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December 2007
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Sachar Follow-Up

Equal Opportunities Commission in India
Could the UK’s CRE be a Precedent?
By Maqbool Ahmed Siraj



If you are denied a house on rent just because you happen to be a person belonging to a faith other than the landlord’s, you can take the landlord to a court.  This does not happen in India yet, where criminals who carried out pogroms of minorities brag about their crimes. But it could happen if there is a Commission for Equal Opportunities (CEO) as recommended by the Rajinder Sachar Committee on Socio-economic and Religious situation of Muslims in India. 


Equal Opportunities Commission could take some cues from the Commission for Racial Equality (CRE) in the United Kingdom. The CRE was set up in 1976 and has so far tackled about 45,000 cases of racial discrimination. It has been converted into Equality and Human Rights Commission (EHRC) from October 31 this year.


In preparation to the Equal Opportunities Commission, Muslims for Secular Democracy (MSD), Mumbai organized a series of regional workshops in several cities.


Speaking at the workshop held in collaboration with the Al-Ameen Education Society in Bangalore, Ms. Kay Hampton who is the last chairperson of the CRE, said race rather than religion was more important determinant of a person’s identity in the United Kingdom, hence the Commission for Racial Equality.


Ms. Hampton who also doubles up as the professor of race relations at the Glasgow Caledonian University, said 10 per cent of UK’s population consists of minorities, mostly from the former British colonies. Hence the question in the UK is of immigrants and aliens versus the white locals.  She said one-fourth of the doctors in the National Health Service were from India and the medical services would collapse if the Indian decided to leave it.  She said the Race Relations Act 1976 makes discrimination on ‘racial grounds’ unlawful in certain public services and it concludes institutional victimisation too. Racial discrimination includes grounds like colour, race, nationality or ethnic or national origins. However, religion was not included in the categories as faith was not a very potent ground when the law was enacted 30 years ago.


Hampton said racial discrimination is not the same as racial prejudice.  An aggrieved person should only show that he/she received less favourable treatment as a result of what one did with him/her.  Under the Act, no person can be discriminated in recruitment (there are no reservations in the UK), promotions, in workplace (by way of harassment or abuse), in trade unions, in bodies that issue authorizations, qualifications or certifications for various professions (e.g., IMA, AICTE, Institutions of Engineers, Indian Medical Council, Indian Nursing Council, NAAC etc in Indian context) or in places where training is imparted.  Similarly, nobody can be discriminated on any of these grounds in matters of services and facilities in banks, parks, insurance agencies, shops, hotels, theatres, bars, restaurants, transport and travel services by private or public organisations.  No discrimination could be shown in letting, hiring or management of houses or property.


Hampton said the CRE is an independent body and not a Government department. Its chairperson is appointed after advertisement in newspapers, and has two deputies, and a 15 member executive body. Its budget is 30 million sterling pounds.  300 staff members form the human infrastructure.  Though Government funded this effort, it was independent of the Government control. She however said the CRE was barred from taking up issues related with army, security apparatus, foreign relations, confidential information on overseas criminals/terrorists, under 18 various departments. Legal action could be taken against 45,000 listed public organizations. 


In response to questions from members of the audience, Ms. Hampton said Gujarat like incidents, nay carnage and open discrimination (in the light of the Tehelka exposure), were inconceivable in the United Kingdom. If indeed, such things take place, the CRE could haul up the UK Government before the European Human Rights Commission for failing in its duty or a partner in racial crimes.


She said the CRE was also engaged promoting good race relations, improving access to public services for all, conducting language classes, promoting literacy and innumeracy among immigrants, monitors media coverage and advertisements, advice on legal changes, and publishes regular policy papers.  She said multiculturalism was an established policy of the UK Government.  The UK population had grown multi-hued and multilingual during the last six decades with 126 languages being spoken in London where 25 different cultures have been documented. She however, agreed that complexity of racial problems in UK and India was of different nature and the Equal Opportunities Commission in India should consider the local ingredients and factors.


Mr. Javed Anand, journalist and convenor of the Muslims for Secular Democracy said the workshops were being organized in Lucknow, Delhi, Hyderabad, Mumbai and Kolkata in order to pave ground for Equal Opportunities Commission in India.  Mr. R. Roshan Baig, convener of the workshop said a working group will be formed on the basis of deliberations in the workshops. Dr. Mumtaz Ahmed Khan, founder of the Al-Ameen Education Society said the Muslim community should have forward looking vision and concentrate on modern education. He said efforts in this direction had changed the scene in Karnataka and generally in South India considerably.  


More information can be had from: www.equalityhuman rights.com