Minority Rights, Secularism and Civil Society

Author(s): Yamini Aiyar and Meeto Malik

Source: Economic and Political Weekly , Oct. 23-29, 2004, Vol. 39, No. 43 (Oct. 23-29,
2004), pp. 4707-4711
Published by: Economic and Political Weekly

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 IPerspetives

Minority Rights, Secularism

this category. Sewa is a trade union of over
3,00,000 women. Founded in 1972, its
main objective is to strengthen women's

and Civil Society

economic capabilities through advocacy,
credit provision and business develop-
ment services and in this process make
them self-reliant. The presence of signifi-
The Indian state has failed to recognise an actively address the cant Muslim communities in the geo-
graphic areas where Sewa works has meant
issue of the socio-economic rights of Muslims. Civil society that its interventions have contributed to
organisations mirror the tendencies of the state to prioritise strengthening their economic capabilities
cultural rights over the social and economic needs of the and in so doing empower Muslim women.
community. It is crucialfor civil society to interrogate its own This is evident from the fact that of a total
membership of 1,20,000 women, one third
position and develop a platform for concerted advocacy on
are Muslims.2 There are many such organi-
issues related to the socio-economic rights of the Muslim sations whose work has contributed
community. significantly to empowering Muslim com-
munities, examples of which include the
YAMINI AIYAR, MEETO MALIK Historically, democratic politics in IndiaBeti Foundation in Lucknow and the
has been complemented by a strong and Informal Workers Union in Tamil Nadu.
M n 'inority rights, particularly in the active civil society. A key characteristic Perhaps more relevant in the present
context of the Muslim com- of Indian civil society is its heterogeneitycontext is the second category of organi-
munity, have arguably been the and representation of multiple ideologiessations that emerged in response to the
most contested issue in contemporary and perspectives. Before undertaking an increasing communalisation of Indian
India. The rise of Hindu majoritarianism analysis of the ways in which civil societysociety, and have gained prominence over
as a powerful force in Indian democracy addresses minority rights, it is thus ne-the past decade or so. The rise of Hindutva
over the past two decades has meant the cessary to map out the range of strategiesforces since the 1980s brought with it a
virtual acceptance of an anti-Muslim dis-and interventions employed by various strong anti-Muslim rhetoric that has cap-
civil society organisations (CSOs) from
course by large segments of society. In this tured the imagination of many in India.
context, civil society has emerged the as aperspective of their impact on MuslimThis rhetoric is premised on the idea that
central player in championing the cause communities.1 To examine these organi- secularism has meant the 'appeasement'
of minority communities. This role is
sations, we propose a broad classificationof Muslims by the state, and it has given
particularly important in a politically of CSOs into three main categories. In the currency to perceptions of the Muslim
charged environment where the state is category are organisations that definecommunity as both pampered and threat-
first
often accused of abdicating its constitu-themselves as 'secular', i e, not working ening. It is in an attempt to counter such
tional responsibility to protect religious
for any particular religious community orperceptions that these organisations de-
minorities and, in some cases, even insti-
affiliated to any religious institution.veloped their approaches and strategies
Specifically, this category focuses on for intervention. The starting point for
gating violent attacks on them. This paper
is an attempt to interrogate civil society
organisations that work to promote the their work is the protection of the consti-
understandings of minority rights throughsocio-economic rights of marginalisedtutional guarantees accorded to minority
communities. These organisations too
communities and happen to be situated in
an analysis of the strategies and approaches
employed by some prominent civil society define themselves as secular and see their
areas with a sizeable Muslim population.
organisations whose work has influenced The ideological roots of these organisationsrole as critical in the struggle to preserve
the debate on minority rights. The focuscan be traced back to the 1970s when the and strengthen Indian democracy.
is on organisations working for and withcivil society space witnessed a proliferation Work in this area first gained promi-
Muslim communities, India's largest of organisations and movements fighting nence in 1985 with the formation of the
re-
ligious minority. Through this analysis,to protect the rights of marginalised com- Sampradayikta Virodhi Andolan, a forum
the paper presents a critique of the current
munities. These organisations and move- of secular NGOs with a mandate to pro-
ments emerged in response to a growing mote secular values in India. Since then,
debate, which has not adequately addressed
the problem of the social and economic sense of disillusionment with the ability the civil society landscape has seen the
deprivation suffered by large sections and
ofcommitment of the state to substan- proliferation of organisations working on
Muslims, and in so doing, confined tivelythe democratise Indian society and these issues. Important examples of these
debate to such issues as preserving the catalyse socio-economic transformation, groups are Anhad in New Delhi; Sabrang
secular and plural character of India, a role that it had been unconditionally Communications (of Communalism Com-
entrusted with at the time of independence bat fame) in Mumbai; the Ahmedabad
discussing the cultural rights of Muslims,
preventing anti-minority violence and [Tandon and Mohanty 2003]. The Mahila Community Foundation (also known as
holding the state accountable for violent
Sewa Trust, Ahmedabad, is an interesting the Citizen's Initiative); the Centre for the
attacks on Muslims. example of organisations that fall within Study of Society and Secularism (CSSS),

