Muslims have been noted by journalists, academics, and activists to have faced the brunt end of the delimitation process in India. As noted by the Sachar committee report in 30th November, 2006, it has been utilised to prevent Muslims from exercising their fundamental right. Thus now with the final order from Assam, critics have argued that these as areas which are known to have a concentration of Muslims are now finalised to be split or to be declared deliberately as reserved constituencies.

Regarding this contentious issue, the Sachar committee had undertaken a thorough analysis of the data pertaining to reserved constituencies for Scheduled Caste (SC candidates) in Uttar Pradesh, Bihar, and West Bengal has been undertaken by the Committee and these states boast a notable share of India’s Muslim population. The findings of this analysis by the Sachar committee report reveal that the constituencies designated as reserved for SCs by the Delimitation Commission in these states are predominantly those where Muslims constitute a significant portion, often exceeding 50% of the population and often, at times, even surpassing the SC representation. Conversely, a sizeable number of constituencies within these states, with substantial SC percentages, have been left ‘un-reserved’. This data raised concerns that the Delimitation Commission might have deliberately allocated reserved seats to regions with a notable Muslim presence, potentially with the intention of diminishing the political impact of the Muslim community. This phenomenon has sparked discussions around potential discrimination, as it curtails opportunities for Muslim representation in democratic institutions.

The Sachar Committee therefore advocated for the rectification of these concerns in the delimitation processes to be carried out. In fact, the issue of delimitation and its potential to hamper the fundamental rights of Muslims is mentioned by Justice Sachar himself in the foreword for the report itself where the Justice calls for a more judicious and just process of delimitation that refrains from reserving constituencies based on high minority population shares for SCs is recommended. This decision, if implemented, is something that is touted to amplify the avenues for minority political participation, as they are severely underrepresented in Indian politics where only about 4 percent of parliamentarians are been Muslims, both in the Indian Parliament and State Assemblies, without the risk of hampering SC community votes.

The Sachar Committee Report (SCR notes) that there is a recognised need for further strategies to enhance political engagement within the minority community. As the nation navigates the complex landscape of electoral representation, the focus should remain on establishing an equitable, inclusive, and representative political structure that upholds the democratic principles India holds dear. The right to fair and equal representation is a key marker to equal citizenships rights that must flow to all Indians under the Constitution.

In the context of the delimitation of constituencies in Assam under a BJP regime, concerns have emerged about potential impacts on the rights and representation of Muslims. The exercise of delimitation, as carried out by the Election Commission of India after each census, plays a crucial role in shaping the political landscape. However, the Muslim community in India, particularly in Assam, has experienced various challenges within social, cultural, and public spaces. These challenges have led to a sense of unease and discomfort among Indian Muslims, which could potentially be exacerbated by the delimitation process. Indian Muslims often bear a dual burden of being labelled by right wing politics as “anti-national” and recipients of disproportionate government benefits from “politics of appeasement” simultaneously and this dual perception creates an environment where Muslims are compelled to constantly prove their loyalty and disassociation from any terrorist activities. Paradoxically, the alleged “appeasement” has failed to yield the desired level of socio-economic development for the community if we were to even give the slightest credence to such comments. This continuous scrutiny, suspicion, and lack of recognition therefore has had a detrimental impact on the mental well-being of Muslims.

Similarly markers such as the burqa, purdah, beard, and topi, while contributing to the distinct identity of Indian Muslims, have also subjected them to ridicule and suspicion. The public realm has witnessed instances where Muslim men wearing a beard and topi are subjected to unwarranted interrogations and even violence such as mob lynching and religious profiling in places like parks, railway stations, and markets. Muslim women, particularly those wearing hijab or burqa, face discriminatory treatment in various public settings including markets, hospitals, schools, and public transportation.

Social identity-related challenges extend to housing and education as well where Muslims encounter difficulties when attempting to buy or rent properties, especially in non-Muslim localities. Some housing societies actively discourage Muslims from settling in these areas, reflecting a pattern of exclusion. Similarly, Muslim parents face discrimination when seeking admission for their children in mainstream educational institutions. This discrimination negatively affects the educational prospects of Muslim students, compelling some to resort to denominational schools that provide a sense of belonging but might not always offer the highest quality of education.

According to the SCR, the focus on specific cases of Muslim women’s rights in politics by right wing politicians, such as marriage, divorce, and maintenance, has overshadowed basic citizenship rights such as equal and non-discriminatory rights to fair living, employment, education, access to justice security or even political representation. This selective narrative perpetuated by large sections of a politically compliant media has, since 2014, especially contributed to portraying the Muslim religion as the sole source of gender injustice within the community, potentially overlooking structural inequalities that may exist.

