32
Chapter V CHANGING STATUS OF THE ANGLO- INDIANS IN THE POST INDEPENDENT ERA- A CONSTITUTIONAL ANALYSIS The survival of the Anglo Indians in India was one of the major challenge and response as theorized by Arnold .J. Toynbee. They faced challenges both from within and outside; external challenges from their early masters 1 and internal challenges from their Indian counter parts. 2 They responded to these challenges sometimes successfully but most of the time unsuccessfully. The prospects of the Anglo Indians met with varying fortunes. Offspring’s of the new ethnic and linguistic group gradually developed under favourable European policy and attitude, especially that of the British. The Anglo-Indians are primarily Western in their outlook on life and in their lifestyle. 3 Not only in their costume, faith and language, their social functioning where men and women enjoyed equal status and choosing their own spouse stands quite unusual in the Indian society. 4 At the early stages the Europeans intended to develop an indigenous supporting group and generously encouraged their men to marry Indian women. The British even gave one pagola/ gold mohar for each child born of a European father to the Indian mother. 5 A new ethnic group slowly but

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Chapter V

CHANGING STATUS OF THE ANGLO- INDIANS IN THE POST INDEPENDENT ERA-

A CONSTITUTIONAL ANALYSIS

The survival of the Anglo Indians in India was one of the major

challenge and response as theorized by Arnold .J. Toynbee. They faced

challenges both from within and outside; external challenges from their

early masters1 and internal challenges from their Indian counter parts.2

They responded to these challenges sometimes successfully but most of the

time unsuccessfully. The prospects of the Anglo Indians met with varying

fortunes. Offspring’s of the new ethnic and linguistic group gradually

developed under favourable European policy and attitude, especially that of

the British. The Anglo-Indians are primarily Western in their outlook on life

and in their lifestyle.3 Not only in their costume, faith and language, their

social functioning where men and women enjoyed equal status and

choosing their own spouse stands quite unusual in the Indian society.4

At the early stages the Europeans intended to develop an indigenous

supporting group and generously encouraged their men to marry Indian

women. The British even gave one pagola/ gold mohar for each child born of

a European father to the Indian mother.5 A new ethnic group slowly but

steadily developed. During the initial stages the offspring’s were treated

alike the European and they could find ready employment in the East India

Company. Many went to England for higher studies and new schools were

established at Madras, Bangalore and Lucknow for equipping those remain

in India for studies. The Anglo-Indians were treated at par with the

Europeans and there is no taboo attached to the marital or extramarital

relations of the English with Indian women. They felt as Europeans both in

culture and proclivity.6

By the latter half of the 18th century the British power was considerably

established and the as per the strengthening of their authority the policy

towards the Anglo-Indians began to change. They naturally unsolicited the

strengthening of a parallel ethnic group in the colony and feared a threat

from the side of the Anglo-Indians and framed policies for their progressive

exclusion from British society and industry in India.7 This was evident from

the repressive orders8 imposed at the instigation of the Court of Directors

which ultimately leads to social and economic impoverishment.9

The authorities who generously opened the doors of employment for the

Anglo Indians discharged them from all ranks in the army. The easy entry

of the Anglo Indians to Company’s civil, military and marine offices was

severely restricted and the Anglo-Indians felt that they were discriminated.

The unexpected restriction on the people with the same culture and

inclinations reduced them to economic impotence and they felt that they are

socially dishonoured.10

The excessive dependence on government positions discarding the

lucrative openings in trade and industry was one of the major reasons for

their low economic status. They were excluded from the commercial life of

India and they missed the achievement motivation. They were satisfied with

the middle level guaranteed jobs in government services and the British

never permitted them to go beyond a certain level.11

By this time the Company entered in to war with the Marathas. The

crisis situation warranted them to reverse their policy of antagonism

towards the Anglo Indians. In 1798, a Proclamation was issued ordering

Eurasians to rejoin the Company’s armies. Relieved from the British

regiment most of the Anglo Indians were placed in the service of local kings

and chieftains. Therefore this was not a welcome call for most of them as it

would cause the danger of financial loss and risk of death. Ignoring their

early experience of oppressive attitude and injustices shown to them the

Anglo Indians readily responded to the British appeal for assistance.12

Immediately after the Second Maratha war, the British unscrupulously

changed their mind. They once again wrecked the Anglo Indian dignity.