Economic and Political Weekly October 23, 2004 4707

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Mumbai and the Coalition of Voluntary As this rough sketch suggests, it is the
therefore, is on the preservation of cultural
Agencies (COVA) in Hyderabad. All these secular organisations working on commu- pluralism, and the focus of the Constitu-
groups emphasise the shared cultural tra-nal harmony on the one hand, and the tion is on the cultural rights of religious
ditions of the country, contest the anti-Muslim-run NGOs on the other, that are minorities [Hasan 2003]. This is reflected
minority rhetoric and actions of the the most vocal and influential when it in civil society's debates and interventions
Hindutva forces and attempt to make comes to articulating, prioritising and on minority rights.
interventions for improved relations representing Muslim issues. AlthoughSecular organisations working on issues
between Muslims and Hindus. In recent these organisations come from different related to the economic and social rights
years, particularly in the aftermath of the
ideological positions, they have a common
of marginalised communities more broadly,
violence in Gujarat, they have acquired a
starting do indirectly address issues of relevance
point - the constitutional guaran-
prominent position for the effective inter-
tees accorded to minority communities. toAMuslim communities. However, these
large part of their work is thus focusedorganisations
ventions they made in relief and rehabili- on do not have a specific
tation, and legal action to hold the state
holding the state accountable for the pre-
mandate to advocate the rights of Muslims
accountable to victims of violence. servation of these guarantees. At this point,
and are thus not influential in setting policy
The third category of organisations in-
it may be useful to step back and briefly agendas in the sphere of minority rights.
cludes those headed by Muslims with the examine the constitutional provisions and This is the case even among organisations
state policies directed at religious minori-
specific mandate of working to protect the such as Sewa Lucknow that work almost
rights of the Muslim community. These ties. The basic principle through which exclusively with Muslims. Founded in
organisations are generally accepted minority
as rights have been articulated 1984,
in Sewa Lucknow is an organisation
India is that of secularism. Defined as
representatives of Muslim perspectives and of chikankari workers, a hereditary craft
occupy prominent positions both in the practised by Muslim women based in
equality of all religious beliefs, secularism
media and the political sphere for theirunderlies the spirit of the Indian Consti- Lucknow. Despite the fact that Sewa
opinions on issues such as the uniform tution and mandates that the state will not Lucknow members are almost exclusively
civil code and Babri masjid. The All-India
be aligned to any one religion, all citizensMuslim women (in its initial phase it had
Muslim Personal Law Board (AIMPLB) will have the freedom of religious belief, a 100 per cent Muslim membership, how-
and minorities will not be discriminated
and the All-India Milli Council are promi- ever, in recent years several Hindu women
nent amongst these. The AIMPLB was
against in any way. Under the Consti-
have joined the organisation), it is best
established in 1972 with a mandate to tution, religious minorities are given the
known for its advocacy and interventions
protect Muslim personal law. The Milli right to observe and preserve their language,on women's rights, education and labour
Council was established in 1992 to further culture and religious practices, and torights rather than on specific issues related
the social, political and educational ad- establish and administer their own educa- to the Muslim community.5 It is worth