Security-related concerns further exacerbate the sense of vulnerability within the Muslim community as feelings of insecurity vary across states, often triggered by communal tensions or untoward incidents. The present government’s response to communal violence and its perceived indifference has added to the distress of Muslims. The “involvement” of Muslims in acts in violation of the law (common among any and all citizens) is selectively used to profile Muslims and often render them criminals by default by sections of law enforcement and media. As an extension of this one-sided rhetoric, reparation or compensation to survivors of violence is also then portrayed as “unfair”, when in fact access to restitution is onerous and tardy.

Against this backdrop of abject Muslim marginalisation and furthering of hate against the community, concerns are raised about the impact of delimitation in Assam, particularly under a BJP regime. The fear is that the delimitation process, if not handled transparently, could potentially exacerbate the marginalisation and underrepresentation of Muslims in political spheres. It’s crucial that the delimitation exercise is carried out keeping the constitutional mandate of equality and justice as the markers.

Explaining De-limitation 

The Delimitation Commission, established by the Government of India through the through the provision of Delimitation Commission Act, is responsible for determining the boundaries of state assembly and parliamentary constituencies in India. Originally, the constitution aimed for a fresh round of delimitation after each ten-year census to maintain roughly equal population sizes in constituencies. Delimitation Commissions were formed in 1952, 1963, and 1972 to draw new boundaries. However, boundaries were “frozen” from the 1970s until 2001 to avoid promoting areas with higher birth rates due to concerns about family planning programs. Consequently, most Indian constituencies, including those reserved for SCs, remained unchanged from 1974 to 2007.

The most recent delimitation order in Assam follows a draft proposal released in June of this year, which recommended redrawing many constituency boundaries while keeping the total number (14 at the parliamentary level and 126 at the assembly level) unchanged.

Around 30 assembly constituencies will be redefined, and 26 new ones will be created in Assam. According to Sentinel Assam, Assam’s Chief Minister and BJP leader Himanta Biswa Sarma stated that if the ECI’s draft proposal is approved, the “people of Assam” will have a greater say in their constituencies. The All India United Democratic Front (AIUDF) party, expressed concern that the delimitation exercise will reduce the number of Muslim-majority assembly constituencies in the state from 29 to 22.

The draft proposal continues to face criticism due to the deliberate removal of specific assembly seats with Muslim-majority populations. These constituencies are presently represented by opposition party legislators from the Bengali-origin Muslim community, often labelled as “illegal” migrants.

As per the draft, these seats will either be amalgamated or merged into newly-created constituencies, many of which have significant Hindu populations.

Previously, the Barak Valley, comprising the districts of Cachar, Karimganj, and Hailakandi, had 15 assembly constituencies in the 2021 elections. However, the new order seeks to reduce this number to 13, citing demographic changes as a reason. Additionally, several constituency names are also set to be modified under the proposed plan.

Furthermore, the order too reserves three assembly constituencies, where Muslims have a significant presence, for candidates belonging to Scheduled Castes and Tribes. This effectively bars minority leaders from contesting in elections for those seats where SC status is not accorded to minority religious populations like Muslims and Christians. Assam’s Muslim population was recorded as 34% in the last Census of India from 2011. Approximately 3/4th of Assam’s Muslims are Bengali Muslims, frequently facing accusations of being ‘Bangladeshi immigrants.’ This procedure appears to be biased rather than being based on demographics nor does it appear to be designed for expediency in the electoral system.

Related: 

Assam: Delimitation of Assembly, Parliamentary Seats, Merging of Districts Raise Apprehensions

ECI’s final de-limitation order seals fears of Muslim marginalisation in Assam

Election Commission of India receives 467 suggestions and objections over the proposed delimitation exercise in Assam

Protests erupt over ECI’s new delimitation draft in Assam which is embroiled in controversy

The post What the 2026 delimitation process has in store for Indian Muslims appeared first on SabrangIndia.

The news of the ECI’s move also comes at a turbulent period when the parliament introduced a bill in the Rajya Sabha on Wednesday last week that will allow the PM to select a minister to replace the Chief Justice of India in the committee which will select the Election Commission members, including the Chief Election Commissioner. Raising serious questions of the union government’s intent—in this case to remote control the entire election process —it also will overturn an earlier judgement of the Supreme Court. Arguably then, if this control of the ECI itself is left unchallenged even by the Supreme Court the nationwide de-limitation process due in 2026 will itself be controlled by any government in power at the time.

