HSNC University, Mumbai

D.M. Harish School of Law

Assignment for
Internal Continuous Assessment- 2023

Subject: Constitutional Law - I

Topic: Minority Rights under the

Constitution of India:
Challenges and Way Forward

Submitted by: Himanshu Ashokkumar Doshi

Program: LL. B.
Roll No.: DM FY LL.B. 005
Semester: I
Submitted to: Ms. Shahiza Irani.

Signature of the Faculty

INDEX
 Sr. No. Particulars Page Nos.
1. Preamble 3
Introduction 4.
Definition of Minority 4.
Linguistic Minority 5.
Religious Minority 5.
Constitutional Provisions 5 – 6.
Socio Economic Problems Faced By Minorities 6.
Socio Economic Facilities for Minorities 7
Reservation in Favour of Minority Community 7.
Case Law 7.
Conclusion 8.
Bibliography 8.
Plagiarism Report 9.

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 PREAMBLE

WE THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a

SOVEREIGN, SOCIALIST, SECULAR DEMORATIC REPUBLIC and to secure

to all the citizens;

JUSTICE social, economic, and political;

LIBERTY of thought, expression, belief, faith and worship;

EQUALITY of status and of opportunity and to promote among them all;

FRATERNITY assuring the dignity of the individual and the unity and the

integrity of the nation;

IN OUR CONSTITUENT ASSEMBLY, this 26th Day of November, 1949, do

HEREBY ADOPT, ENACT AND FIVE IT OURSELVES THIS

CONSTITUTION.

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Introduction

India is a large country with a diversified population that speaks many different languages,
practice different religions, and belong to different communities.
India and Indians hold the idea of Unity in Diversity to be true. Everyone must be treated
fairly in order to preserve this oneness. EQUALITY: The Preamble to the Indian
Constitution enshrines this attribute of the country's Supreme law. The Indian Constitution
offers protection to its people through a number of Articles.
As India is a country with diversity, there is the concept of majority and minority groups
living in India.

Definition of Minority

As per the subject topic “Minority Rights under the Constitution of India: Challenges and
Way Forward”, year after year many issues are raised regarding the rights of and duties for
minorities.

"Minority" translates to "Small in Number" in plain English.

A Minority group may comprise of a community of individuals who share the same race,
religion, language, and ethnicity and have come together to maintain their customs while
residing in a certain nation or area.

The Constitution of India, though it provides protection under special provisions to Minority
groups, is silent on what the term “Minority” means under it. The National Commission for
Minorities Act, 1992, in Section 2(c) defines minority as “a community notified as such by
the Central Government.”

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Linguistic Minorities
Groups of people who live in India or any of its territories who speak a unique language or
script are known as linguistic minorities.
The minority group's native tongue does not have to be one of the languages listed in the
Constitution's Eighth Schedule.

Religious Minorities
In India, Muslims, Christians, Sikhs, Jains, Parsis and Budhhists are considered to be
Minorities.
The term minority does not apply only to Religion and language but also to culture,
education, and ethnicity.
Here under, are the Constitutional provisions for the Protection of Rights of Minorities in
India.

Constitutional Provisions

Article 14 of the Constitution says that all the people are equal in the eyes of the law. They
are entitled to Equality before Law and Equal Protection of Law.
Now, one may ask, “Why are there special provisions for Minorities if everyone is equal in
the eyes of law? Why this discrimination? ” The answer lies in the History of our nation. The
people belonging to minority religious groups have faced discrimination and atrocities in the
past. The makers of the Constitution made right the wrongs of the past by laying down
provisions for Minorities. This kind of a discrimination where the rights which were denied
in the past are granted in the present is a “Positive Discrimination.”

Article 15 ‘The State shall not discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth, or any of them.’

Articles 29 and 30
The Indian Constitution guarantees the rights to culture and education in Articles 29 and 30.
Article 29 of the Indian Constitution protects the interests of minority groups. Any
community residing under Indian authority is entitled to the protection and dissemination of
their language, literature, and customs, according to Article 29(1). Refusal to admit students
to state-funded universities on the grounds of race, caste, religion, or language is prohibited
by Article 29 (2).

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No matter a citizen's race or religion, their rights are protected by this article. A key item of
legislation for India's minority groups is Article 30. Minority groups are entitled under

Article 30(1) to establish and manage an educational institution in order to maintain their
cultural identity.

Article 30(2) states that no minority-run academic institution may be subjected to

discrimination by the state when receiving help, regardless of the institution's language or
religion.

Despite the common belief, Article 29 covers more ground than Article 30 because Article
30 only pertains to linguistic and religious minorities, but Article 29 covers all Indian
citizens, including the dominant group. While Article 30 is applicable to both Indian citizens
and non-citizens, Article 29 is only relevant to Indian citizens.

Article 350-B

This article was inserted for the appointment of special officer for minorities by the president
to investigate and carry out activities related to safeguarding the rights of linguistic
minorities.

Socio-Economic Problems Faced by Minorities in India

o Problems of Prejudice and Discrimination:

o The problem of Providing Protection
o Communal Tensions and Riots
o Lack of Representation in Politics:
o Lack of Representation in Higher Services:
o Failure to Stay Strictly to Secularism
o Underrepresentation in Higher Education

.
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Socio-Economic Facilities for Minorities

o Plans, Initiatives, and Programs

The government addresses minority issues by implementing a number of initiatives,
programs, and schemes across the states and UTs.

Reservation In Favour of Minority Community

o Reservation is a system of affirmative action by government of India that provides
representation to historically backward classes in education, employment, government
schemes, health, insurance, scholarships, and politics.
o So that they can represent themselves in society and lives a good life. For the
advancement of their life.

Case Laws:

1) DAV College, Bathinda v. State of Punjab

This case highlights the rights of minority groups to speak in their native tongues in
educational settings. The university mandated that instruction in Punjabi be provided
only in affiliated colleges. The court ruled that minorities are guaranteed the freedom to
create and run educational institutions of their own choosing by virtue of Article 30. This
also includes the right to lessons in their native tongue. The university curriculum
flagrantly violated this right by offering instruction in Hindi instead of their native
tongue, in violation of Article 30(1). Although a university should have the ability to
recommend standards for the skills of its academic staff, minority educational institutions
should nevertheless be in charge of hiring and selecting their own employees.

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 Conclusion

To give the word democracy meaning in a country the size of India, where the population is
made up of many different cultures, ethnicities, religions, identities, etc., it is imperative that
citizens maintain a sense of equality. The fundamental cause of all of this prejudice is the
way that differences are not accepted. To exterminate the population that adopts a new set of
customs, we frequently commit horrible crimes. However, these acts of intolerance have the
potential to turn India from a secular nation into a communal one. And the world refers to
India as having "diversity." When individuals coexist despite their differences, it is
wonderful.

Bibliography
i) www.blog.ipleader.com
ii) www.standuphumanrights.cim
iii) www.india.gov.in

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Plagiarism Report