Disregarding the ferocious fighting, loss of life, hardships and sufferings the

British discharged all the Anglo-Indians from the British regiment in India.13

Unexpected eviction from service and consequent miseries made a change in

the life and attitude of the Anglo Indians. Some offered their services to the

Indian princes. The turbulent period enabled many of them to think in a

different way. Finding the restrictions and sufferings of the rewardless

soldiering, many entered trade and commerce. In order to arrest the erosion

of inner strength they also started Anglo Indian Schools during this time.

After 1820 the British reversed their approach towards the Anglo

Indians. This may be seen by the following Company order dated the 26th

June, 1821:14

“The Hon’ble Governor-in-Council having been pleased to

resolve that a corps of Artificers shall be raised for the service

of this Presidency (Madras) consisting for the present of one

Sergeant Major, 10 Sergeant Instructors and 100 Artificers,

directs that it shall be composed of sons of Europeans born

in India, and that it be denominated the Corps of ‘The

Carnatic Ordnance Artificers’ ... They will be enlisted as

European soldiers, will be paid, mustered and returned

accordingly ... The Artificers will be clothed in the usual

Ordnance uniform agreeable to the mode that obtains with

respect to European troops.”

With the offering of low level positions in government and company the

condition of the Anglo-Indians began to improve. The career prospects of the

Anglo-Indians get better when English replaced Persian as the official

language of the government. The Anglo-French war restricted the availability

of British men in India which in turn further enhanced the job opportunities

of the Anglo Indians. Anglo-Indian dependence on government employment

continued till the 20th century.15

Post-Independence period

Since 1942 it was clear that the British has to quit. By 1947 when the

British were making preparations to pack from India, the Anglo-Indians

were not in a mood to digest the hard reality of an India without British

hegemony. A feeling of insecurity was rampant among the Anglo Indians at

all levels for they feel unprotected in the absence of their English masters.

The imaginary fear spread across the community lead to a conclusion of

large scale migration to England, Australia, and Canada.16 To the great

surprise of those who stay back, the constitution makers of India provided

much more protection and care than they expected with constitutional

safeguards. They continued to enjoy job reservations in various civil and

military avenues.17

However the Anglo-Indians faced a host of problems in the post

independent era. During the early stages they were unwilling to accept

inferior jobs. At the same time most of them were not academically qualified

and kept themselves alien to Indian languages.18 The need for occupational

specialization in the post independent age made them vulnerable to

unemployment. Even when employed, most of them found their place in the

lower stratum of civil service. Very few are in the private business or

entrepreneurial areas.19 They struggled hard to maintain a western way of

life with the meagre income in India. All these situations together have an

adverse impact on the social structure and family economy.

The Anglo Indians also undergo an identity crisis. The white skinned

English speaking Anglo Indians had an upper hand whereas the dark

skinned found it difficult to be recognized in the community. Often the dark

skinned felt the rejection from within and outside.20 While being faithful to

their mother country, their language, culture and inclinations make the

society feel that they are alien and there are instances when they

themselves feel so. During the visit to the Anglo Indian houses we could

invariably find picture of British royal family to crown the European

aesthetic interior. Most of the Anglo Indians were not in favour of

assimilation to Indian society. In between assimilation and migration they

prefer migration. In the course of discussion one of the Anglo Indian friends

opined: “if we have to stay in India we have to assimilate and loose our

identity”.21

Constitutional Status Determined By Definition

The post independent era marked a different history of the Anglo

Indians. They were given unprecedented recognition and elevated status by

incorporating them in the constitution of India which was denied to many

larger minorities in the country. According to the definition under Article

366(2) of the Constitution of India

“an Anglo-Indian’’ means a person whose father or any

of whose other male progenitors in the male line is or was of

European descent but who is domiciled within the territory of

India and is or was born within such territory of parents

habitually resident therein and not established there for

temporary purposes only”

The definition embraces Indians of purely European – male - ancestry,

descendants of old Portuguese colonies, mesticos22 of Goa and people of

Indo- French and Indo Dutch descendants.

