JAMIA MILLIA ISLAMIA

FACULTY OF LAW
ASSIGNMENT TOPIC: Human Rights of Minorities in India
SUBMITTED to. : Dr. Momin Noorjahan Shamim Ahmed
SUBMITTED BY.: Rizwan Ahmed
Roll no. 47
Index
1. Abstract
2. Introduction
3. Backgrounds
4. Indian constitution and legal framework
5. Types of minorities in India
6. Minorities face challenges
7. Judicially decisions
8. Legislations
9. Conclusion
10. Bibliography
ABSTRACT
The human rights of minorities in India are safeguarded by the Constitution, which
ensures equality, non-discrimination, and freedom of religion. Minority groups,
including religious, linguistic, and marginalized communities such as Muslims,
Christians, Sikhs, and Scheduled Castes/Tribes, face challenges like social exclusion,
discrimination, and communal violence. Despite government initiatives, such as
affirmative action and welfare schemes, issues of marginalization persist. Judicial
interventions have shaped the legal framework, though religious tensions and
majoritarian politics present ongoing challenges. Internationally, India is committed to
human rights treaties, though it faces criticism regarding minority treatment. The role
of civil society remains crucial in advocating for equality and justice, with a focus on
fostering inclusion and protecting the rights of all minority communities.

INTRODUCTION
India is a multicultural country with many languages, cultures, and faiths. All Indian
people, including minorities, have their human rights protected by the Constitution,
which guarantees equality, religious freedom, and anti-discrimination. To protect their
cultural, educational, and religious rights, minority groups including Muslims,
Christians, Sikhs, and linguistic minorities are given particular protections. Minorities
in India nevertheless have to deal with issues like discrimination, communal violence,
and socioeconomic exclusion despite these safeguards. The nation keeps changing,
striking a balance between attempts to address the intricacies of its heterogeneous
society and constitutional safeguards.

BACKGROUND OF HUMAN RIGHTS MINORITIES IN INDIA

The historical context of minority rights in India is shaped by its colonial past and post-
independence trajectory. Under British colonial rule, the "divide and rule" policy
exacerbated divisions among religious and ethnic groups, leading to tensions between
Hindus and Muslims, particularly during the Partition of 1947. This event had a
profound impact on minority rights, as millions were displaced, and communal
violence surged.

Post-independence, India's leaders sought to build an inclusive democracy, embedding

minority protections in the Constitution. Key provisions such as Articles 29 and 30
were included to safeguard cultural and educational rights, particularly for religious
and linguistic minorities.

However, tensions persisted, including the rise of communalism and caste-based

discrimination. The government introduced affirmative action programs and legal
protections, but challenges like religious violence, identity struggles, and
marginalization continued. Over time, judicial interventions and civil society
movements have significantly addressed these issues and shaped the discourse on
minority rights in modern India.

INDIAN CONSTITUTIONAL AND LEGAL FRAMEWORK

The constitutional and legal framework for the human rights of minorities in India is
anchored in the Indian Constitution, which enshrines fundamental rights and specific
protections to promote equality and safeguard the cultural, religious, and educational
interests of minority communities.

Fundamental Rights1 are central to this framework, with several key provisions:

• Article 14 guarantees equality before the law, ensuring that all individuals,
including minorities, are treated equally.
• Article 15 prohibits discrimination on the grounds of religion, race, caste, sex,
or place of birth, providing a protective umbrella for minority groups.
• Article 16 ensures equality of opportunity in public employment, facilitating
access for marginalized communities.
• Article 21 guarantees the right to life and personal liberty, applicable to all
citizens.

Additionally, specific protections for minorities are detailed in several articles:

• Article 25 ensures the freedom of conscience and the right to profess, practice,
and propagate religion.
• Article 29 protects the cultural and educational rights of minorities, allowing
them to conserve their language, script, and culture.
• Article 30 grants minorities the right to establish and administer their own
educational institutions.

The Directive Principles of State Policy2 further reinforce these rights, particularly
Article 46, which mandates the state to promote the educational and economic interests
of weaker sections, including minorities.

To monitor and protect these rights, the National Commission for Minorities Act, 1992
3
established the National Commission for Minorities (NCM), tasked with safeguarding
minority interests and addressing grievances.

