca) and sold it to the pilgrims from around the world during Haj or Umra," Ahmad observes.
The Rubat (accommodation) in Mecca and Medina is another contribution of Hyderabadis, according to senior Urdu journalist Syed Fazil Hussain Parvez.
Keeping the long association with the Islamic holy cities, the synonyms of peace and love, Hyderabadis have been observing Milad-un-Nabi as "anti-terrorism day" to drive home the message that Islam means peace
and the ill actions of a handful of Muslims cannot reflect on the community at large.

Wednesday, June 6, 2012

All about Muslim reservations: Is quota for Muslims in India Constitutionally valid?

Is Muslim quota Constitutional, because it has been widely criticized as illegal and unconstitutional?
 
In the Constituent Assembly Debates (CAD) we find the efforts to include minorities was negatived, and it is thus clear that minorities are not to be included in the term “backward classes” : This again is fallacious and incorrect.  The terms have been used in a historical situation with a specific intent which no longer obtained after partition, and the conclusion is erroneous.  The statements and answers of Dr. B R Ambedkar establish that the term “backward classes” was used as an alternative for minorities (after several allied expressions like “minorities and classes”, “classes and minorities”, “classes including minorities”, etc., were all considered) only because the expectation in April 1947 was that there would still be the possibility of a unified India (including India as it is now, and the present Pakistan and Bangladesh) could be realized and politically actualized. Once the country split up, the earlier seemingly valid rationale for not having the word minority evaporated, and the need was to have the word mentioned.  However, the trauma and the strong feelings were a factual reality and in the heat of the times, the removed or substituted word could hardly have been sought to be re-included without serious discord. 
 
The correct picture that emerges is that the term classes was used as an inclusive term that would encompass minorities as well as other classes of people.  A further reading of Articles 15 (4) and 16 (4) read with Article 29 (2) would be informative and illustrative :
 
 
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.-

1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) ....

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

 

16. Equality of opportunity in matters of public employment - (1) ...

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

...

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

(4A) Nothing in this article shall prevent the state from making any provision for reservation in matters of promotion of any class or classes of posts in the services under the State in favour of Scheduled Castes and Scheduled Tribes which, in the opinion of the State are not adequately represented in the services under the state.

 
 
The Constitution rejects religion-based reservations. How, then, do you justify it?
 
It does not. Muslims have the sole homogenous feature that all subscribe to the same religion, and any reservation for Muslims would inevitably be attacked by opponents of the move as being religion-based and therefore violative of the equality clause of the Constitution.  The reservation for Muslims, who do subscribe to the same religion, is not sought on that as basis or for that reason : it is sought on the basis of  their backwardness and for the reason that that backwardness required to be addressed by affirmative action on the part of the State.  Also, as would be seen from submissions below, the Constitution does enable such reservation.  (It is only discrimination AGAINST that is precluded on basis of race, religion, sex, caste, etc., and not affirmative action FOR backward persons.  There is a misguided judicial attempt to claim discrimination is proscribed. It is not. The operative word is against, and while discrimination against is prohibited, discrimination in favour of, constituting affirmative action, is not only not prohibited, it is actively required, recommended and even mandated by the Constitution itself, as we shall see.
 
If we see Article 16 (4) it refers to ANY backward class of citizens.  If we see Article 15 (4) it refers to ANY socially and educationally backward classes of citizens OR for the scheduled castes and scheduled tribes.  The word ANY hardly needs elaboration.  Classes, as a plural of class, is also indicative of constitution makers’ and parliament’s intent.  The disjunctive OR between the words “backward classes of citizens” and “scheduled castes and scheduled tribes” (as this OR that) establishes that the backward classes are categories or classes OTHER THAN scheduled castes and scheduled tribes which are separately listed. 

 

When we read Article 29 (2) and see that the words used are “only on grounds of religion, race, caste, language or any of them”, and 15 (4) states (non-obstante – like) “nothing in this article or in Article 29 (2) shall prevent the state from making any provision FOR the advancement of any socially and educationally backward classes…” absent intellectual dishonesty, we are able to appreciate that a provision FOR backward classes can be made even on the basis only of religion, if persons subscribing to any particular religion are found to be backward, and like sec 151 of the CPC, the perception is of power inherent (“nothing in this article or in Article 29 (2) shall prevent the state”), and clear unequivocal expression is given to the fact that nothing prevents the exercise thereof in appropriate cases.

