Muslims convicts in India is 19.1%, while the number of undertrials is 22.5%

Counter View: A Few Myths, Fewer Facts about Muslims

When Zakir Hussain was sentenced to death by hanging for his part in planting the bombs during the “Bombay Blasts” of 1993, he shouted, “If a Hindu does something, a commission is set up. But if a Muslim does something, he is hanged.” This was in reference to the destruction of the Babri Masjid and the riots that had followed in December 1992 and January 1993.

The Srikrishna Commission, constituted to determine the causes of the riots in which approximately 900 people, predominantly Muslim, were killed, had stated that, “One common link between the riots of December 1992 and January 1993 and bomb blasts of 12th March 1993 appear to be that the former appear to have been a causative factor for the latter. There does appear to be a cause and effect relationship between the two riots and the serial bomb blasts.”

The recommendations of the Commission have never been brought into force. This has led to a number of people speculating whether justice is done to Muslims in India, whether they are being punished disproportionately, that, “Soon India’s jails will be choc-a-block with Muslims.”

Indian Muslims in Jail

In such cases it is possibly best to check the facts. The prison statistics from the National Crimes Record Bureau indicate that the percentage of Muslims convicts in India is 19.1%, while the number of undertrials is 22.5%.

This is higher than the percentage of Muslims living in India, at 13.4% or thereabouts. It would be tempting to shout, “Aha! Proof of bias!” but a rigorous analysis would lead to a more nuanced view because of the geographic distribution of both prison population and Muslims. Over half of Indian Muslims live in the four states of Uttar Pradesh, Bihar, West Bengal and Assam, which account for 21% of convicted prisoners and 42% of undertrials in Indian jails. In effect Indian Muslims live in geographic areas where more people are sent to jail, either as convicts or as undertrials.

A far more fascinating result is that the percentage of Muslims who are undertrials is slightly less than that of those convicted. In other words proportionately more Muslims are adjudged “innocent” than Hindus (whose undertrial to convict ratio is: 69.6% to 70.7% and even Christians (whose undertrial to convict ratio is 3.8% to 4.2%).

Indian Muslims and Crime

The question of bias could also be turned on its head, and it could be said that high proportionately of Muslims means more crime. The data does not support such a conclusion.

The two states where such high population of people are in jail, Uttar Pradesh and Bihar, have a Muslim population of 18.5% and 16.5% respectively and contribute 6.7% and 5.4% of All-India crimes . West Bengal and Assam, in which the percentage of Muslims is at 25.2% and 30.9%, contribute only 3.6% and 2.3% of all-India crimes.

Madhya Pradesh, Maharashtra, Andhra Pradesh and Tamil Nadu all produce more than 8.5% of India’s crimes individually, making them the most crime-prone states in the country. In all of these high crime states Indian Muslims make up, at the most, 10.6% of the population, less than the Indian average.

The one state where Muslims constitute a majority of the population, at 67% in Jammu & Kashmir, which has been wracked by militancy and violence, contributes to only 1.1% of Indian crime, about the same as its population compared to all-India figures.

Indian Muslims as Citizens or as Muslims

Despite these statistics it would be idle to say that Indian Muslims do not, from time to time, face problems, as do most people that constitute a marginalised group in society. The recent Sachar Committee report by the Government of India cites very low levels of socio-economic indicators for Indian Muslims.

As a child I lived in the Oil & Natural Commission compound in Ahmedabad, Gujarat. It is a city that has faced many riots and we were the only Muslims in the compound. During times of tension when my father was working offshore on the oilrig, our manservant, Jumraati would assure my mother, “They’ll have to get through me first, behni”.

A decade or so later, my great-uncle, Major-General Afsir Karim, was asked to deploy troops in the same city to help the civilian administration keep the peace. In 2000, when he was with the National Security Advisory Board, he was questioned by a woman during a televised talk show about minorities. He interrupted her to say, “Ma’am, I am a citizen of India, and so are you. What minorities are you talking about?”

His response to state failure is strikingly different to that of the recently convicted Zakir Hussain. Whereas one tried to make sure that such failure did not recur, the other became a pawn used to kill innocents in a supposed act of “vengeance”. For me, between the words of a man of somebody who has put his life on the line many times in the defence of innocent civilians and those of somebody convicted of murdering them, there can only be one choice.

(Omair Ahmad works on issues of Security, Law & Strategic Affairs for PRS Legislative Research, an autonomous institute that provides research support for Indian Parliamentarians. He has previously worked for the British High Commission, New Delhi, and the Voice of America, Washington DC. His novel, “Encounters” on the radicalisation of two young men during the curfew days of the 90s was published in 2007.)