vancement of Muslims.3 Arguably, their tional institutions. Moreover, the Consti-mentioning here that there are some
starting points are somewhat similar to the tution retains separate personal laws fororganisations, notably Awaz-e-Niswan in
secular organisations working for com-different communities, thus ensuring that Mumbai and the Mahila Sahbhagita
munal harmony described above, in thatreligious minorities be governed by theirSansthan in Varanasi, that are working for
they too work for the protection of the own community codes. The emphasis, the empowerment of Muslim women in
constitutional guarantees accorded to
minority communities and in so doing aim
Child on the Wing:
to preserve the democratic space for
Children Negotiating the Everyday
Muslims in India. However, the difference
in the Geography of Violence
lies in their ideological base. Crucially,
Department of Anthropology, Johns Hopkins University
these organisations identify themselves
specifically with the Muslim community, Two Rockefeller Research Fellows, 2005/2006
and to that extent can be described as Child on the Wing is a project of the Department of Anthropology at the Johns Hopkins University, funded
'communal'. Moreover, these organi-
by The Rockefeller Foundation. The program focuses on the mobile trajectories of children's lives under
conditions of ongoing political violence and economic uncertainty.
sations have been caught in politics that
Child on the Wing invites applications for residential fellows who are conducting innovative interdisciplinary
aims to preserve spaces for Muslims within
research (academic, policy or advocacy-related) on children and work, children as political actors, and
a framework of Islam that does not address children responding to situations of war and ethnic or sectarian conflict. Applications should be at least
three years beyond receipt of the PhD or have three years of experience with NGOs or policy-making.
the more substantive questions of demo-The length of the fellowship is one year at Johns Hopkins, including one four-month semester at a fieldwork
cratisation of structures within the com- site. The Department will host workshops in the final year (2006/2007) to which fellows will be invited
to present their research. A final publication will be compiled from research contributions.
munity. The AIMPLB's interpretation of
The salary is $40,000 for the year, plus health insurance, airfare and contributions towards research
Muslim personal laws in the context of the costs. Further details of the program and information for applicants are available at www.jhu.edu/child.
Shah Bano case is an important example Application deadline: 31 January 2005
of this.4 The Milli Council has done some The Johns Hopkins University DOES NOT DISCRIMINATE For information please contact:
work in the area of socio-economic ad- ON THE BASIS OF RACE, COLOR, GENDER, RELIGION, SEXUAL Veena Das or Pamela Reynolds,
ORIENTATION, NATIONAL OR ETHNICORIGIN, AGE, DISABILITY, MARITAL Department of Anthropology
vancement of the community, most nota-STATUS, OR VETERAN STATUS IN ANY STUDENT PROGRAM OR ACTIVITY Johns Hopkins University
bly on issues related to the modernisationADMINISTERED BY THE UNIVERSITY OR WITH REGARD TO ADMISSION 404 Macaulay Hall
OR EMPLOYMENT. DEFENSE DEPARTMENT DISCRIMINATION IN ROTC 3400 North Charles Street Baltimore,
of madrasas. However, their politics tooPROGRAMS ON THE BASIS OF SEXUAL ORIENTATION CONFLICTS WITH MD 21218. USA
THIS UNIVERSITY POLICY. THE UNIVERSITY IS COMMITTED TO Tel: 410.516.7272 Fax: 410.516.6080
appeals to the more retrogressive voicesENCOURAGING A CHANGE IN THE DEFENSE DEPARTMENT POLICY. Email: straderl @jhu.edu
within the community and they have notQUESTIONS REGARDING TITLE Vi, TITLE IX AND SECTION 504 * f M
SHOULD BE REFERRED TO THE OFFICE OF EQUAL OPPORTUNITY,
been able to adequately fight for the rights N-710 WYMAN PARK BLDG, HOMEWOOD CAMPUS, 410-516-8075
of those marginalised.