Constitutional Protection

The Constitution of India provided for the protection of the interest of

the Anglo-Indians in three ways; general, special and specific.

A. General provisions

The constitution treats the minorities at par with the other people.

Article 14 of the Constitution of India provides for Right to Equality and

Article15 prohibits discrimination of any type.

Part III: Fundamental Rights; Right to Equality

Article 14 guarantees them equality before law. Article14 of the

Constitution of India states that the State shall not deny to any person

equality before the law or the equal protection of the laws within the

territory of India.

Article15 provides for the Prohibition of discrimination on grounds of

religion, race, caste, sex or place of birth.

15(1) The State shall not discriminate against any citizen on grounds only of

religion, race, caste, sex, place of birth or any of them.

15 (2) No citizen shall, on grounds only of religion, race, caste, sex,

place of birth or any of them, be subject to any disability, liability,

restriction or condition with regard to—

(a) access to shops, public restaurants, hotels and places of public

entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public

resort maintained wholly or partly out of State funds or dedicated to

the use of the general public

15(3) Nothing in this article shall prevent the State from making any

special provision for women and children.

15(4) Nothing in this article or in clause (2) of article 29 shall prevent

the State from making any special provision for the advancement of

any socially and educationally backward classes of citizens or for the

Scheduled Castes and the Scheduled Tribes.

15 (5) Nothing in this article or in sub-clause (g) of clause (1) of

article 19 shall prevent the State from making any special provision,

by law, for the advancement of any socially and educationally

backward classes of citizens or for the Scheduled Castes or the

Scheduled Tribes in so far as such special provisions relate to their

admission to educational institutions including private educational

institutions, whether aided or unaided by the State, other than the

minority educational institutions referred to in clause (1) of

Article30.

PART IV: Directive Principles of State Policy

Article 44 makes provision for Uniform civil code for the citizens.

Accordingly the State shall endeavour to secure for the citizens a uniform

civil code throughout the territory of India.

PART XV : Elections

Article 325 provides for general electoral roll and Article326 endow

with for right to universal adult franchise to all, including the minorities.

325. No person to be ineligible for inclusion in, or to claim to be

included in a special, electoral roll on grounds of religion, race, caste

or sex.— There shall be one general electoral roll for every territorial

constituency for election to either House of Parliament or to the

House or either House of the Legislature of a State and no person

shall be ineligible for inclusion in any such roll or claim to be

included in any special electoral roll for any such constituency on

grounds only of religion, race, caste, sex or any of them.

326. Elections to the House of the People and to the Legislative

Assemblies of States to be on the basis of adult suffrage.— The

elections to the House of the People and to the Legislative Assembly

of every State shall be on the basis of adult suffrage; that is to say,

every person who is a citizen of India and who is not less than

eighteen years of age on such date as may be fixed in that behalf by

or under any law made by the appropriate Legislature and is not

otherwise disqualified under this Constitution or any law made by

the appropriate Legislature on the ground of non-residence,

unsoundness of mind, crime or corrupt or illegal practice, shall be

entitled to be registered as a voter at any such election.

B. Special Provisions

There are certain provisions under part-III of the constitution which

specially aimed to safeguard the interests of the minorities in the country.

Articles 29 and 30 of the Constitution endow with protection to the

linguistic, educational and cultural rights of the minorities.

Part III: Fundamental Rights; Cultural and Educational Rights

29. Protection of interests of minorities.—(1) Any section of the

citizens residing in the territory of India or any part thereof having a

distinct language, script or culture of its own shall have the right to

conserve the same.

Article 29(2) provides for equality of educational opportunities

29(2) No citizen shall be denied admission into any educational

institution maintained by the State or receiving aid out of State

funds on grounds only of religion, race, caste, language or any of

them.