Omair Ahmad / IBNLive Specials; Thursday, August 16, 2007 www.ibnlive.com

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Absent teachers resulting in 22.5 % education funds India

A classroom struggle

Schools be damned. That seems to be the only message that keeps getting hammered with every disheartening report on the status of schooling in India. If last week it was the severe step of having to file FIRs against teachers in the face of a staggering number of cases of abuse of children, a Unesco report has found that 25 per cent of teachers do not bother with attending school. Absent teachers result in a whopping 22.5 per cent of education funds being wasted. Add to this a previous report compiled by the Ministry of Human Resource Department that shows 23,000 schools across India have no teacher, and the picture is frightening. The cataclysmic deterioration in government education services, coupled with corruption and a bureaucratic set-up that dissuades many private players from starting schools has at its crux one issue: the lowering standards of teachers in India.

The bar is so low today that the National Commission for Protection of Child Rights’ (NCPCR) proposal to expand the definition of corporal punishment to cover any form of adverse treatment meted out to schoolchildren is actually welcome. The Delhi High Court banned corporal punishment six years ago. According to the panel, school officials may be jailed for scolding students or calling them ‘stupid’ or ‘mindless’. The commission has also asked parents to fearlessly file FIRs against teachers and officials if their wards are rapped on the knuckles, made to run on the school ground or kneel for hours, beaten with a ruler, pinched and slapped. The restrictions may seem severe, but we can get some perspective once we consider that sexual abuse of minors is one of the most reported crimes today. States have been cavalier in enforcing the ban on corporal punishments, despite the fact that the National Policy on Education’s recommendation of banning physical punishment more than two decades ago.

India’s teacher problem is multi-dimensional. From recruitment to training, from remuneration to accountability, the teaching community has failed schools on most counts. Until teacher reform is addressed in a far more aggressive and scientific manner, there is little hope that the much-flaunted demographic dividend can ever be utilised for a knowledge economy.

August 13, 2007, Hindustan Times

316 million Indian workers get below $ 0.49 (Rs. 20) a day

  • 394.9 million workers (86 per cent of the working population) belong to the unorganized sector
  • 316 million workers live on less than Rs. 20, or $ 0.49, a day.
  • 88 per cent of the Scheduled Tribes and the Scheduled Castes, 80 per cent of the Other Backward Classes and 85 per cent of Muslims belong to this category of people living on less than Rs. 20 a day.
  • 90 per cent of agricultural labor households are landless or have less than one hectare of holding*
  • agriculture is getting feminized with 73 per cent women being associated with it compared to 52 per cent men.

NEW DELHI: An overwhelming 79 per cent of workers in the unorganised sector live with an income of less than Rs. 20 a day, according to the National Commission for Enterprises in the Unorganised Sector (NCEUS).

A report on “Conditions of Work and Promotion of Livelihoods in Unorganised Sector,” released by the Commission here on Thursday, says over 394.9 million workers (86 per cent of the working population) belong to the unorganised sector and work under “utterly deplorable” conditions with “extremely few livelihood options.”
“Poor, vulnerable”

The report says that 88 per cent of the Scheduled Tribes and the Scheduled Castes, 80 per cent of the Other Backward Classes and 85 per cent of Muslims belong to the category of “poor and vulnerable,” who earn less than Rs. 20 a day.

In 2004-05, a total of 836 million (77 per cent) had an income below Rs. 20 a day.

Landless

Households of the small and marginal farmers account for 84 per cent and are forced to spend more than they earn and are under debt, while 90 per cent of agricultural labour households are landless or have less than one hectare of holding.

The conditions in the non-agricultural sectors are no better with 21 to 46 per cent of men and 57 to 83 per cent of women being employed as casual workers, who get less than minimum wages.

As per the survey, the latest trends indicate that agriculture is getting feminised with 73 per cent women being associated with it compared to 52 per cent men.

The NCEUS attributes the plight of the unorganised workers to a lack of comprehensive and appropriate legislation and the absence of targeted programmes.

Inadequate

Where laws exist, the Commission finds their implementation inadequate. Also, they are seldom focussed on unorganised workers.

Releasing the report, NCEUS Chairman Arjun Sengupta said the panel had recommended a Rs. 45,000-crore action plan for the overall improvement of the unorganised sector.

Aug 10, 2007, Hindu

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