4708 Economic and Political Weekly October 23, 2004

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India. However, these organisations are Sections of civil society in India hold the
employed in the executive and supervisory
few and far between and they have not yet cadre, and as workers is dismally low state accountable for the increased
been able to develop a strong sphere of [Razzack and Gumber 2002]. communalisation of society, attacks o
influence within and outside the Muslim Despite the overwhelming evidence constitutional
of protections for the minor
community. ties and the frequent pogroms directe
the socio-economic deprivation of Muslims
As this overview suggests, civil society against Muslims. Given the so-calle
in India, debate and action on these issues
has been most vocal on Muslim issues rarely features in the civil society dis-watchdog role that civil society plays
when it comes to advocacy for the course pre- on minority rights. The relationshipa democracy, it is only natural that in t
between socio-economic deprivation and
servation of the secular fabric of the country, present political context, civil society acti
understood both as preserving the consti- religious identity is a complex one. Ana-for minority rights is focused on the pro
tutional guarantees of Muslims as well as
lytically tection of constitutional rights, strengt
they appear to be separate issues,
promoting communal harmony. In essence, however, real experience proves other- ening secularism and preventing violenc
civil society interprets minority rights wise. This is evidenced by factors such as The most pressing concern, as articu
the decline of Urdu in north India and
within the limitations set by the Constitu- lated by civil society activists, is t
Andhra
tion, where rights are defined primarily as Pradesh, its impact on the educa-
overpowering problem of violence encou
cultural. Broader issues of socio-economic tered by the Muslim community and th
tional status of Muslims and their ability
rights are not seen as unique to the Muslim
to gain employment; and the under-repre- need to preserve the secular fabric of th
community and are addressed indirectly country. Activists such as Harsh Mand
sentation of Muslims in public institutions
through work on socio-economic rights and Shabnam Hashmi argue that whi
[Mohapatra 2002; Mehta 2004]. In recent
more generally. years, attempts have been made to analyse
ensuring the social and economic rights
these relationships more systematically.
Muslim communities is of critical impo
Barbara Harriss White, for instance, tance,
has it is extremely difficult to priorit
Limitations of Civil Society
Perspective examined the implications of religious this when the entire community is und
plurality on a capitalist economy and ar-
attack. Therefore, the pressing task is
Despite civil society's preoccupationgues for the role played by religious iden-
strengthen communal harmony; improv
tity in shaping economic capabilities
with the issue of cultural rights, there is Hindu-Muslim relations and ensure that
an emerging body of literature that points[Harriss White 2002]. Another emerging more civil society organisations and social
to the poor human development status of body of work examines the relationship movements include in their agendas the
Indian Muslims, who suffer from wide- issues of increasing communalism and
between the relative deprivation experi-
spread illiteracy, low income, irregular
enced by minorities and argues that dis-
violence against minority communities.
crimination is a critical factor that contrib-
employment and a high incidence of This dilemma of prioritisation is reflected
poverty [Razzack and Gumber]. Studiesutes to the socio-economic exclusion of in the work of COVA, a network of over
suggest that Muslims on the whole have minority communities [Justino and 800 voluntary organisations whose vision
Litchfield 2003]. These studies and expe-
an average standard of living less than even is to promote communal harmony and bring
the OBCs and well below that of upper caste
riences highlight the fact that disadvantage
the Muslim community into the mainstream
Hindus [Hasan and Menon 2002]. Accord-and disempowerment are experiencedof atdevelopment processes in India. Con-
ing to the 50th and 55th rounds of thespecific intersections of religion, class,
sequently, much of COVA's direct com-
National Sample Survey Organisation, in
caste and gender. Consequently, any dis-
munity development work is concentrated
1993 and 1999-2000, Muslims were worsecussion on minority rights, if it wereintoMuslim-dominated areas such as the old
off than their counterparts in the majority city in Hyderabad. However, COVA is
truly address the experiences of minorities
community on all major socio-economic in its entirety, must necessarily address best
the known for the work it has undertaken
indicators. They spend less on consump- question of socio-economic disadvantageto develop alliances within the civil soci-
tion because they earn less. The incidence
faced by the community. ety sphere to strengthen activism for com-
of poverty is higher among Muslims than What explains the direction of the current
munal harmony. Its advocacy stops short
Hindus. Literacy rates are substantially civil society discourse on minority rights of directly addressing the question of the
lower among Muslims - in rural areasand the conspicuous absence of debate social and economic rights of Muslims
illiteracy is at 44 per cent among Hindus and action on issues related to the socio- despite the fact that they are actively
and 48 per cent among Muslims. They are economic rights of the Muslim community? working for their upliftment.
more likely to be employed as casual labour To understand this, it is necessary to
than Hindus. In rural India, they are furtherexamine the relationship between civil
State and Minority Rights
marginalised in terms of access to land -society and the state. Political theorists
51 per cent of Muslims are landless againstagree that civil society is a crucial pillar An important factor contributing to the
40 per cent of Hindus. And finally, unem- of democracy. However, its relationship nature of the current debate on minority
ployment rates are significantly higher vis-a-vis the state is open to contestation. rights is the fact that the Indian state has
among Muslims at 5.5 per cent, against 4 Some proponents of civil society see it as fallen short of recognising and actively
per cent for Hindus [Reddy 2002]. They an alternative to the state.6 More convinc- addressing the issue of the socio-economic
have a nominal presence in the adminis- ing, however, is the position that civil rights of Muslims. Zoya Hasan's analysis
trative, police and defence services, and society operates in tandem with the state, of the relationship between the state and
more or less no share in financial and where its most critical role is to counter minority communities is significant in this'
banking institutions. Significantly, eventhe
in hegemonising tendencies of the latter regard. Hasan argues that the constitu-
the private sector, there is evidence and
to ensure that citizens' rights are pro- tional provisions for religious liberty and
suggest that the number of Muslims tected [Chandoke 2003; Elliott 2003]. cultural rights of minorities have proved