Education being a pivotal instrument of development, the Constitution

also assures the right of the minorities to establish educational

institution of their choice.

30. Right of minorities to establish and administer educational

institutions.—

(1) All minorities, whether based on religion or language, shall have

the right to establish and administer educational institutions of their

choice.

C. Specific provisions

To ensure that the problems faced by the Anglo Indians are

appropriately addressed, the constitution makers made a deliberate attempt

by giving constitutional safeguards under Articles 331 and 333 which

provides that the President or governor of a State can nominate members of

the Anglo-Indian community to the Parliament and Legislative Assembly if

they feel the community is not adequately represented. This is in addition to

the protection provided by the constitution for the religious and linguistic

minorities.

PART XVI: Special Provisions Relating to Certain Classes

331. Representation of the Anglo-Indian Community in the House of

the People. — Notwithstanding anything in article 81, the President

may, if he is of opinion that the Anglo-Indian community is not

adequately represented in the House of the People, nominate not

more than two members of that community to the House of the

People

333. Representation of the Anglo-Indian community in the

Legislative Assemblies of the States.— Notwithstanding anything in

article 170, the Governor of a State may, if he is of opinion that the

Anglo-Indian community needs representation in the Legislative

Assembly of the State and is not adequately represented therein,

nominate one member of that community to the Assembly.

Besides the representation in the legislature, a temporary preference

with regard to employment and educational grants for Anglo-Indians

for a period of ten years was also provided by the constitution.

336. Special provision for Anglo-Indian community in certain

services.— (1) During the first two years after the commencement of

this Constitution, appointments of members of the Anglo-Indian

community to posts in the railway, customs, postal and telegraph

services of the Union shall be made on the same basis as

immediately before the fifteenth day of August, 1947.

During every succeeding period of two years, the number of posts

reserved for the members of the said community in the said services

shall, as nearly as possible, be less by ten per cent than the

numbers so reserved during the immediately preceding period of two

years:

Provided that at the end of ten years from the commencement of

this Constitution all such reservations shall cease.

(2) Nothing in clause (1) shall bar the appointment of members of the

Anglo-Indian community to posts other than, or in addition to, those

reserved for the community under that clause if such members are

found qualified for appointment on merit as compared with the

members of other communities.

Article 337 provides Special provision with respect to educational

grants for the benefit of Anglo-Indian community.

337. Special provision with respect to educational grants for the

benefit of Anglo-Indian community.—During the first three financial

years after the commencement of this Constitution, the same grants,

if any, shall be made by the Union and by each State for the benefit

of the Anglo-Indian community in respect of education as were made

in the financial year ending on the thirty-first day of March, 1948.

Representation of the Anglo-Indian community in the Parliament and

Legislative Assemblies.

The provision in the constitution for ensuring adequate representation

in the legislative assemblies marks a great achievement for the Anglo

Indians. It enabled them to have a say in the legislative bodies and keep

their live presence in the main stream of Indian politics. The representation

given to the Anglo Indians was initially for a period of ten years. In 1959 by

the eighth amendment of the constitution the period was enhanced to

twenty years. Further it’s extended for ten years each by the twenty third,

forty fifth, sixty-second, seventy ninth and ninety fifth constitution

amendments as detailed in the following table.