1
India Const. art. 14-35
2
ibid
3
National Commission for Minorities Act, 1992
Judicial interventions have also been pivotal, with courts interpreting constitutional
provisions and delivering landmark judgments that shape minority rights.

Despite these comprehensive legal protections, the practical implementation of these

rights faces challenges, including socio-political tensions and discrimination,
necessitating ongoing efforts to ensure the effective realization of minority rights in
India.

TYPES OF MINORITIES IN INDIA

In India, the term "minorities" encompasses various groups defined by religion,

language, and social status, recognized for their unique cultural identities. The
Government of India identifies religious minorities primarily, which include
Muslims, Christians, Sikhs, Buddhists, Jains, and Parsis (Zoroastrians). According to
the Ministry of Minority Affairs, Muslims constitute the largest religious minority,
followed by Christians and Sikhs.

In addition to religious minorities, linguistic minorities are also significant in the Indian
context. The Constitution of India recognizes languages as a key aspect of identity,
providing protections for speakers of languages other than Hindi and English. The
Eighth Schedule of the Constitution lists 22 languages, and states are encouraged to
promote the use of these languages in official communication and education.

Scheduled Castes (SCs) and Scheduled Tribes (STs)4 are also recognized as minorities
in specific contexts, given their historical marginalization. The government provides
affirmative action and reservations for these groups in educational institutions and
public employment to uplift their socio-economic status.

The National Commission for Minorities and the National Commission for
Scheduled Castes and Scheduled Tribes work towards safeguarding the rights of
these groups, promoting their interests, and addressing grievances. The Indian
government implements various schemes aimed at the educational and economic
development of these minorities, including scholarships, financial assistance, and skill
development programs.

Overall, the recognition of diverse minorities in India reflects the country's

commitment to maintaining its pluralistic society. However, challenges remain in
ensuring the effective implementation of rights and protections for these groups,
necessitating continuous efforts toward equality and social justice.

4
Constitution of India
MINORITIES FACED CHALLENGES IN INDIA

Minorities in India face a myriad of challenges that significantly impact their social,
economic, and political well-being. Despite constitutional protections, these groups
often encounter systemic discrimination, social exclusion, and violence.

One of the most pressing issues is communal violence and social tensions. Religious
minorities, particularly Muslims, have been subjected to violence and discrimination in
various parts of the country. The 2013 Muzaffarnagar riots and the 2019 violence in
Delhi are stark examples where communal tensions escalated into large-scale violence,
resulting in loss of life and property. Reports from human rights organizations,
including the National Human Rights Commission5, indicate that such violence is
often fueled by political narratives that seek to polarize communities.

Another significant challenge is economic marginalization. Many minority

communities experience high levels of poverty and unemployment. According to the
Socio-Economic Caste Census (SECC) 2011,6 minorities such as Muslims and
Scheduled Castes are disproportionately represented among the poorest segments of
the population. Limited access to quality education and vocational training perpetuates
this cycle of poverty, restricting opportunities for upward mobility.

Discrimination in employment is also prevalent. Many employers harbor biases against

minority candidates, leading to underrepresentation in both the public and private
sectors. The Government of India’s 2019 report 7highlighted that minorities,
especially Muslims, face hurdles in accessing jobs despite possessing qualifications.
This discrimination can stem from both overt prejudice and systemic barriers that
inhibit their participation in the workforce.

Education remains a critical area of concern. While there are provisions for
scholarships and reservations, educational institutions in some regions are not always
inclusive or sensitive to the needs of minority students. The Annual Status of
Education Report (ASER) 2019 revealed that children from minority backgrounds
often face higher dropout rates, exacerbating their vulnerability.

Moreover, political representation is often inadequate. Although there are

mechanisms for representation, minorities are frequently underrepresented in
legislative bodies. This lack of representation hampers their ability to influence policies
that directly affect their communities.

Lastly, identity politics and the rising tide of nationalism pose existential threats to
minority communities. The introduction of laws such as the Citizenship Amendment

5
National human rights commission
6
Socio-Economic Caste Census (SECC) 2011,
7
Government of India’s 2019 report
Act (CAA) 8has sparked widespread protests and debates about citizenship and
identity, raising fears among minorities about their status and rights in the country.

the challenges faced by minorities in India are multifaceted, encompassing

communal violence, economic marginalization, discrimination in education
and employment, inadequate political representation, and rising nationalism.
Addressing these issues requires concerted efforts from the government, civil
society, and the broader community to ensure that the rights and dignity of all
citizens are upheld.

