A/HRC/10/8/Add.3
page 10
groups of Muslims carrying out acts of terrorism. A number of people interviewed by the Special
Rapporteur were deeply concerned that effective measures were not being taken by the central
Government against such militant groups whom they accused of maintaining links with foreign
elements. Others were concerned that militancy itself as well as the counter-terrorism measures
adopted by the Government would undermine the enjoyment of human rights.
23. With regard to the social, economic and educational status of the Muslim community of
India, a recent report10 analysed issues relating to demography, education, health, employment,
credit, infrastructure and public programmes. The report for example highlights problems with
regard to access to good quality schools in Muslim localities and “communal” content of school
textbooks. Furthermore, the share of Muslims in employment in various government departments
is abysmally low at all levels. A relatively high number of Muslim workers are engaged in
self-employment activity, particularly in urban areas. Some banks have reportedly designated a
number of Muslim concentration areas as zones where bank credit and other facilities are not
easily provided. The health of Muslims, especially women, is directly linked to poverty and the
absence of basic services like clean drinking water and sanitation. The Special Rapporteur would
also like to refer to her latest report to the Human Rights Council (A/HRC/10/8, paras. 29-62) in
which she analyses the international legal framework and provides some examples of
discrimination based on religion or belief and its impact on the enjoyment of economic, social
and cultural rights.
(c)
Sikhs, Jains and Buddhists
24. Several Sikhs, Jains and Buddhists expressed concerns that they were not treated as distinct
religious communities but rather as belonging to Hindu religion. Article 25 of the Constitution
contains an explanation that “reference to Hindus shall be construed as including a reference to
persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious
institutions shall be construed accordingly”. Jurisprudence confirms that since the Constitution
was framed, Sikhs and Jains have been treated as part of the wider Hindu community with its
different sects, sub-sects, faiths, modes of worship and religious philosophies. In various
codified customary laws,11 the definition of ‘Hindu’ includes Buddhists, Jains and Sikhs.
25. The Supreme Court also stated12 that “‘Hinduism’ can be called a general religion and
common faith of India whereas ‘Jainism’ is a special religion formed on the basis of
quintessence of Hindu religion.” When dealing with the claim of Jains to be considered a
10
Prime Minister’s High Level Committee (Chairperson: Justice Rajindar Sachar),
Social, Economic and Educational Status of the Muslim Community of India - A Report,
November 2006 (available online at http://minorityaffairs.gov.in/newsite/sachar/
sachar_comm.pdf).
11
See for example the Hindu Marriage Act 1955; the Hindu Succession Act 1956; the Hindu
Adoption and Maintenance Act 1956; and the Hindu Minority and Guardianship Act 1956.
12
Supreme Court of India, Bal Patil and Another v. Union of India and Others, judgement
of 8 August 2005.