Economic and Political Weekly October 23, 2004 4709

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inadequate in protecting them against religious community or ethnic group too vocal demand from within the community
discrimination and exclusion. Taking the has a similar impact- to actively address these issues. This needs
argument further, she suggests that the It thus appears that in engaging with the to be understood within the broader con-
state's failure to ensure the socio-economic broader political discourse on secularism text of the history of Muslim polity in
development of India's minorities is tan- and minority rights, civil society contemporary India. In the immediate post-
tamount to discrimination [Hasan 2003]. organisations mirror the tendencies of the independence era, Muslim communities
Hasan's argument is substantiated by the state to prioritise cultural rights over the largely supported the Congress Party,
fact that although widespread evidence of social and economic needs of the commu-
whose agenda for secularism was seen as
the dismally poor socio-economic status nity. There have, however, been a fewcritical to their well-being. However, the
of Muslims led the Gopal Singh committee sporadic attempts at bringing this issuelate 1960s witnessed a growing disenchant-
to declare them to be a 'backward com- into the public discourse. One such ex- ment with the Congress' opportunistic
munity' in India as early as 1983, and ample is the All-India Backward Muslimpolitics, leading to a decline of Muslim
government reports do acknowledge the Morcha (AIBMM), which was set up insupport for the party. This period also
backwardness and deprivation of Mus-Bihar under the leadership of Eijaz Ali incoincided with the rise of sectarian vio-
lims, there are very few policies aimed at1994. The organisation advocates for thelence in India that encouraged the more
redressing it. Indeed, government policiesneeds of the dalit-Muslim community. Itfundamentalist voices within the commu-
in economic upliftment of the minoritieshas a strong caste base and argues that thenity to occupy the political centre stage.
are conspicuous by their absence [ibid].upper caste Muslim leadership thrives onThese voices emphasised the need to
Arguably, this inability of the state tochampioning such 'communal' 'non- preserve cultural spaces for Muslims with
address the socio-economic deprivation issues' as the protection of the Muslimno efforts to secularise the community
faced by religious minorities can in partpersonal law and the Babri masjid. Theymore generally. Consequently, the politi-
be traced back to the Constitution, whichmake a strong case for redistributive cal discourse on minority rights as articu-
explicitly articulates the need to preserve
policies and affirmative action in jobs andlated by Muslims came to be synonymous
in education to be extended to the dalit-
the cultural rights of religious minorities with the preservation of a separate Muslim
and not their economic, social or political
Muslims. Further, this new leadership culture in India rather than securing rights
rights.7 As Rochna Bajpai points out, theargues that since the primary concern of for the disempowered within the commu-
dominant nationalist opinion in the con- backward caste Muslims is sheer physical nity [Mohapatra 2002; Mehta 2004]. In
stituent assembly, represented by thesurvival, jobs and wages, there is a need spite of the absence of a sustained political
Congress and its supporters among minor- to bring about 'a revolution of priorities' demand to address the socio-economic
ity leaders, held that the backwardness of[Sikand 2004]. Recently, members of the rights of Muslims from within the com-
a group was a legitimate ground for group AIBMM even went to the extent of sug- munity itself, there is enough evidence to
