Above
observations of Jawahar Lal Nehru the Imposter Hindu in realty grand son of
Gyassuddin Gazi, Kotwal, Who humiliated Emperor Bahadur shah Jafar After 1857
uprising against British India Company that the question of minority was raised
by Muslim leaders in order to gain their political powers would be clear from
Chapter II of the Book 'The Administration of the Moghul Empire' written
by a Historian Ishtiaq Husain Qureshi published in 1973 and reprinted in 1973.
The relevant part of Chapter II, pages 22 and 23 are being reproduced
below:-
"ISLAM takes a comprehensive view of life and does not separate politics from religion....."
"By the time of the Prophet's death, the Muslim state was already strong and well consolidated. IN its essence it was the organized Muslim community functioning as a religious entity to preserve and propagate its beliefs and to provide the facilities to practise them, confronted with socia, economic and political needs to sustain its life as an independent society, hence organized into a state without which its prime object of maintaining its Islamic character could jeopardized. This need could be felt by any religious group, but in Islam religion was not merely a matter of prayer and belief but it also embraced the external behaviour of man to a degree that such a conception of the Islamic community was inevitable. The Muslim thinkers have mostly upheld this conception of the Islamic State. Their legal thinking also has been affected by this belief; indeed this conception is so deeply immersed in the Islamic doctrine that it would be difficult to separate it from religious thought....."
Founding Fathers of Constitution never expected any such privileged and expected to make India a secular State, but given some protection to some of the religious communities having population about 1-1/2% of total population as religious minority community. The History of Minority narrated above also confirms the same.
Upto 1941, Muslim community never claimed any minority rights. The Hindu and Muslim population ratio available on record makes it clear that Muslim population never gone beyond 12.58% prior to 1941.
Following are the details showing percentage of Hindu and Muslim population according to Census of 1921, 1931 and 1941:-
Census of 1921
Hindu - 84.40%
Muslims -9.57%
Census of 1931
Hindu - 84.34%
Muslims -9.86%
Census of 1941
Hindu - 75.89%
Muslims -12.58%
In 1940, Muslim League started claiming separate nation for Muslims on the ground that Muslims constitute a separate nation and Hindus and Muslim could not live together. Muslim leaders at that time were of the view that after independence perhaps Muslims would be ruled by Hindus, though Muslims were rulers prior to British Rule and majority Hindu population was being ruled by Muslim rulers and after independence there would be dominance of Hindus in administration. Muslims were so dominant in 1941 that on the strength of their population which was 12.58% only compelled the people of India to get a separate country for themselves and Islamic State of Pakistan came into existence.
Census of 1951 makes it clear that inspite of the division of India on the ground that Muslims and Hindus form two separate nations with support of Muslim population residing in every State of India supporting the demand of partition of the country, Pakistan was formed and India was divided, it was expected that except very few nationalist Muslims, who opposed partition of India would remain in India. For protection of those nationalist Muslims minority status was granted to them apart from other minority communities, but the majority of Muslim population did not go to Pakistan and remained in India, i.e., 9.09%, according to 1951 Census report, did continue to remain in India. Population of Muslims played an active role in dividing the country in two nations which shows that at any point of time strength & population of Muslim religious community played a vital role in deciding the fate of the India and that is why Sri Pocker Mohammed, a member of Constituent Assembly while delivering his speech rightly said that the Muslims are a strongly knitted community and also that if special rights are not given to them they will become desperate. Muslim religious group at present has become a major dominant force in democratic India on the basis of their population, voting rights and strength in getting elected their representative and own Government on the basis of their voting power.
Out of 5,37,61,925 of rest of population in 1951 Census the Muslims population was 90,58,992 in U.P. which constituted about 1/6th of total population. Census of 2001, makes it clear that out of total population of U.P. 16,61,57,921, 13,39,79,263, was Hindu population and the Muslims population was 3,07,40,158 which is about 1/4th. It is worthy to notice here that population of Muslims throughout India in 1951 was 3,54,10,123 which is almost equivalent to All India population of Muslims of 1951 at present only in Uttar Pradesh.
