The Nehru Report and Muslim Rights — Page 64
[ 64 1 preventing it frorn enjoying it. s lcgitirnate rjghts. 'The authoress of " 1'hc /J r oleclion of Minorities " al�o shares the snrne view. She writes :- "'fhc i1l-treat1nenls of rninorities may range from the crude forms of massacre and mass expulsion to more re fined methods, of which the most popular js the restric tion of the free use of the mother tongue. r:ducation, laws and regulations for the administration of justice are the most obvious means to this end. " ( Ibid. p. 29 ). From the above it is abundantly clear that in our times majorities oppress the minoritie5 through the refined process of enacting laws, which are ostensibly uniform, but which result in the annihilation of a particular community. It is thus clear that in framing a constitution for India it is not sufficient to see that the laws are the same for the Hindus and the Muslims, but what is im portant is to know how the laws will affect each of the two communities. If it is proved that laws ostensibly uniform are actually disastrous to the Moslems by either directly injuring their interests, or preventing then1 from enjoying their legitimate rights, then it wiil be necessary by all means to alter the san1e. The other aspect of this question is that jf laws are framed with a view to satisfy the needs of differen t parties, would that not suffice to meet the ends of jus tice? My answer to this question also is the same, an emphatic no. No nation can be safe by the mere passing of equitable laws, rather it needs two more neces,. sary conditions; namely:- ( I) That adequate provision shall be made to see that the law in question is administered according to its spirit. Most excellent laws are but dead letters when