preference provisions. However, the per-gesting that the Muslim community would show that many Muslims are concerned
ceived need to preserve a distinct culturalbe willing to trade the Babri masjid issue about these issues. Moreover, activists such
identity was not [Bajpai 2000; Mohapatra in exchange for reservations for lower- as Sehba Hussain argue that even if the
2002:189]. This meant that while the caste Muslims [Tripathi 2003; Wright community fails to articulate its demand
scheduled castes and scheduled tribes came
1997]. Another example comes from the for social and economic rights, secular
within the purview of group preference work of Sanchetna, an NGO based in activists concerned with social justice have
Ahmedabad known for its work on com-
provisions, any debate on similar provi- a responsibility to ensure that these issues
sions for religious minority groups wasmunity health. More recently, Sanchetna enter into public discourse.
foreclosed.8 In the absence of constitu-
has been involved in work on communal This brings us to the important point of
tional guarantees, debates about the rela-
harmony, particularly in the post-Godhra representation, which has been offered as
tive deprivation of Muslims have not found
context. As early as 1992, Sanchetna a powerful critique of civil society. Critics
organised a nationwide consultation at-
much space in the political sphere, which of the concept of civil society argue strongly
continues to be dominated by discussionstended by over 8,000 Muslims. During this that it often falls into the trap of reproduc-
on the cultural rights of the community.consultation, the pressing concerns articu- ing within itself the very power relations
A similar case can be made for civil lated by members of the community were that it seeks to challenge. Chandoke, for
society, where organisations that viewnot those related to the demolition of the instance, highlights the exclusionary ten-
themselves as secular are reluctant to beBabri masjid or the preservation of the dencies within civil society and argues that
seen as working exclusively for any par- Muslim personal law; rather, they were of although developing countries are mostly
ticular religious community. As Imtiazeducation and employment. Voices such rural, it is the urban middle class agenda
Ahmed argues, secularism has been the as these have not gained prominence at the that is articulated through civil society. As
paradigm within which CSOs have de- national level nor have they found space a result, marginalised groups struggle for
fined themselves since independence, and in civil society debates on minority rights. recognition not only from the state but also
within this definition identification with Interestingly, despite this consultation, in the civil society sphere. Further, she
a specific religious community is equated Sanchetna does not have a specific argues that the language, narratives, vo-
with being communitarian and even com- programme on the socio-economic rights cabulary and symbols that civil society
munal. In so doing, civil society organi- of Muslims and like COVA is best known uses constitute an exclusive dominant
sations have fallen into the same trap asfor its work on communal harmony. discourse that prevents the marginalised
the state of not recognising that while Another reason offered for the con- from representing their perspectives in
caste, class and gender are significant inspicuous absence of advocacy and action struggles that are ostensibly in their name
determining the structural constraints facedon the socio-economic rights qf Muslims
[Chandoke 2003]. When viewed from the
by individuals, belonging to a particularis that there has been no concerted and perspective of minority rights, Chandoke's