The final de-limitation order, released under Section 8-A of the Representation of the People Act, 1950, marks a crucial development on Assam’s electoral map. The commission’s press release, released on August 11, detailed that its  approach involved an extensive consultative process with a wide range of stakeholders. This included three days of public hearings in Guwahati in July 2023, supplemented by pre-meetings held in March 2023. According the press note, all representations, suggestions, and objections were considered by the commission, composed of Chief Election Commissioner Rajiv Kumar and Election Commissioners Anup Chandra Pandey and Arun Goel.

As many as 30 assembly constituencies will cease to exist in their current form while 26 new ones will be created, the Economic Times had reported in June. The final order did not further change any constituency boundaries, but renamed 19 assembly constituencies and one parliamentary constituency.

Representatives from various opposition national and state parties, including Aam Aadmi Party, Indian National Congress, Communist Party of India (Marxist), and Bharatiya Janata Party, as well as state-specific parties like All India United Democratic Front (AIUDF), Asom Gana Parishad, United Peoples Party Liberal, and Bodoland People’s Front, provided their feedback and suggestions to the Commission. Additionally, the United Opposition Forum Assam, comprising of multiple parties, and Registered Unrecognized Political Parties (RUPPs) such as Raijor Dal, Bhartiya Gana Parishad, National Republican Congress, and Assam Jatiya Parishad, also took part in the discussions. Over the course of three days, the Commission engaged with more than 1200 representations from 31 districts and conducted meetings with over 20 political parties. 

The commission says it incorporated. Around 45% of the total 1222 suggestions/objections. According to the press release, while some 5 % of the demands were found to be outside the bounds of constitutional and statutory provisions, and the rest of the 50 % were not deemed suitable. According to a report by The Hindu, the poll panel has largely retained the changes that were introduced in the original draft proposal released earlier in the year. 

The current chief minister of Assam, Himanta Biswa Sarma –whose term has been marred by aggressive steps and posturing against the state’s minorities– has also given his support to the ECI earlier. Assam chief minister and BJP leader Himanta Biswa Sarma had earlier said that if the ECI’s draft proposal was approved, the “people of Assam” would have a greater say in their constituencies.

“Assam should not be taken over by unfamiliar persons, and for that we worked religiously to protect jati [community], mati [land], and bheti [foundation], so as to retain the political power in the hands of our people.”

আমাৰ লক্ষ্য – জাতি, মাটি আৰু ভেটিৰ সুৰক্ষা

We are committed to protect the interests of our indigenous communities.

If the EC’s draft on delimitation is approved, people of Assam will have a greater say in their constituencies.

Lakhimpur#MahaJansamparkAbhiyan pic.twitter.com/sQ6ZWatM2L

— Himanta Biswa Sarma (@himantabiswa) June 23, 2023

His remarks and the delimitation proposal have been criticised as an attempt to weaken the representation of the state’s Bengali-origin Muslim community, who are often vilified as illegal immigrants from neighbouring Muslim-majority Bangladesh.

It is also not a coincidence that it is only the current ruling party BJP remains to be one party that welcomes the order, amidst many oppositions by other parties, including the Congress and AIUDF.

Gaurav Gogoi, a two term MP from the Congress party in Assam, has stated on Twitter that the Delimitation Exercise only ‘suits’ the BJP. 

Election Commission publishes delimitation of Assam in 2023 based on 22 year old census. Hence no benefit to Assam in terms of increase in Lok Sabha seats. The result is a reorganization of existing seats to suit BJP voting trends. No wonder BJP doesn’t want CJI to select ECs.

— Gaurav Gogoi (@GauravGogoiAsm) August 11, 2023

Changes in the Final Draft

The delimitation exercise is based on the 2001 Census data a move which has been largely questioned by critics. The last delimitation was carried out in Assam in 2008. The latest delimitation exercise has resulted in the allocation of 126 Assembly Constituencies (ACs) and 14 Parliamentary Constituencies (PCs) in Assam.  The commission’s final proposal includes revisions to the names of certain constituencies. Existing names such as Mankachar and South Salmara have been changed to Birsing Jarua and Mankachar respectively, amongst other changes.

Image: ECI Final Order.

