A PIL challenging minority status of Jamia Millia Islamia was filed in Delhi High Court by Vijay Kumar Sharma, President of an NGO, Yuva Bharti Samiti, alleging that JMI is not a minority institution as incorporated under Jamia Millia Islamia Act of 1988. Before arriving at this thought, we need to peep into JMI past. JMI was founded by the Muslims during the Khilafat Movement in 1920 on the call of Gandhiji, for the religious and secular education of Indians, especially Muslims, as has been mentioned in its Aims and Objectives. Jamia was a minority institution when it was declared a “Deemed University” by UGC in 1962. It retained its minority status till the conferment of Central University status in 1988 by the Central Government. The Central Act of 1988 deliberately diluted minority status of Jamia Millia Islamia.
Another allegation is that National Commission for Minority Educational Institutions has no jurisdiction or authority to declare Jamia Millia Islamia a minority institution. This allegation is toothless and has no leg to stand because one of the functions of NCMEI is: To decide all questions relating to the status of any institution as a minority institution and declare its status as such.
We should also understand the difference between the foundation of an institution by a community and conferment of status. JMI was founded by the Muslims and it was conferred Central University status in 1988 by the Central Government.
Another thinking is Jamia’s secular credentials would be affected. This kind is also baseless. Jamia was, is and shall remain a secular institution even after declaration of its minority status. Those who believe that restoring minority status of Jamia would affect its secular credentials, have the narrow meaning of secularism. For example, India is a Hindu-majority country, though it is secular in nature. Another example is Turkey which is a Muslim majority country and yet a secular state.
So, we infer that major representation of one religious community has no role in secularism. In the same way, major representation of one religious community in any educational institution is not against secularism and founding religious and cultural institution is the fundamental right of minorities. Secularism is a state in which all the religious communities can co-exist peacefully. Major representation of Muslims in Jamia Millia Islamia would not affect its secular credentials as other communities will also be represented in open category irrespective of caste, creed and religion.