4710 Economic and Political Weekly October 23, 2004

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critique of civil society finds resonance.
Secularism embodies the idea of India that
evolved through the freedom struggle and
has since dominated the political and civil
society discourse. Arguably, civil society's
preoccupation with this discourse has
meant that attacks on Muslims are seen as
tantamount to attacks on secularism and in
protecting secularism, civil society sees itself
as protecting minority rights. In so doing,
importance of this is best demonstrated in thank Kamal Farooqi of the Milli Council for
his insights on the history of both these
the body of research and action that has organisations.
emerged from the experiences gained from 4 The new attempt at dissuading Muslims from
examining gender discrimination. The adopting the practice of triple talaq is a welcome
one. However, it is too soon to tell whether
paradigm of gender discrimination has
this is a sign of a change in ideology.
contributed greatly to current understand- 5 It is important to emphasise here that while
ings of social inequality, and more impor- these 'secular ' organisations do not concern
themselves specifically with Muslim issues in
tantly, has proved critical in devising
any sustained way, they do come together to
effective poverty alleviation strategies. A intervene in crisis situations, particularly in
similar case can be made to examine the the event of communal violence.

the everyday experiences of Muslims, 6 This position is most widely held by political
impact of discrimination on minority scientists of the western liberal tradition who
particularly their material deprivation, are communities, and design policy interven- see civil society as the locus of political action
neither recognised nor addressed. More- tions that consider their specific needs. by autonomous social movements opposed to
over, organisations such as the AIBMM Civil society, despite its limitations, is an invasive and all encompassing state.
7 Articles 14 and 15 of the Constitution guarantee
that do actively raise these concerns are an important space within which the equality of minorities before the law.
struggling to find the space to be heard. marginalised communities can articulate Articles 25 and 26 guarantee the right to freedom
their needs and demands and negotiate of religion and Articles 29 and 30 guarantee
the conservation of language and education.
Conclusion with the state for their rights. In the current
8 In contemporary India, too, any debate on
context in India, where Muslims have been special provisions for minority communities
Civil society's inability to adequately
marginalised in the political sphere, the immediately becomes a point of contention;
address the problem of material depriva-
role that civil society can play in providing the Hindu right sees it as giving unnecessary
concessions and the secularists argue that
tion of Muslims highlights not only thethe
necessary space for Muslims to articu- religion is not a sufficient basis for
late their needs is particularly relevant.
hegemonic tendencies within civil society, concessionary provisions.
Hence
but also the gaps in civil society's role as it is critical that civil society re- References
an effective watchdog to the state. In
examine its current understandings of
addressing issues of cultural rights and
minority rights. Crucially, in focusing on Bajpai, Rochana (2000): 'Constituent Assembly
working to protect the constitutionalissues
guar-of substantive equality in addition Debates and Minority Rights', Economic and
Political Weekly, May 27.
antees of the communities, civil society
to those of identity, and placing minority Chandoke, Neera (2003): The Conceits of Civil
communities within a web of socio-
has played an indispensable role. However, Society, New Delhi, pp 1-35
it has been unable to effectively push the
economic Elliott,
structures, opportunities and con- Carolyn M (ed) (2003): Civil Society and
Democracy: A Reader, New Delhi, pp 1-37
straints,
state to move beyond the limits it has set on civil society will also succeed in
Harris White, Barbara (2002): 'India's Religious
minority rights. It is crucial thereforemoving
for away from the current emphasis Pluralism and Its Implications for the Economy',
on identity and cultural difference
civil society to interrogate its own position Working Paper No 82, Queen Elizabeth House
Working Paper Series, University of Oxford.
and through this develop a platform for
towards a more nuanced understanding of
Hasan, Zoya (2003): 'Social Inequalities,
concerted advocacy on issues related to minority
the rights. [ Secularism and Minorities' in Mushirul Hasan
socio-economic rights of the community. (ed): Will Secular India Survive?, New Delhi.
It is important to recognise that there
Address for correspondence: Hasan, Zoya and Ritu Menon (2002): 'Women,
Interrupted', The Indian Express, December 19.
have been some efforts in this direction,
aiyar_y @ yahoo.com Justino, Patricia and Julie Litchfield (2003):
particularly after the surprise victory of the Ecoznomic Exclusion and Discrimination: The