A perusal of the chart of the Census available on record also makes it clear that in a number of provinces the population of Muslims is more than 25%. In case Muslim community was in a dominant position at the time of partition only on the basis of 12.58% population and only 3% of Muslim population transferred to Pakistan after partition as is clear from the census of the 1951, though most of the population belonging to Muslim Religious Community throughout India supported partition and achieved their goal as is clear from the Constituent Assembly Debates. Such Religious group has now become a majority group again on the basis of their increased strength & population and if proper Training & Education of patriotism and secularism is not given and are left with any religious elements, it may give rise to multi-nationalism in India. This caution was made by the Apex Court in Bal Patil's case (supra) and as such this Court of the firm view that if in 1941, 12.58% population of Muslims was so powerful that they succeeded in dividing the country how the present population of 18.5% of muslims in the State of Uttar Pradesh could be treated as a religious minority community and a non-dominant group.
Following Chart of the Muslim population in some of the Districts of State of Uttar Pradesh shows the strength of Muslim community which appears to be only dominant religious community which could affect the democratic set up of the country:-
Census -2001, U.P.
Districts Hindu s Muslims
Saharanpur 17,23,226 11,32,919
Muzaffarnagar 21,51,009 13,49,629
Bijnor 17,66,391 13,06,329
Moradabad 20,52,014 17,35,381
Rampur 9,05,062 9,45,277
Jyotiba Phule Nagar 8,97,785 5,90,308
Meerut 19,64,504 9,75,715
Baghpat 8,54,718 2,87,871
Ghaziabad 24,61,008 7,82,915
Gautam Buddha Nagar 10,28,937 1,56,415
Bulandshahr 22,85,976 6,13,660
Aligarh 24,38,496 5,31,956
Budaun 24,02,152 6,54,797
Bareilly 23,45,325 12,26,386
Pilibhit 11,73,317 3,90,337
Shahjahanpur 20,28,913 4,55,049
Kheri 24,82,852 6,12,638
Lucknow 28,52,721 7,48,687
Farrukhabad 13,26,118 2,32,599
Kannuj 11,64,479 2,19,104
Kanpur Nagar 34,48,024 6,53,881
Kaushambi 11,16,223 1,74,698
Allahabad 82,84,834 6,27,735
Barabanki 20,72,421 5,89,197
Sultanpur 26,76,468 5,24,642
Bahraich 15,37,177 8,29,361
Shrawasti 8,72,653 3,01,117
Balrampur 10,58,676 6,17,675
Siddharthnagar 14,28,543 6,00,336
Basti 17,62,973 3,06,540
Sant Kabir Nagar 10,73,646 3,41,154
Maharajganj 17,93,304 3,57,822
Kushinagar 23,94,602 4,87,674
Deoria 23,98,395 3,08,731
Azamgarh 33,32,711 5,93,907
Mau 14,94,344 3,53,003
Jaunpur 34,84,557 3,99,186
Ghazipur 27,22,780 3,00,327
Varanasi 26,27,565 4,97,516
Sant Ravidas Nagar 11,87,835 1,61,962
Bhadohi
Considering the historical background discussed above and the proceedings of Constituent Assembly, it is clear that population and strength was the only norm basis of recognising any community as religious minority community in India. If India could be partitioned in two nations on the basis of 12.58% population of Muslims at the time of partition, the present population of 18.5% of Muslims in State of Uttar Pradesh are more dominant group in comparison to any other religious community according to strength & population and cannot be treated as religious minority community.
As stated above at the cost of repetition that Muslims in India were always in microscopic minority even during Muslim Rule for more than a century and British Rule, but they never claimed any minority right at any point of time. As in the present case, controversy relates to only religious minority, as petitioners and Opp. Party nos. 4 to 6 claimed themselves as Muslim minority and protection under Articles 29 and 30 of the Constitution of India, this Court is expressing opinion about religious minority and not about linguistic minority. It is also made clear that question of backwardness of any community has no nexus and if any group claims backwardness, it has nothing to do with the minority rights under Articles 29 and 30 of the Constitution of India and all the citizens of India may be considered for the purposes of backwardness in accordance with the Constitution of India. It is also made clear that as Muslim Religious community has throughout been remained as a privileged class for centuries, how they became backward and if Muslim religious community claims any special/minority right being backward, who is to be blamed is not a controversy involved in the present case and as such this Court is not expressing any opinion.