The constitutional makers foresee time bound effort on the part of the

Government machinery and the general public for the enhancement of the

special category communities like Scheduled caste / scheduled tribes and

Anglo Indians.23 The most depressing fact is that the overall status, socio-

economic condition and political influence of the community remained

unchanged or even worsened than that of the independent period.24

Anglo Indian leaders represented the Community in the Lok Sabha

The Anglo Indians are urban dwellers. Exact number of Anglo Indians

living in India is not available. Some of them name themselves as

Europeans and many of them assimilated to the main stream of other

communities. However it is estimated that roughly 80,000-125,000 Anglo-

Indians are living in India. Most of them are based in the cities of Delhi,

Kolkata, Chennai, Bangalore, Hyderabad, Kanpur, Mumbai and

Tiruchirapalli. Anglo-Indians also live in Kochi, Goa, Secunderabad,

Visakhapatnam, Lucknow, Agra and some towns of Bihar, Jharkhand and

West Bengal.25

They have been represented by the leaders of the community and the

most prominent among them was Frank Anthony. From 1952 to 1996 Frank

Anthony represented the Anglo Indians in the Lower house of the

parliament. His leadership, influence and exposure to law contributed to the

constitutional safeguards in the young republic. He tirelessly fought for the

rights of the Anglo Indian community in India. He was a true patriot and

loyal to India.26 He appealed the Anglo Indians: “let us cling and cling

tenaciously to all that we hold dear, our language, our way of life and our

distinctive culture. But let’s always remember that we are Indians. The

community is Indian. It has always been Indian. Above all, it has an

inalienable Indian birth right. The more we love and loyal to India, the more

will India be loyal to us.”27

The list of Anglo Indian Representatives in Lok Sabha is given below:

Sl. No. Constituency Name of Member

FIRST LOK SABHA 17.4.1952 – 4.4.1957

1. Nominated Shri. Frank Anthony

2. Nominated Shri. A.E.T. Barrow

SECOND LOK SABHA 5.4.1957 – 31.3.1962

1. Nominated Shri. Frank Anthony

2. Nominated Shri. A.E.T. Barrow

3. Nominated Shri. D. Ering

THIRD LOK SABHA 2.4.1962 – 3.3.1967

1. Nominated

2. Nominated

3. Nominated

FOURTH LOK SABHA 4.3.1967 – 27.12.1970

1. Nominated Shri. Frank Anthony

2. Nominated Shri. A.E.T. Barrow

3. Nominated Shri. D. Ering

FIFTH LOK SABHA 15.3.1971 – 18.1.1977

1. Nominated Shri. Frank Anthony

2. Nominated Shri. A.E.T. Barrow

3. Nominated Shri. D. Ering

SIXTH LOK SABHA 23.3.1977 – 22.8.1979

1. Nominated Shri A.E.T. Barrow

2. Nominated Shri. Rudolph Rodrigues

SEVENTH LOK SABHA 10.1.1980 – 31.12.1984

1. Nominated Shri. Frank Anthony

2. Nominated Shri. A.E.T. Barrow

EIGHTH LOK SABHA 31.12. 1984 – 27.11.1989

1. Nominated Shri. Frank Anthony

2. Nominated Shri. A.E.T. Barrow

NINTH LOK SABHA 2.12.1989 – 13.3.1991

1. Nominated Shri. Joss Fernandus

2. Nominated Shri. Paul Mantosh

TENTH LOK SABHA 20.6.1991 – 10.5.1996

1. Nominated Shri. Frank Anthony

2. Nominated Maj.Gen.Robert E Williams

ELEVENTH LOK SABHA 15.5.1996 – 4.12.1997

1. Nominated Shri. Neil O’Brien

2. Nominated Shri. HedwigRego

TWELFTH LOK SABHA 10.3.1998 – 26.4.1999

1. Nominated Dr. Mrs. Beatrix D’Souza

2. Nominated Lt.gen. Neville Foley

THIRTEENTH LOK SABHA 10.10.1999 – 6.2.2004

1. Nominated Dr.Mrs.Beatrix D’Souza

2. Nominated Shri Denzil B Atkinson

FOURTEENTH LOK SABHA 17.5.2004 -31.5.2009

1. Nominated Mrs. Ingrid Mcleod

2. Nominated Shri. Francis Fanthome

Article 333 of the Constitution of India provide for the nomination of an

Anglo India representative if not adequately represented. Since the study

concentrates on Cochin, the list of Anglo Indian Nominated members of

Kerala Legislative Assembly is given below.