Notes
Congress Party and its allies in the May 2004 Experiences of Minorities and Indigenous
Peoples, Minority Rights Group, London.
general elections. This victory has been Mehta, Pratap Bhanu (2004): 'Will Reservation
[We would like to thank Imtiaz Ahmed, Sehba
viewed by many civil society activists as
Hussain, HanifLakdawala, Harsh Mander, Shabnam Benefit the Muslims in India', The Indian
a much needed breathing space that has Mazhar Hussain, Syeda Hameed and
Hashmi, Express, July 15.
created the conditions for a review of Bishnu Mohapatra for the discussions we had with Mohapatra, Bishnu (2002): 'Democratic
them and the insights they provided us with.] Citizenship and Minority Rights: A View from
strategies. Some go so far as to suggest that India' in Catarina Kinnvall and Kristina
this victory has helped dissipate fears1 ofWe recognise the ambiguities that surround Jonsson (eds), Globalisation and
the concept of civil society. For the purposes Democratisation in Asia: The Construction
physical security experience by the com-
of this paper, we define civil society as the Identity, London, p 183.
munity in the last 10-odd years, thereby sphere located between the individual, the Razzack, Azra and Anil Gumber (2002):
creating the spaces to address the issue of
market and the state consisting of formal and 'Differentials in Human Development: A Case
informal associations, movements and forms for Empowerment of Muslims ini India',
reform from within. The AIMPLB July 2004
of organisation. There have been numerous National Council of Applied Economic
declaration to promote the notion of attempts
a at mapping civil society organisations Research, New Delhi, May.
reformed nikahnama and declare the triplein India (Rajesh Tandon, 'Civil Society in Reddy, C Rammanohar (2002): 'Deprivation
India: An Exer ise in Mapping' in Innovations
talaq as a social ill is seen as an important Affects Muslims More', The Hindu, September
in Civil Society, V- 1, July 2001, pp 2-8; Niraja 12 and 13.
indication of the move from within the
Gopal , 'India' in Tadashi Yamamoto (ed), Sikand, Yogindar (2004): 'The Dalit Muslims and
community to initiate a process of social Governance and Civil Society in a Global the All India Backward Muslim Morcha',
reform. It is critical, therefore, that civil society Age, pp 116-53, 2001). Broadly speaking there www.countercurrents.org/dalit-sikander
organisations come together to debate and are two distinct types of civil societyTandon, Rajesh and Ranjita Mohanty (ed) (2003):
organisations - social movements and non- Does Civil Society Matter? Governance in
identify new strategies and approaches that government organisations. This paper will Contemporary India, New Delhi, pp 12-14.
address the issue of socio-economic rights follow this classification. Tripathi, Purnima (2003): 'The Temple Stand-
of Muslims. Perhaps it may be useful for 2 'Shanti Path: Our Road to Restoring Peace', Off', Frontline, Vol 20, Issue 14, July 18.
www.sewa.org, downloaded on 2/4/2004 Wright, Thomas (1997): 'A New Demand for
organisations to examine these issues 3 Milli Gazette, editorial July 1-15, 2002, Muslim Reservation in India', Asian Survey,
through the lens of discrimination. The www.milligazette.com. We would also like to Vol xxxvii.

Economic and Political Weekly October 23, 2004 4711

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