Sri Pocker Mohammed, a member of Constituent Assembly participating in the proceeding of Constituent Assembly rightly said that the Muslims are a strongly knitted community, therefore, if special rights are not given to them they will become desperate. Data given above makes it clear that Muslim religious group is now a dominant political force in democratic India on the basis of their population, voting rights in election and strength in getting elected their representative and in electing their own Government of their dominating choice on the basis of their population.
"ISLAM takes a comprehensive view of life and does not separate politics from religion....."
"By the time of the Prophet's death, the Muslim state was already strong and well consolidated. IN its essence it was the organized Muslim community functioning as a religious entity to preserve and propagate its beliefs and to provide the facilities to practise them, confronted with socia, economic and political needs to sustain its life as an independent society, hence organized into a state without which its prime object of maintaining its Islamic character could jeopardized. This need could be felt by any religious group, but in Islam religion was not merely a matter of prayer and belief but it also embraced the external behaviour of man to a degree that such a conception of the Islamic community was inevitable. The Muslim thinkers have mostly upheld this conception of the Islamic State. Their legal thinking also has been affected by this belief; indeed this conception is so deeply immersed in the Islamic doctrine that it would be difficult to separate it from religious thought....."
Founding Fathers of Constitution never expected any such privileged and expected to make India a secular State, but given some protection to some of the religious communities having population about 1-1/2% of total population as religious minority community. The History of Minority narrated above also confirms the same.
Upto 1941, Muslim community never claimed any minority rights. The Hindu and Muslim population ratio available on record makes it clear that Muslim population never gone beyond 12.58% prior to 1941.
Following are the details showing percentage of Hindu and Muslim population according to Census of 1921, 1931 and 1941:-
Census of 1921
Hindu - 84.40%
Muslims -9.57%
Census of 1931
Hindu - 84.34%
Muslims -9.86%
Census of 1941
Hindu - 75.89%
Muslims -12.58%
In 1940, Muslim League started claiming separate nation for Muslims on the ground that Muslims constitute a separate nation and Hindus and Muslim could not live together. Muslim leaders at that time were of the view that after independence perhaps Muslims would be ruled by Hindus, though Muslims were rulers prior to British Rule and majority Hindu population was being ruled by Muslim rulers and after independence there would be dominance of Hindus in administration. Muslims were so dominant in 1941 that on the strength of their population which was 12.58% only compelled the people of India to get a separate country for themselves and Islamic State of Pakistan came into existence.
Census of 1951 makes it clear that inspite of the division of India on the ground that Muslims and Hindus form two separate nations with support of Muslim population residing in every State of India supporting the demand of partition of the country, Pakistan was formed and India was divided, it was expected that except very few nationalist Muslims, who opposed partition of India would remain in India. For protection of those nationalist Muslims minority status was granted to them apart from other minority communities, but the majority of Muslim population did not go to Pakistan and remained in India, i.e., 9.09%, according to 1951 Census report, did continue to remain in India. Population of Muslims played an active role in dividing the country in two nations which shows that at any point of time strength & population of Muslim religious community played a vital role in deciding the fate of the India and that is why Sri Pocker Mohammed, a member of Constituent Assembly while delivering his speech rightly said that the Muslims are a strongly knitted community and also that if special rights are not given to them they will become desperate. Muslim religious group at present has become a major dominant force in democratic India on the basis of their population, voting rights and strength in getting elected their representative and own Government on the basis of their voting power.
Out of 5,37,61,925 of rest of population in 1951 Census the Muslims population was 90,58,992 in U.P. which constituted about 1/6th of total population. Census of 2001, makes it clear that out of total population of U.P. 16,61,57,921, 13,39,79,263, was Hindu population and the Muslims population was 3,07,40,158 which is about 1/4th. It is worthy to notice here that population of Muslims throughout India in 1951 was 3,54,10,123 which is almost equivalent to All India population of Muslims of 1951 at present only in Uttar Pradesh.
A perusal of the chart of the Census available on record also makes it clear that in a number of provinces the population of Muslims is more than 25%. In case Muslim community was in a dominant position at the time of partition only on the basis of 12.58% population and only 3% of Muslim population transferred to Pakistan after partition as is clear from the census of the 1951, though most of the population belonging to Muslim Religious Community throughout India supported partition and achieved their goal as is clear from the Constituent Assembly Debates. Such Religious group has now become a majority group again on the basis of their increased strength & population and if proper Training & Education of patriotism and secularism is not given and are left with any religious elements, it may give rise to multi-nationalism in India. This caution was made by the Apex Court in Bal Patil's case (supra) and as such this Court of the firm view that if in 1941, 12.58% population of Muslims was so powerful that they succeeded in dividing the country how the present population of 18.5% of muslims in the State of Uttar Pradesh could be treated as a religious minority community and a non-dominant group.