Sl. No Constituency Name of Member

FIRST KERALA LEGISLATIVE ASSEMBLY 1957-1959

1 Nominated Shri. W.H. D’cruz

SECOND KERALA LEGISLATIVE ASSEMBLY 1960-1964

2 Nominated Shri. C.F. Periera

THIRD KERALA LEGISLATIVE ASSEMBLY 1967-1970

3 Nominated Shri. S.P. Luiz

FOURTH KERALA LEGISLATIVE ASSEMBLY 1970 1977

4 Nominated Shri. Stephen Padua

FIFTH KERALA LEGISLATIVE ASSEMBLY 1977 – 1979

5 Nominated Shri. Stephen Padua

SIXTH KERALA LEGISLATIVE ASSEMBLY 1980 –82

6 Nominated Shri. Stephen Padua

SEVENTH KERALA LEGISLATIVE ASSEMBLY 1982 – 1987

7 Nominated Shri. Stephen Padua

EIGHTH KERALA LEGISLATIVE ASSEMBLY 1987 – 1991

8 Nominated Shri. Niclos Rodrigues

NINTH KERALA LEGISLATIVE ASSEMBLY 1991- 1996

9 Nominated Shri. David Pinheiro

TENTH KERALA LEGISLATIVE ASSEMBLY 1996 – 2001

10 Nominated Shri. John Fernandez

ELEVENTH KERALA LEGISLATIVE ASSEMBLY

11 Nominated Shri Ludy Luiz

TWELFTH KERALA LEGISLATIVE ASSEMBLY

12 Nominated Simon Britto

THIRTEENTH KERALA LEGISLATIVE ASSEMBLY

13 Nominated Ludy Luis

Education and language

Education and language are the vital components in the development

of the Anglo Indian Community. They established Anglo Indian Schools for

the fostering of their exclusive culture and language. This has been clearly

articulated by the constitution makers by incorporating the rights of the

Anglo Indians to run educational institutions of their choice. However there

has been great demand for the elimination of British system of education

and English language28 The community is scared of such a move from the

majority towards a defenceless microscopic minority. The leaders of the

Anglo Indian community raised their voice against this demand which is

fatal and would lead to the total extinction of the community. They found

their only refuge in the constitution and judicial system of the country. The

Anglo Indians fought several successful legal battles in their attempt to

preserve their constitutional rights.

The community attitude relating to these problems is reflected by the

following remarks of Frank Anthony29, the then president of the All India

Anglo-Indian Association:

“Remember this, without our schools and without our

language English, we cannot be an Anglo-Indian Community.

We may be like the Feringis of Kerala who claim to be

originally of Portuguese descent but who have merged into

the lowest stratum of the Indian Christian community, with

their mother-tongue as Malayalam. Without our language,

without our schools, we cannot be an Anglo- Indian

Community. We may be anything else. And that is why we

have mounted increasing vigil in respect of our schools and

our language”.

The All-India Anglo-Indian Association is the representative agency for

most Anglo-Indians in India, maintains a large section whose function is to

supervise and foster British-styled education. It organizes and manages a

curriculum and administration of Cambridge–styled education. These

schools were intended to be available for Anglo-Indian Education.30 Hence

any adverse effect on the school system will have its repercussions in the

flourishing of the community.

