Subject: Petition to NCM, PM and President of India against a very discriminatory policy adopted by Ayush Ministry, Government of India stating it does not recruit Muslims. This is violative of the Constitution of India. Details of said policy and official documents attached inside.
Respected Sir,
I would like to draw the urgent and immediate attention of the National Commission for Minorities (NCM) towards an extremely reprehensible set of actions violative of various provisions of the Indian Constitution by the Ayush Ministry.
Facts of the case
The AYUSH Ministry–in a reply to an RTI filed over the number of Muslims selected for short-term abroad assignments on World Yoga Day–has said that “as part of a government policy, no Muslims was invited, selected, or sent abroad.”
An RTI at the AYUSH Ministry, asking the ministry to first, “provide the details, how many (total numbers) Muslim candidates had applied for short-term abroad assignment (Trainer/Teacher) during World Yog Day 2015?” Second, it asked the Ministry “as how many Muslims applied for the post of Yoga Trainer / Teacher so far?”
The written answer from the Ayush Ministry dated 8 October, 2015 said: “As per government policy: no Muslim candidate was invited, selected or sent abroad.”
To the question about how many Muslims applied for the post of Yoga Teacher, the RTI answer said a total 711 Muslim candidates had applied for short-term abroad assignment (trainer/teacher) during World Yog Day 2015.
A total 3,841 Muslim candidates applied till date (for the post of Yoga Trainer / Teacher). However, no Muslim was selected for any of the posts.
This confirms the communal trend that is rising in the country. What began with the emboldenment of the right wing fringe forces that were undermining rule of law since the killing of Pune techie Mohshin Shaikh for just being a Muslim who sported the Muslim skull cap and beard to Akhlaq in Dadri over beef rumours has now become a mainstream phenomenon with no less than a Central government ministry practicing such discrimination. More than anything else this is an assault on the Constitution. This is an assault on the Fundamental Rights guaranteed by the Constitution of India under Article 14, 15,16,19,21 and 25. It is incompatible with the secular ideal enshrined in the Constitution and imbibed in the polity of our diverse, plural and multi-cultural society.
The above said action is in flagrant violation of
Article 14 which says that state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India
Article 15 (Prohibition of discrimination on grounds of religion,race,caste,sex or place of birth): Article 15 says that the state shall not discriminate against only of religion, race, sex, place of birth or any of them.
Article 16 (Equality of opportunities in matters of public employment). Article 16 says that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.
Article 25 guarantees freedom of religion
Prayer
In light of these circumstances, it is humbly prayed before the NCM that
a) Direct the Central government to immediately withdraw this discriminatory and unreasonable policy against Muslims which is thoroughly violative of the Constitution of India and should have never been introduced at all.
b) NCM should monitor and review periodically the policies of the government to ensure they are not discriminatory against any religious minorities and live up to the slogan of Sabka Saath Sabka Vikas in letter and spirit.
c) PM Modi must take cognisance of communal incidents being done by certain elements who have now entered mainstream. It is time to make stringent rules against his kind of communal assault targeting Muslims. The Hon’ble President must advise the government to take necessary corrective measures.
SHEHZAD POONAWALLA
PETITIONER
R/AT: A46, 2ND FLOOR,
SOUTH EXTENSION II
NEW DELHI 110049
+919960675176