Minority Communities in India, Minority Rights, Issues and Challenges

of Minority Communities of India

IT was pointed out at the outset that our Constitution, being consecrated by the ideals of equality and
justice both in the social and Political fields, abolishes any discrimination either against or in favour of
any class of persons on the grounds of religion, race or place of birth. It is in pursuance of this ideal that
the Constitution did away with communal representation or reservation of seats in the Legislature or in
the offices on the basis of religion.

It would have been a blunder on the part of the makers of our Constitution if, on a logical application of
the above principle, they had omitted to make any special provisions for the advancement of those
sections of the community who are socially and economically backward, for the democratic march of a
nation would be impossible if those who are handicapped are not aided at the start. The principle of
democratic equality (as envisaged in the Preamble to the Constitution), indeed, can work only if the
nation as a whole is brought on the same level, as far as that is practicable. Our Constitution, therefore,
prescribes certain temporary measures to help the backward sections to come up to the same level with
the rest of the nation, as well as certain permanent safeguards for the protection of the cultural,
linguistic and similar rights of any section of the community who might be said to constitute a 'minority'
from the numerical, not communal, point of view, in order to prevent the democratic machine from
being used as an engine of oppression by the numerical majority.

Who are Minority?

The expression “minority” has been derived from the Latin word “minor” and the suffix ‘ity’, which
means “small in number”. Actually the term Minority here means the people who are small in no. as
compare to the people who are resident of country. They maybe of any type like, Religious, Regional, or
any other minority. Minority contribute very small portion of population.

The Constitution of India uses the word ‘minority’ or its plural form in some Articles Article 20 to 30 and
350 A to 350 B, but does not define the word ‘minority’.
Article 29 of the Constitution of India has the word ‘minorities’ in its marginal heading but speaks of
“any section of citizens having a distinct language script and culture”.
However, several Supreme Court judgments have sought to define minority at the state level in term of
protection under Article 30. The SC in TMA Pai Foundation & ors vs State of Karnataka & ors consider
the question of the unit for the purpose of determining the definition of ‘minority’ within the meaning
of Article 30(1). It held that ‘a minority either linguistic or religious is determinable only by reference
to demography of the State and not by taking into consideration the population of the country as a
whole’.
This may be a whole community generally seen as a minority or group within a majority community.
As per clause (c) of Section 2 of the National Commission for Minorities Act,six communities are
declared as minority communities are:-
1) Muslims,

2) Christians,

3) Sikhs,

4) Buddhists

5) Zoroastrians (Parsis) and

(6) Jains

Linguistic minority is relative term and there are different linguistic minorities in different states. At all
India level except who can speak Hindi( 40 percent) all are other are minority languages. Here too
constitution is silent on specific criteria to identify linguistic minority. Thought Hindi is a National
language but it is spoken not in every part of India, it’s canopy decreases as we move from North to
South and east to west it decreases.

Constitution recognises 23 languages as official languages. India dont have national language as it
respects diversity of views and Hindi and English are widely accepted languages.

The term Minority has not been properly defined anywhere in Indian Constitution, but minority status
has been conferred on many groups. Also, the Constitution has tried to secure and protect their affairs
in a broader sense.
Basically, Indian Constitution has made references to Religious as well as Linguistic minorities. Having
said that, I reiterate, Constitution does not explicitly defines what a minority is. Preamble of our
constitution states that India is a Secular country. Thus, every religion is equal, the very religious
demography determines the minority status. Still, they enjoy the same and equal rights.
Article 29 protects the interests of the minorities by making a provision that any citizen / section of
citizens having a distinct language, script or culture have the right to conserve the same, and
Article 30 protects the right of minorities to establish and administer educational institutions whether
based on religion or language.
Fundamental duties , and it’s Article 51A (e) is of special reference to the minorities in India. It states
that,
“It shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood
amongst all the people of India transcending religious, linguistic and regional or sectional diversities”
There is also a provision of Special Officer for Linguistic Minorities under Article 350-B in Part 17 of
Indian Constitution. This officer is appointed by the President and it is a Constitutional post.
Both the religious and linguistic minorities are notified by Government of India. For an example,
Tamilians are a linguistic minority in states other than Tamil Nadu.