There were numerous cases of resistance from various parts of the

country on the language policy and even some state governments took stand

against English education system. Since education and English language

are the life blood of the Anglo Indians any move against English education

has its reflections on the emotional life and social security of the Anglo

Indians. Whether or not English will be hold as a medium of education and

communication continues to be a problem for the Community. The

government has, at various times, tried to replace English and make Hindi

the lone national language of the country.31 The natural opposition on the

part of the Anglo Indians to such replacement is seldom heard due to their

lack of political strength. It was only because of regional and linguistic

group opposition, as well as periodic violence, the government has not been

able to establish Hindi as the national language. Thus the Anglo-Indian has

temporarily been spared. The Anglo Indians face many difficulties for the

retention of their language medium.32 The latest incident came from

Karnataka. The 1994 language policy was challenged in KAMS vs State of

Karnataka & Ors33 and a three- judge bench of Karnataka High Court

comprising of CJ Cyriac Joseph,Manjula Chellur and N.Kumar JJ , ruled

out that a state Govt. order issued in 1994 mandating Kannada or the

mother tongue as the compulsory medium of instruction in all primary

schools classes (I-V)state wide, is violative of the fundamental rights of the

promoters\owners of 11,954 unaided or independent primary schools in

Karnataka. Therefore the order was quashed by a full Bench of the high

court in 2008. “The judgment clearly states that every citizen has the right

to select the medium of their choice.” Judgment of the full Bench was

challenged by the government in the Supreme Court. In July 2008 the

Karnataka High Court had directed the state government to permit English

medium schools. Similar cases arose from different parts of the country. The

All India Anglo Indian Association fought legal battles in all cases. English

being the chief identifying mark of the Anglo Indians, any fight for its

protection is both language- development oriented and language-survival

oriented. In T.M.A. Pai Foundation And Ors v Union India34 it was held that

promoters of educational institutions are exercising their fundamental

rights to engage in an “occupation “under Article 19 (1)(g) and that

establishing and administering an educational institution is a legitimate

occupation. J. Kumar observed that “it is implicit in the said right to

establish an educational institution, the right of a citizen to choose the

medium of instruction in which knowledge is to be imparted”.

The government restriction on the usage of English in the public school

system would adversely affect the effective functioning of the schools and

the morale of the community. Moreover the western oriented education

system run by the Anglo Indians become unaffordable to the members of the

community. Thus the community faces two important issues on the one side

the government interference and opposition from the side of the political

parties and majority communities which generates fear, anguish and crisis

among the rank and file of the community. For the establishment of the

unquestionable constitutional rights they have to spend their time and

energy for frequent litigations and settlements. The second problem is the

ever increasing cost of education. The community runs the Anglo Indian

schools at various parts of the country primarily for the training of their own

members but they cannot afford to send their children to such schools. In

many Anglo Indian schools the Anglo Indian enrolment is very low.35

The constitutional guarantee for the establishment of a school system

for the development of the community is something sacred to be observed.

Since they rarely speak the vernacular language in a flair manner, any move

on the infringement on the freedom in the use of English will be fatal.36

Their distinct entity shall not be threatened by nationalism or all India

feeling.

Language policy in India has tailored itself to the changing demands

and aspirations of people over the period of time from 194737 to the

present.38 The question of a national language – which was wisely addressed

during the formative years of independence by not declaring any language

as the national language – has now been permanently settled. English today

is almost a compulsory second language.

Conclusion

The constitutional makers laid down irrevocable protection to this

ethnic group by way of various constitutional provisions discussed above.

But in fact all the efforts failed to make the desired result. The presence of

the representatives of the community in the Lok Sabha or the assembly has

been a boon to the deplorable community. However, many of the members

nominated to the legislative bodies across the country found themselves

helpless to articulate the needs of the community in the floor of the House.

Moreover the nominated members are not answerable to the community and

they assume office not by way of a plebiscite and the stress and strain of an

election. Besides constitutional protection and stipulated nomination, the

preservation of a culture which faces the danger of imminent extinction is

the responsibility of the nation as a whole. Traits and traditions the Anglo

Indian culture has its innate beauty and richness which is something to be

protected and enriched for the opulence of the cultural synthesis of our

great country.

Notes and References

1 Coralie Younger, Anglo-Indians, neglected children of the Raj, p. 146

2 Noel Pitts Gist, ‘Cultural vs. social marginality: the Anglo-Indian case’,

Phylon, vol. 28, pp. 261-275.

3 Esther Mary Lyons, Unwanted!: Memoirs of an Anglo-Indian Daughter of

Rev Michael Delisle Lyons of Detroit, Michigan, p.87.

4 Kumar Suresh Singh & B. G. Halba, People of India Karnataka, p.353.

5 Gloria Jean Moore, The Anglo-Indian Vission, Melbourne, 1986, p.4.

6 Gaikwad, V. R., The Anglo-Indians: a study in the problems and processes

involved in emotional and cultural integration, p.24.

7 Owen Snell, Anglo-Indians and their future. p. 14.

8 Within a decade the British passed three orders targeting the Anglo

Indians. The first one was in 1786 which prohibited the wards of the

Upper Orphanage School at Calcutta from proceeding to England to

complete their education to qualify for the covenanted services.