Likewise, Arts. 330, 332, 335 and 338 speak of SCs and STs, whereas 331 and 333 and 336 refer to Anglo-Indian community : the Anglo-Indian community comprises exclusively of Christians.  That provision is thus based on religion alone.  If Anglo-Indians are perceived to be only predominantly (and not exclusively) Christian, even then the provision is seen as one based only on “race”.  While thus separate provision has been made for SCs and STs and for Anglo-Indians, Article 340 refers to  “commission for backward classes” : when seen as distinct from SCs and STs and Anglo-Indians, who can these other backward classes be ?  Obviously it would refer to other citizens who may be of any religious or other denomination, and are in the opinion of the state, backward.  Muslims qua Muslims stand squarely covered.
 
What exactly does the Indira Sawhney case in the Supreme Court say on the issue of Muslim quota?
In Indra Sawhney, the Supreme Court’s guideline was stated thus : “for example, (the BCC) may take up the Muslim community (after excluding those sections, castes and groups, if any, who have already been considered)…”

…..Para  (4). The doctrine of equality has many facets.  It is a dynamic, and an evolving concept.  Its main facets, relevant to Indian Society, have been referred to in the preamble and the articles under the sub heading “Right to equality”- (Articles 14 to 18). In short, the goal is “equality of status and of opportunity”.  Articles 14 to 18 must be understood not merely with reference to what they say but also in the light of the several articles in Part IV (Directive Principles of State Policy). “Justice, Social, Economic and Political “, is the sum total of the aspirations incorporated in Part IV

 

(E).  Constitution of India, Art.340- Backward classes commission – Conclusions given in its report – cannot always be scientifically accurate  - Sufficient if relevant data and material given in report justify the conclusions. (Per B.P.Jeevan Reddy,J. (for himself and on behalf of M.H.Kania, C.J.and M.N.Venkatachaliah, A.M.Ahmadi, JJ.))  AIR 1972 SC 1375, Approved (Para 39)

….. para.  39. Again, in State of Andhra Pradesh  v. Balram (AIR 1972 SC 1375), a case arising from Andhra Pradesh, a Division Bench (Vaidyalingam and Mathew, JJ.) adopted the same approach and upheld the identification made by Andhra Pradesh Government on the basis of caste. Answering the criticism that the Backward Classes Commission appointed by the state Government did not do a Scientific and job, the Bench observed :

 

“In our opinion, the Commission has taken considerable pains to collect as much relevant material as possible to judge the social and educational backwardness of the persons concerned.  ... If the commission has only to go on doing the work of collecting particulars and materials, it will be a never-ending matter.  In spite of best efforts that any commission may make in collecting materials and data, its conclusions cannot be always scientifically accurate in such matters.  Therefore, the proper approach, in our opinion should be to see whether the relevant data and materials referred to in the report of the Commission justify its conclusions.....”

...Art. 16 (1) does permit reasonable classification for ensuring attainment of equality of opportunity assured by it.  For assuring equality of opportunity, it may well be necessary in certain situations to treat unequally situated persons unequally.  Not doing so, would perpetuate and accentuate inequality.

……Para.  57.  …… In our respectful opinion, the view taken by the majority in Thomas is the correct one.  We too believe that Article 16 (1) does permit reasonable classification for ensuring attainment of the equality of opportunity assured by it.  For assuring equality of opportunity, it may well be necessary in certain situations to treat unequally situated persons unequally.  Not doing so, would perpetuate and accentuate inequality.  Article 16(4) is an instance of such Classification, put in to place the matter beyond controversy.  The “backward class of citizens” are classified as a separate category deserving a special treatment in the nature of reservation of appointment/posts in the services of State.

…..Para. 80.  Pausing here, we may be permitted to make a few observations.  The speeches of Dr. Ambedkar may have  to be understood in the context of the then obtaining ground realities viz. (a) Hindus constituted 84% of the total population of India.  And among Hindus, caste discrimination was unfortunately an unpleasant reality;  (b) caste system had percolated even the Non-Hindu religions – no doubt to varying extents. 