Following Chart of the Muslim population in some of the Districts of State of Uttar Pradesh shows the strength of Muslim community which appears to be only dominant religious community which could affect the democratic set up of the country:-
Census -2001, U.P.
Districts Hindu s Muslims
Saharanpur 17,23,226 11,32,919
Muzaffarnagar 21,51,009 13,49,629
Bijnor 17,66,391 13,06,329
Moradabad 20,52,014 17,35,381
Rampur 9,05,062 9,45,277
Jyotiba Phule Nagar 8,97,785 5,90,308
Meerut 19,64,504 9,75,715
Baghpat 8,54,718 2,87,871
Ghaziabad 24,61,008 7,82,915
Gautam Buddha Nagar 10,28,937 1,56,415
Bulandshahr 22,85,976 6,13,660
Aligarh 24,38,496 5,31,956
Budaun 24,02,152 6,54,797
Bareilly 23,45,325 12,26,386
Pilibhit 11,73,317 3,90,337
Shahjahanpur 20,28,913 4,55,049
Kheri 24,82,852 6,12,638
Lucknow 28,52,721 7,48,687
Farrukhabad 13,26,118 2,32,599
Kannuj 11,64,479 2,19,104
Kanpur Nagar 34,48,024 6,53,881
Kaushambi 11,16,223 1,74,698
Allahabad 82,84,834 6,27,735
Barabanki 20,72,421 5,89,197
Sultanpur 26,76,468 5,24,642
Bahraich 15,37,177 8,29,361
Shrawasti 8,72,653 3,01,117
Balrampur 10,58,676 6,17,675
Siddharthnagar 14,28,543 6,00,336
Basti 17,62,973 3,06,540
Sant Kabir Nagar 10,73,646 3,41,154
Maharajganj 17,93,304 3,57,822
Kushinagar 23,94,602 4,87,674
Deoria 23,98,395 3,08,731
Azamgarh 33,32,711 5,93,907
Mau 14,94,344 3,53,003
Jaunpur 34,84,557 3,99,186
Ghazipur 27,22,780 3,00,327
Varanasi 26,27,565 4,97,516
Sant Ravidas Nagar 11,87,835 1,61,962
Bhadohi
Considering the historical background discussed above and the proceedings of Constituent Assembly, it is clear that population and strength was the only norm basis of recognising any community as religious minority community in India. If India could be partitioned in two nations on the basis of 12.58% population of Muslims at the time of partition, the present population of 18.5% of Muslims in State of Uttar Pradesh are more dominant group in comparison to any other religious community according to strength & population and cannot be treated as religious minority community.
As stated above at the cost of repetition that Muslims in India were always in microscopic minority even during Muslim Rule for more than a century and British Rule, but they never claimed any minority right at any point of time. As in the present case, controversy relates to only religious minority, as petitioners and Opp. Party nos. 4 to 6 claimed themselves as Muslim minority and protection under Articles 29 and 30 of the Constitution of India, this Court is expressing opinion about religious minority and not about linguistic minority. It is also made clear that question of backwardness of any community has no nexus and if any group claims backwardness, it has nothing to do with the minority rights under Articles 29 and 30 of the Constitution of India and all the citizens of India may be considered for the purposes of backwardness in accordance with the Constitution of India. It is also made clear that as Muslim Religious community has throughout been remained as a privileged class for centuries, how they became backward and if Muslim religious community claims any special/minority right being backward, who is to be blamed is not a controversy involved in the present case and as such this Court is not expressing any opinion.
Sri Pocker Mohammed, a member of Constituent Assembly participating in the proceeding of Constituent Assembly rightly said that the Muslims are a strongly knitted community, therefore, if special rights are not given to them they will become desperate. Data given above makes it clear that Muslim religious group is now a dominant political force in democratic India on the basis of their population, voting rights in election and strength in getting elected their representative and in electing their own Government of their dominating choice on the basis of their population.
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