Minorities and Human Rights

Introduction -
The term "minority" has its roots in the Latin word "minor," meaning "lesser," and refers to groups or
communities that are underrepresented in society due to their social, political, or economic standing.

Minority group -
A minority group refers to a distinct social or ethnic collective that differs in certain characteristics
from the predominant cultural or ethnic configuration within a given population. It is a common
misconception that the size of a minority population correlates directly with its status within the
broader community but it can be better defined by the relative influence and privileges afforded by the
prevailing social structure rather than mere population percentages. As in case of TMA Pai
Foundation v. State of Karnataka (2003) the Supreme Court considered factors for designating a
group as a minority based on regional demographics rather than total national population.
Specifically, the Court addressed guidelines for:
I)Determining minority status based on the population of a particular region, not just
nationwide numbers.
II) Establishing educational institutions intended to serve minority communities.
III) Operating non-profit educational facilities to benefit minority groups.
IV) Ultimately, the Supreme Court ruled that religious or linguistic minorities must be evaluated
according to the demographics of their local area, not at the national level.
V) Regional population is the determining metric for according protections and benefits reserved for
minorities.

United Nations Commission on Human Rights,1950 had defined Minorities as those communities
other than the ruling national community, who want to have a language, religion or race different from
the language, religion and race of the national community and they should be essentially sufficient in
number and be faithful to the nation in which they live.

Minority as per the Constitution of India

The Indian Constitution guaranteed to minorities all necessary rights and freedoms but have no
where defined the expression "Minority". The Motilal Nehru Report (1928) showed a prominent
desire to afford protection to minorities, but did not define it. The Sapru Report (1945) also made a
Minorities Commission but did not define Minority. The “Special Statutes Relating to Minorities”
section of Part XIV, including Articles 292-301, was created by the constitutional Drafting Committee
in 1948 and contained several provisions and legislations.

In the judgment of re Kerala Education Bill, the Supreme Court held that the meaning of the term
minority can be construed to a "community which is less than 50% of the total population" in a defined
area.

In D.A.V. College v. State of Punjab, it was held that Hindus even though they are majority in the
nation, can be treated as a minority in State of Punjab for the purpose of conserving their language
under Article 29 of the Constitution. Hence, religious or linguistic minority status should be construed
in relation to the legislation which is sought to be impugned, in case of state legislature, according to
the state population.

Constitutional Provision
Under the Constitution of India, there are various provisions to safeguard the rights of minorities.

Article 14 and 15
The Indian Constitution provides fundamental rights for all citizens to equality before the law and
equal protection under the law. Article 14 specifies that the State shall not deny any person equality
before the law or equal protection of the laws within the territory of India on grounds of religion, race,
caste, sex, or place of birth.
And Article 15 prohibits the State from discriminating against any citizen on the sole basis of religion,
race, caste, sex, place of birth, or any of these attributes.

Article 29 and 30
The right of all communities residing in India should be preserve and develop their distinctive
language, script, or culture and discrimination in admitting students to educational institutions
maintained by the state or receiving state assistance based on race, caste, religion, or language is
prohibited.
Any religious and linguistic minority communities possess the right to establish and administer
educational institutions of their choice to preserve their own culture. When the state provides financial
aid to educational institutions and assistance cannot be denied to any institution just because it is
under minority administration or teaches a distinct religious or language curriculum.

Article 38 and 39
The government can establish public stability based on justice—social, financial, and political to
promote the prosperity of individuals and to reduce disparities in wealth, prestige, and opportunity.
And free legal aid and equitable justice in different dimensions.

Article 46
The government has the authority to take the necessary steps that are essential to promote the
economic and educational progress of the weaker parts of the population and to safeguard them from
social inequality and oppression.

Article 350 B
It provide provision relating to Special Officer for Linguistic minorities in India.

Legislative Provision
1.The National Commission for Minorities Act, 1992
The National Commission for Minorities (NCM) was established to protect and promote the rights of
religious minorities in India. The NCM actively monitors and investigates issues related to minority
communities and makes necessary recommendations for their welfare.

2.Rang Nath Mishra commission On Minorities

In October 2004 Government of India appointed The Justice rang Nath Mishra Commission for
Religious and Linguistic Minorities. The commission has presented its report and made many
recommendations to the centre for providing reservation to Muslims, Scheduled Caste, and Other
backward classes, in Government Jobs. The commission Submitted its final report to the government
in may 2007.

3.The Protection of Civil Rights Act, 1955

Under this Act, preventing individuals from accessing public places of worship and water resources
based on their caste was made punishable by law. By outlawing caste-based discrimination and
guaranteeing equal access to public services and spaces, the Protection of Civil Rights Act was a
landmark step towards establishing an inclusive society based on the principles of equality, justice
and fraternity enshrined in the Indian Constitution.