When the initial draft was released, many apprehensions were made as for the new allocation of constituencies reserved for the scheduled castes (SCs). According to the final order, the SC seats are distributed among districts based on the proportion of the population of SCs in each district compared to the overall SC population in the entire state. Within each district, the priority was given to assembly seats with the highest proportion of SC population in relation to the total population of that assembly constituency. Similarly, for Parliamentary Constituencies, the one with the highest proportional SC population in relation to the total population of that parliamentary constituency was reserved for SCs. In 2001, the Scheduled Caste (SC) population stood at 1,825,949 out of the total population of 26,655,528. This proportion of SCs in the population was calculated to be 0.0685. The state had a total of 126 Assembly Constituencies (ACs), out of which 9 were to be reserved for SCs. Additionally, there were 14 Parliamentary Constituencies (PCs), with 1 PC earmarked for reservation for SCs. The ECI has argued that these changes in reservation for SC and ST communities were made according to Articles 330 and 332 of the Constitution.

According to Barak Bulletin, Silchar MP Rajdeep Roy had warned that there would be ‘Kashmirisation’ of Silchar if it becomes an unreserved constituency. Similarly, according to report, the main request of Barak Valley’s residents was to restore the Assembly representation to 15 seats. However, the Election Commission of India’s final draft stipulated 13 seats for the region. Notably, Algapur and Katlicherra, previously separate constituencies, were combined into Algapur-Katlicherra. Similarly, Badarpur merged with North Karimganj, now known as North Karimganj. Acknowledging Minister Parimal Suklabaidya’s objection, the ECI retained the name of Dholai Constituency, despite the initial proposal to rename it.

A significant development is the reduction in the size of the Silchar Legislative Assembly, both in geographic and electoral terms. Wards 1 to 7 of the current Silchar Municipal Board have been excluded from Silchar LAC. Furthermore, the ECI’s final draft confirmed that the Silchar Parliamentary Constituency, one of Barak Valley’s two constituencies along with Hailakandi-Karimganj, will continue to be reserved for SC candidates. It is notable that the Hailakandi-Karimganj constituency, formerly reserved for SC candidates, is now open to general candidates.

Opposition protests against the order

In the Supreme Court of India, writ petitions were submitted by Rajya Sabha member Ajit Kumar Bhuyan and Dr. Hiren Gohain, as well as one by the opposition parties. These petitions highlighted that the earlier postponement of the delimitation exercise was due to its reliance on outdated 2001 Census data. Given that India’s most recent Census was in 2011, it would naturally contains more current and updated data compared to the information from 2001, but there are no reports of the 2011 data included. 

On July 24, the Supreme Court declined to put a stay on the delimitation process in Assam. The Court directed the Union government and the poll panel to provide their responses to a set of pleas on this matter. A bench led by Chief Justice D Y Chandrachud, alongside Justices J B Pardiwala and Manoj Misra however decided that they will look into the constitutionality of Section 8A of the Representation of the People Act, 1950. This is the section which grants the Election Commission the power to carry out constituency delimitation. 

During the hearing for the petition, representing the petitioners, senior advocate Kapil Sibal, representing the opposition party leaders, argued against the commission stating that traditionally, this task was handled by a Delimitation Commission consisting of a retired Supreme Court judge and people’s representatives. He contended that entrusting the process to the ECI lacked a rational basis.

The proposed changes have triggered responses on the ground as well. Organisations and political parties had earlier called for a 12-hour strike in certain districts of Barak Valley in June, at the release of the ECI’s delimitation draft.

According to an earlier report by Sabrang India, a contentious aspect of the proposal centres on the potential elimination of assembly seats with Muslim-majority populations. This move has invited criticism from opposition parties, who assert that these constituencies often represent the Bengali-origin Muslim community, leading to concerns of minority representation and potential bias.

According to the report, the draft’s provisions suggest merging or incorporating such seats into newly-formed constituencies, some of which house significant Hindu populations.

India’s next nationwide delimitation is slated for 2026, while Assam’s last comprehensive delimitation was performed in 2008, with a subsequent deferral. This raises the question as to what was the hurry to perform a delimitation exercise specifically for Assam just a few years away from the all India exercise? The fact that the Lok Sabha elections are just a year further raises significant questions.

Related 

Assam: Delimitation of Assembly, Parliamentary Seats, Merging of Districts Raise Apprehensions

Election Commission of India receives 467 suggestions and objections over the proposed delimitation exercise in Assam

Protests erupt over ECI’s new delimitation draft in Assam which is embroiled in controversy

Election Commission of India says voters’ names not to be removed without prior notice

The post ECI’s final de-limitation order seals fears of Muslim marginalisation in Assam appeared first on SabrangIndia.