(c).  It is significant to notice that throughout his speech in the Constituent Assembly, Dr.Ambedkar  was  using the word “communities” (and not ‘castes’) which expression includes not only the castes among the Hindus but several other groups.  For example, Muslims as a whole were treated as a backward community in the princely State of Travancore besides several sections/ denominations among the Christians.  The word “community” is clearly wider than “caste” – and “Backward communities” meant not only the castes – wherever they may be found – but also other groups, classes and sections among the populace.

But any program towards betterment of these sections-classes of society and any program designed to eradicate this evil must recognize this ground reality and attune its program accordingly. Merely burying our heads in the sand – Ostrich-like – wouldn’t help.  One cannot fight his enemy without recognizing him.  The U. S. Supreme Court has said repeatedly, if race be the basis of discrimination past and present – race must also form the basis of redress programmes though in our  Constitutional scheme, it is not necessary to go that far.  Without a doubt, an extensive restructuring of socio-economic system is the answer.  That is indeed the goal, as would be evident from the preamble and Part IV (Directive Principles).

 

For identification of backward classes one has to begin somewhere – with some group, class or section.  There is no set or recognized method.  There is no law or other statutory instrument prescribing the methodology.  …   There is also no rule of law that a test to be applied for identifying backward classes should be only one and /or uniform.  In a vast country like India, it is simply not practicable.  If the real object is to discover and locate backwardness, and if such backwardness is found in a caste, they too can be treated as backward.

….Para.  83.  ...

….  Besides castes (whether found among Hindus or others) there may be other communities, groups, classes and denominations, which may qualify as backward class of citizens.  For example, in a particular State, Muslim community as whole may be found socially backward....  For example, it may take up the Muslim community (after excluding those sections, castes and groups, if any, who have already been considered) and find out whether it can be characterized as a backward class in that state or region, as the case may be...

 

…what is the effect of the word ’only’ in Article 16(2).  In the context it has been used it operates, both, as permissive and prohibitive.  It is permissive when State action, legislative or executive, is founded on any ground other than race, religion or caste.  Whereas it is prohibitive if it is based exclusively on any of the grounds mentioned in Article 16(2) [Javed Beg v. Union of India (AIR 1981 SC 794)].

 

 (c) Social and educationally backward class under Article 340 being narrower in import than backward class in Article 16(4) it has to be construed in restricted manner.  And the words educationally backward in this Article cannot be disregarded while determining backwardness.

(3) Reservation under Article 16(4) being for any class of citizens and citizen having been defined in Chapter II of the Constitution includes not only Hindus but Muslims, Christians, Sikhs, Budhs, Jains etc. the principle of identification has to be of universal application so as to extend to every community and not only to those who are other converts from Hinduism or some of whom (who) carry same occupation as some of the Hindus.

...       It is true that no decision earlier to it specifically said so, yet such an impression gained currency and it is that impression which finds expression in the above observation.  In our respectful opinion, however, the said assumption has no basis.  Clause (4) of Art.16 does not contain the qualifying words “socially and educationally” as does clause (4) of Art.15.  It may be remembered that Art. 340 (which has remained un-amended) does employ the expression ‘socially and educationally backward classes’ and yet that expression does not find place in Art.16(4).  The reason is obvious:  “backward class of citizens” in Art.16(4) takes in Scheduled Tribes, Scheduled Castes and all other backward classes of citizens including the socially and educationally backward classes.  Thus, certain classes which may not qualify for Art. 15 (4) may qualify as backward class of citizens for the purpose of Art. 16 (4).   ... It would, thus, be not correct to say that ‘ backward class of citizens’ in Art.16(4) are the same as the socially and educationally backward classes in Art.15(4).  Saying so would mean and imply reading a limitation into a beneficial provision like Art.16(4).  Note that yet the Courts have not hesitated in reading a limitation into 15 (4) that is not warranted by the wordings employed by Parliament or Constituent Assembly.  They have interpreted “prohibition of discrimination AGAINST” as equivalent to “prohibition of affirmative action in favour of” ! ]]

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