Jawahar
Lal Nehru in his Book titled as minorities. Racially India is a patchwork
and a curious mixture, but no racial questions have arisen or can arise in
India. Religion transcends these racial differences, which fade into one
another and are often hard to distinguish. Religious barriers are obviously
not 'Glimpses of World History' (Published by Oxford University Press) has
given detailed this in Chapter 66. Relevant passage finds place at page
214 of the Book, the same is being quoted below:-
".....Meanwhile, the people of the country, the Hindus, were being slowly
converted to Islam. The process was not rapid. Some changed their
religion because Islam appealed to them, some did so because of fear,
some because it is natural to want to be on the winning side. But the
principal reason for the change was economic. People who were not Muslims
had to pay a special tax, a poll tax-jezia, as it was called. This was a
great burden on the poor. Many would change their religion just to escape
it. Among the higher classes desire to gain Court favour and high office
was a powerful motive....."
How the assessment of amount of jezia tax was payable by Hindu population is
clear from the Book titled as 'The Administration of the Moghul Empire' written
by a Historian Ishtiaq Husain Qureshi. The relevant passage is being
quoted below:-
"...The assesses were divided into three categories in accordance with
their wealth. Those in possession of ten thousand dirhems or more were
considered to be wealthy; those who had less than ten thousand but more than
two hundred dirhems were classified as belonging to the middle class,
those who had less than two hundred dirhems but enough, in addition to the cost
of maintaining themselves and their dependents, to pay the tax were considered
to be poor. The first category was required to pay forty-eight dirhems
per annum; the second twenty-four; and the third twelve. These seem to
have been the rates for the urban areas; in the countryside the government
levied a flat charge of four per cent of the state demand upon agricultural
produce. If the agents of government failed to collect the jiziyah from
any one for an entire year, he could not be charged the sum later. A
dirhem was roughly 550 English grains of silver..."
The history further makes it clear that population of any community played a
vital role for affecting India's polity as well as Geography. Afghanistan
was part of Greater India as Gandhar. It was also part of Greater India
up to 1739 A.D. and Buddhism was a dominant religion in Afghanistan.
Conversion of Buddhists into Islam in Afghanistan started process of
separation which completed in 1739 AD when Nadirshah separated Afghanistan from
India and merged in his empire. After death of Nadirshah Afghanistan
became an independent Muslim State. Due to Islamic Rule for more than one
thousand years in Sindh, Punjab, North Western Frontier Provinces and Bengal
Hindu majority were converted into Muslim. In the year 1945, the
percentage of Muslim population was 54 per cent and Hindus were 45 per cent and
others were 1 per cent in Bengal only. Due to certain privileges to
Muslims in India Greater India was partitioned in 1947 on the basis of two
nations theory that the Muslims and Hindus constitute two nations.
Present problem in Kashmir valley is also problem of Majority Muslim
population whereas there is no such problem in Jammu and Laddakh where Hindus
and Buddhists are in majority. History also makes it clear that due to
special privileges to Muslims for more than one thousand years during Muslim
Rule, though they were in microscopic minority and special separate rights to
Muslims were given by Britishers also after 1906 upto Inidia was actually
partitioned on the basis of Muslim population in undivided India. It is
clear that population coupled with special rights awarded to Muslims,
detailed above, played a greater role in changing history and geography of this
country.
As has already been discussed above which is a historical fact that majority of
Muslims were converted Hindus and has origin of Hindus ancestors who adopted
Muslim religion for various reasons during the period of more than one thousand
years of Islamic Rule in the country and the majority of conversion took place
due to economic reason of poor who could not pay Jezia Tax compulsorily made
payable by Hindu population. Historic Book 'Glimpses of World
History' written by Pt. Jawahar Lal Nehru makes it clear that conversion from
Hindu community to Muslim religion during muslim Rule took place mostly
due to poverty and due to non-payment of Jezia Tax. It is only after the end of
the Muslim rule, Hindus and Muslims jointly fought against Britishers in 1857
AD-the first war of independence against foreigners to re-establish India's own
rule. This common-ness and nationhood lasted not for more than 50 years,
when Muslim League was established in 1906 which started claiming separate
rights on the ground of religion which was conceded by Congress as well as
British Parliament which ultimately resulted in division of the country on the
basis of religion and changed Geography of India.
The above careful study of the history makes it clear that minority rights were
given for protecting their right and not to claim any privilege or
special rights in comparison to Hindus, but to remove sense of
insecurity and lack of confidence in minority, who opposed partition of India,
but this minority right was misinterpreted by certain quarters and
inspite of the fact that at present the population of Muslim Religious group is
more than 18.5 per cent, they are still claiming themselves as religious
minority community, though neither there is any insecurity nor there is any
lack of confidence in Muslims whereas Muslim Religious group has now become
single largest religious dominant group on the basis of population &
strength affecting all walks of life including democratic process. It is
further clear that in some States of India Muslim population is about 25 per
cent and at least more than 13.8% on all India basis. In this backdrop,
now Muslims have become a dominant group in all respects and have ceased to be
a Religious minority community. As the matter before the Court is relating to
Uttar Pradesh, hence the Court is expressing opinion only with regard to Muslim
Religious community in Uttar Pradesh. This Court has taken note of
historical background, judgments of Apex Court and debates of Constituent
Assembly and is of the view that any further recognition of Muslims as a
religious minority community will necessarily give rise to multinationalism in
India and as such the State of Uttar Pradesh as well as Central Government may
consider and pass appropriate orders to delete entry of Muslims as a religious
minority community in India.
The above discussions made it clear that ancestors of present Hindu society
fought and saved their religion, civilization and culture even by paying Jezia
Tax for continuing as Hindu in Islamic Rule in different parts of India and
present Indian generation should be grateful for saving their religion, culture
and civilisation even under such odd situation.
It is further clear from the History that it was Akbar who did not impose any
Jezia tax, but the same was re-imposed lateron by Aurangjeb.
During the period of Muslim Rule for about one thousand year, no member of
Muslim community claimed any minority rights. The Britishers thereafter
tookover the administration of India. First war of Independence in 1857
was fought by both Hindus and Muslims jointly. After 1857,
first war of independence, certain social, political and religious awakening
took place in the Indian society. A number of social reformers and
religious leaders emerged who worked in the Indian Society some of them
were Swami Dayanand Sarswati who established Arya Samaj, Sri Raja
Ram Mohan Rai, Swami Vivekanand and various other awakening and political
changes also took place in the Indian society towards their rights in this era.
From the Book 'Discovery of India' by Pt. Jawahar Lal Nehru following
facts are borne out that how concept of minority was developed in pre
independence era:-
Indian National Congress was also established in 1885 and thereafter in 1906,
Indian Muslim League was established by some Muslim leaders. Under the
banner of Indian National Congress, Hindus and Muslims both participated in the
national movement of Independence under the leadership of national
leaders belonging to both the communities and ultimately under the leadership
of Mahatma Gandhi movement for independence gained momentum. But, Muslim
League started claiming separate electorate/franchise for Muslims even
prior to 1935.
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