The second order was passed in 1791 by which the Indian born Children

of Britishers were prohibited from being employed in the civil, military

and marine services of the company.

The third order of 1795 prevented the employment of all persons not

descended from European parents on both sides in the army except as

fifers, bandsmen, and drummers

9 Ibid

10 Noel Pitts Gist & Roy Dean Wright, Marginality and Identity: Anglo-

Indians as a Racially- mixed Minority in India, p. 38.

11 D’Souza, A. A., Anglo-Indian education: a study of its origins and growth

in Bengal up to 1960. p.

12 Evelyn Abel, The Anglo – Indian Community: Survival in India, p. 19.

13 Corlie Younger, Anglo-Indians, Neglected children of the Raj, p.12.

14 Herbert Alick Stark, The call of the blood: or, Anglo-Indians and the Sepoy

mutiny, p.49

15 W. B. Vasantha Kandasamy, Florentin Smarandache and K. Kandasamy,

Reservation for Other Backward Classes in Indian Central Government

Institutions Like Its, Iims and Aimms: A Study of the Role of Media Using

Fuzzy Super Frm Models, p.212.

16 Quentine Acharya, The Way We Were: Anglo-Indian Chronicles, p. 40.

17 Sumeet Jain, ‘Tightening India’s “Golden Straitjacket”: How pulling the

straps of india’s job reservation scheme reflects prudent economic

policy’, 8 Wash. U. Glob. Stud. L. Rev. 567(2009).

18 Winifred Crum Ewing, Willem Adriaan Veenhoven and Stitching Plurale

Samenlevingen, Case Studies on Human Rights And Fundamental

Freedoms: A World Survey, Volume 2, p. 175.

19 Bridget White, Kolar Gold Fields - Down Memory Lane: Paeans to Lost

Glory!, p.65.

20 Subodh Kapoo, The Indian Encyclopaedia, Volume 1, p.1553.

21 Data gathered from a personal interview: Anil D’silva, Ernakulam.

22 Mixed Portuguese and Indian.

23 National Committee for Xth International Congress of Anthropology and

Ethnological Sciences, Xth International Congress of Anthropological and

Ethnological Sciences, India, December 10 to 21, 1978, Volume 1.

24 Clive Dewey, Anglo-Indian Attitudes: Mind of the Indian Civil Service,

p.153.

25 Wright, R & Wright, S 1971, ‘The Anglo-Indian community in

contemporary India’, Midwest Quarterly; vol. 12, no. 2, pp. 175-185.

26 Tenth Lok Sabha Member’s profile, Lok Sabha Archives, New Delhi

27 Glenn D’Cruz, Midnight’s Orphans: Anglo-Indians in Post/Colonial

Literature, p.189.

28 S. Bhattacharya, Philosophical Foundation of Education, Part 1, p.15.

29 Mr. Anthony’s Presidential Address, The Anglo-Indian Review, 57:39

(November-December; 1966).

30 Blair R. Williams, Anglo-Indians: Vanishing Remmants of a Bygone Era:

Anglo-Indians in India, North America, and the UK in 2000, p.151.

31 Amy B.M. Tsui and James W. Tollefson, Language Policy, Culture, and

Identity in Asian Contexts, p.187.

32 Noel Pitts Gist & Roy Dean Wright, Marginality and Identity: Anglo-

Indians as a Racially- mixed Minority in India, p.132.

33 KAMS vs. State of Karnataka & Ors (Writ Petition No. 14363/1994).

34 2002 8 SCC 481.

35 Noel Pitts Gist & Roy Dean Wright, Marginality and Identity: Anglo-

Indians as a Racially- mixed Minority in India, p.119.

36 Blair R. Williams, Anglo-Indians: Vanishing Remmants of a Bygone Era:

Anglo-Indians in India, North America, and the UK in 2000, p.136.

37 Heinrich Mario Nink, English in India: History, features and users, p.7-8.

38 James W. Tollefson, Language Policies in Education: Critical Issues,

p.165.