4.The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 aims to prevent
atrocities against members of the Scheduled Castes and Scheduled Tribes communities in India.The
Act aims to protect marginalized communities from atrocities and discrimination through preventive
and punitive measures enshrined in a robust legal framework with exclusive special courts and
prosecutors.
 Indigenous People and Human Rights
Introduction -
Indigenous peoples, also referred to as aboriginal peoples, native peoples, first peoples, tribal
peoples, are the descendants of those who inhabited a given region, country, or continent prior to
colonization or establishment of state boundaries by other external political powers.

Indigenous people -
Indigenous people maintain a distinct cultural and national identity that is separate from the dominant
cultures that developed as a result of colonization or other external influences. Indigenous peoples
have an ancestral link to cultural groups that inhabited a region prior to the arrival of colonists or
immigrants.

International Recognition and Protection of Indigenous People -

Over the past several decades, significant progress has been made towards formally recognizing and
protecting the rights of indigenous peoples through international conventions, declarations, and
United Nations bodies.

The Vienna Declaration of 1993 called upon all nations and international organizations to respect
and safeguard the human rights of indigenous populations based on principles of equality and non-
discrimination. It underscored the importance of preserving indigenous identities, cultures, traditions,
and social structures.
The UN Working Group on Indigenous Populations helps establish international norms and policies.
The Special Rapporteur independently investigates alleged violations and communicates findings to
member states.
Additionally, the Permanent Forum on Indigenous Issues reports annually to the Economic and Social
Council on related topics beyond only human rights.

United Nations Declaration on the Rights of Indigenous Peoples (2007)

It was adopted by the UN General Assembly in 2007. Main provisions of the Declaration are as
follows:
1. Indigenous peoples have the right to the full and effective enjoyment of all human rights and
fundamental freedoms recognized in the Charter of the United Nations, the Universal Declaration
of Human Rights and International Human Rights Law. (Article 1).
2. Indigenous individuals and peoples are free and equal to all other individuals and peoples in
dignity and rights, and have the right to be free from any kind of adverse discrimination, that in
particular based on their indigenous origin or identity. (Article 2).
3. Indigenous peoples have the right of self- determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural development.
(Article 3).
4. Every indigenous individual has the right to a nationality. (Article 6).
5. Indigenous peoples have the collective right to live in freedom, peace and security as distinct
peoples. (Article 7).
6. Indigenous peoples and individuals have the right to belong to an indigenous community or
nation, in accordance with the traditions and customs of the community or nation concerned.
(Article 9)
7. Indigenous peoples shall not be forcibly removed from their lands and territories. (Article 10).

Constitutional Provisions
The Constitution of India provides various protections and provisions for India's Scheduled Tribes and
Scheduled Castes.
Article 164(1) grants states the authority to establish dedicated ministries focused specifically on
tribal and scheduled caste affairs. This ensures these communities have a voice within state
governments advocating for their rights and needs.
Articles 243, 330, and 334 outline the guidelines for reserving seats for Scheduled Tribes and
Scheduled Castes in the Lok Sabha, the lower house of the Indian parliament, as well as in
Panchayats, India's local self-government institutions. Reservation of political seats helps members of
these communities gain representation and have a role in the democratic process.

Article 244 deals specifically with the administration of tribal areas within states. It recognizes these
regions may require dedicated focus and customized governance that respects local traditions and
promotes development.

Article 244-A empowers parliament to form autonomous states comprised of tribal regions in the
state of Assam. It also grants the authority to create local legislatures or councils of ministers for such
areas.

Article 275 enables parliament to make financial grants to states intended for the welfare and
upliftment of Scheduled Tribes.
Overall, these provisions in the constitution aim to protect the rights of India's indigenous and
historically disadvantaged communities through political representation, customized self-governance,
and targeted financial support.

Various Acts in Place to Protect Indigenous Populations -

The Scheduled Tribes and Scheduled Castes (Prevention of Atrocities) Act of 1985 aims to
safeguard indigenous tribal communities from discrimination and provide recourse against inhumane
treatment. The Act protects vulnerable tribal groups from abuse of power and ensures their basic
dignity and rights are respected within Indian society.

Scheduled Tribes Bonded Labor Abolition Act of 1976 - this Act targets the exploitation of tribal
laborers. The Act seeks to abolish practices of bonded labor that can entrap indigenous workers in
systems of inadequate wages or compensation for their difficult work.

Forest Conservation Act of 1980 - This Act establishes that forest lands inhabited by tribal
populations holding traditional use rights cannot be converted to industrial use without careful review
and alternative provisions for affected groups. As forests are home to many indigenous peoples, the
law works to preserve their habitat and way of life against other development priorities that could
displace communities.

Overall, these Acts work in tandem to uphold the rights of scheduled tribes and prevent
discrimination, exploitation, and the loss of lands and livelihoods for vulnerable indigenous
populations in India.