Rights of Minority:-
The Constitution of India does not define word ‘minority’. But the rights of minorities provided in the
Constitution of India can be described in the following two heads:
 The ‘Common domain’ rights are those which are applicable to all the citizens of our country.
 The‘Separate domain’ rights are those which are applicable to the minorities only and these
are reserved to protect their identity.
‘Common Domain’ of Minority Rights
 Preamble
o The Preamble to the Constitution declares the State to be ‘Secular’ and this is a special
relevance for the Religious Minorities.
o Equally relevant for them, especially, is the declaration of the Constitution in its Preamble
that all citizens of India are to be secured ‘liberty of thought, expression, belief, faith and
worship’ and ‘equality of status and of opportunity.’
 Fundamental Rights – Part III of the Constitution
o Article 14 of Indian constitution: People’s right to ‘equality before the law’ and ‘equal
protection of the laws’
o Article 15 (1) & (2) of Indian constitution : Prohibition of discrimination against citizens on
grounds of religion, race, caste, sex or place of birth.
o Article 15 (4) of Indian constitution: Authority of State to make ‘any special provision for the
advancement of any socially and educationally backward classes of citizens’ (besides the
Scheduled Castes and Scheduled Tribes).
o Article 16(1)&(2) of Indian constitution: Citizens’ right to ‘equality of opportunity’ in matters
relating to employment or appointment to any office under the State – and prohibition in this
regard of discrimination on grounds of religion, race, caste, sex or place of birth
o Article 16(4): Authority of State to make ‘any provision for the reservation of appointments
or posts in favour of any backward class of citizens which, in the opinion of the State, is not
adequately represented in the services under the State
o Article 25(1): People’s freedom of conscience and right to freely profess, practice and
propagate religion – subject to public order, morality and other Fundamental Rights.
o Article 26: Right of ‘every religious denomination or any section thereof – subject to public
order, morality and health – to establish and maintain institutions for religious and charitable
purposes, ‘manage its own affairs in matters of religion’, and own and acquire movable
immovable property and administer it ‘in accordance with law’.
o Article 27: Prohibition against compelling any person to pay taxes for promotion of any
particular religion’.
o Article 28: People’s ‘freedom as to attendance at religious instruction or religious worship in
educational institutions’ wholly maintained, recognized, or aided by the State.
 Directive Principles of State Policy – Part IV of the Constitution
o Article 38(2): Obligation of the State ‘to endeavour to eliminate inequalities in status,
facilities and opportunities’ amongst individuals and groups of people residing in different
areas or engaged in different vocations.
o Article 46: Obligation of State ‘to promote with special care’ the educational and economic
interests of ‘the weaker sections of the people’ (besides Scheduled Castes and Scheduled
Tribes).
 Fundamental Duties – Part IVA of the Constitution
o Article 51A which is of special relevance for the Minorities stipulates as under :-
i. citizens’ duty to promote harmony and the spirit of common brotherhood amongst all the
people of India ‘transcending religious, linguistic and regional or sectional diversities; and
ii. citizens’ duty to value and preserve the rich heritage of our composite culture.’
‘Separate Domain’ of Minority Rights
 Article 25: Sikh community’s right of ‘wearing and carrying of Kirpans.
 Article 29(1): Right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct language, script or
culture’.
 Article 29(2): Restriction on denial of admission to any citizen, to any educational institution
maintained or aided by the State, ‘on grounds only of religion, race, caste, language or any of
them’.
 Article 30(1): Right of all Religious and Linguistic Minorities to establish and administer
educational institutions of their choice.
 Article 30(2): Freedom of Minority-managed educational institutions from discrimination in
the matter of receiving aid from the State.
 Article 347: Special provision relating to the language spoken by a section of the population
of any State.
 Article 350 A: Provision for facilities for instruction in mother-tongue at primary stage.
 Article 350 B: Provision for a Special Officer for Linguistic Minorities and his duties; and
The Constitution of India, therefore, speaks of Religious and Linguistic Minorities, Scheduled Castes,
Scheduled Tribes and Backward Classes and makes – or leaves room for making – for them special
provisions of various nature and varying import.

Issues and Challenges of Minority communities of India:-

Minorities of India face many problem some of which as follows:-

 Problem of Security

 Problem of Equity

 Problem of Identity

PROBLEM OF SECURITY

Different identity and their small number relative to the rest of the society develops feeling of insecurity
about their life, assets and well-being. Riots of Muzaffarnagar,Gujrat are recent examples. This sense of
insecurity may get accentuated at times when relations between the majority and the minority
communities in a society are strained or not much cordial.

PROBLEM OF EQUITY

This is a major problem which is faced by minorities, they face discrimination in opportunity The
minority community in a society may remain deprived of the benefit of opportunities of development as
a result of discrimination. Because of the difference in identity, the minority community develops the
perception of the sense of inequity.

PROBLEM OF IDENTITY
Because of the differences in socio-cultural practices, history and backgrounds, minorities have to
grapple with the issue of identity everywhere which give rise to the problem of adjustment with the
majority community

BIBLIOGRAPHY:
1. http:www.egazette.nic.in. Govt. of India. Visited at 20 March 2019
2. http:www..gov.in Visited at 20 March 2019
3. National Commission for Minorities. Visited at 20 March 2019
4. http:www.Researchersgate.com Visited at 20 March 2019
5. http:www.Nmdfc. Visited at 20 March 2019