Recently, the Pasmanda community, composed predominantly of Muslims from backward and Dalit castes, has become the focal point of various political parties. The parties aim to include them in the growth discourse and make efforts to eradicate intra-caste discrimination prevalent in the community. The term ‘Pasmanda’, of Persian origin, translates to “those who have fallen behind” and micmics the condition of this community that is socially, educationally, and economically underprivileged.
Pasmanda Muslims: An Overview
The term ‘Pasmanda’ was first used in 1998 by the Pasmanda Muslim Mahaz, a group operating primarily in Bihar, to draw a distinction between themselves and the dominant ashraf Muslims or the forward castes. This term has been widely utilized by Muslim associations in Uttar Pradesh, Bihar, and other parts of India to define their identity as historically and socially oppressed Muslim communities due to caste dynamics. Pasmandas make up the majority of the Muslim community in the country, including groups like Kunjre (Raeen), Julahe (Ansari), Dhunia (Mansuri), Kasai (Qureishi), Fakir (Alvi), Hajjam (Salmani), Mehtar (Halalkhor), Gwala (Ghosi), Dhobi (Hawari), Lohar-Badhai (Saifi), Manihar (Siddiqui), Darzi (Idrisi), Vangujjar, and more.
Constitutional Provisions Available for Minorities
The Indian Constitution provides specific rights to minorities to ensure their equal treatment. Article 29 extends protection to any section of citizens with distinct language, script, or culture residing in India and allows them to conserve their unique elements. Moreover, it also safeguards religious minorities and linguistic minorities. Article 30 grants all minorities the right to establish and administer educational institutions of their choice. This protection is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).
The 7th Constitutional (Amendment) Act of 1956 introduced Article 350-B, which provides for a Special Officer for Linguistic Minorities appointed by the President of India. The Special Officer is responsible for investigating matters related to the safeguards provided for linguistic minorities in the Constitution.
Legal Provisions and Recognized Minorities
The National Commission for Minority Education Institution (NCMEI) Act, 2004, extends minority status to educational institutions based on six religious communities: Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis), and Jains.
As per the NCM Act, 1992, only those communities notified under section 2(c) by the central government are considered minority. After the enactment of the NCM Act in 1992, the MC turned into a statutory body and was dubbed as the NCM. The first Statutory National Commission was established in 1993 and initially recognized five religious communities ā Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis) as minority communities. In 2014, Jains were added to this list.