JUDICIAL DECISION

In India, various landmark case laws have significantly shaped the rights and
protections of minorities, reflecting the judiciary's role in upholding constitutional
provisions. Here are some notable cases:

1. Shah Bano Case (1985)9 The Supreme Court ruled that a Muslim woman is entitled
to maintenance under Section 125 of the Criminal Procedure Code, irrespective of
personal laws. This landmark judgment emphasized the need for gender justice and the
applicability of secular laws over personal laws, thereby reinforcing the rights of
women in minority communities.

2. S.R. Bommai v. Union of India (1994)10The Supreme Court examined the issue of
the dismissal of state governments under Article 356. It ruled that the imposition of
President’s Rule should not be based on the majority community's views but should
respect the rights of all citizens, including minorities. This case highlighted the
importance of secular governance and the need to protect minority interests.

3. M.C. Mehta v. Union of India (2003)11

In this case, the Supreme Court ruled in favour of protecting the environment and the
rights of displaced communities, including minorities, ensuring that development does
not come at the cost of marginalized groups. The court underscored the necessity of
considering minority rights in developmental policies.

4. Minerva Mills v. Union of India (1980)12

8
Citizenship Amendment Act (CAA)
9
AIR 1985 SC 945
10
(1994) 3 SCC
11
M.C. Mehta v. Union of India, (2003) 5 SCC 630
12
Minerva Mills Ltd. v. Union of India, (1980) 3 SCC 625
The Supreme Court held that the right to equality (Article 14) and the right to
constitutional remedies (Article 32) are part of the basic structure of the Constitution.
This case reinforced the idea that the rights of minorities must be protected as part of
the fundamental rights framework, emphasizing the judiciary's role in safeguarding
these rights.

5. Gurbaksh Singh Sibbia v. State of Punjab (1980)13

The Supreme Court ruled that the right to life and personal liberty (Article 21) includes
the right to live with dignity. This case set a precedent for the protection of minority
rights, ensuring that state actions do not infringe upon the rights of individuals,
particularly from minority communities.

6. TMA Pai Foundation v. State of Karnataka (2002)14

The Supreme Court recognized the right of minorities to establish and administer
educational institutions under Article 30 of the Constitution. This ruling affirmed that
minorities have the right to manage their educational institutions without undue
interference from the state, thus protecting their cultural and educational rights.

7. I.R. Coelho v. State of Tamil Nadu (2007)15

The Supreme Court ruled that laws violating the rights of minorities cannot be placed
in the Ninth Schedule of the Constitution. This judgment emphasized the need to
uphold the rights of minorities and safeguard them from arbitrary state actions.

8. State of Punjab v Davinder Singh (2024)16

held that sub-classification of Scheduled Castes is permissible to grant separate quotas

for more backwards within the SC categories. The verdict means that States can
identify more backwards among the SC categories and can sub-classify them for
separate quotas within the quota.

LEGISLATION

1. The Constitution of India (1950)17

13
Gurbaksh Singh Sibbia v. State of Punjab, (1980) 2 SCC 565
14
TMA Pai Foundation v. State of Karnataka, (2002) 8 SCC 481
15
I.R. Coelho v. State of Tamil Nadu, (2007) 2 SCC
16
2024 INSC 562 IN THE SUPREME COURT OF INDIA
17
India Const. art. 14-35
The cornerstone of minority rights in India, the Constitution provides a robust
framework that guarantees fundamental rights and specific protections. Key provisions
include:

• Article 14: Guarantees equality before the law and equal protection of the laws,
ensuring that all individuals, including minorities, are treated fairly.
• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or
place of birth, safeguarding minority communities from unjust treatment.
• Article 29: Protects the cultural and educational rights of minorities, allowing
them to conserve their language, script, and culture.
• Article 30: Grants minorities the right to establish and administer educational
institutions, thus promoting their cultural identity.

2. The National Commission for Minorities Act (1992)18

This legislation established the National Commission for Minorities (NCM) to

monitor and safeguard the rights of minorities, ensuring their interests are represented.
The NCM investigates complaints, recommends measures for the welfare of minorities,
and reports on the implementation of policies affecting them, thus promoting
accountability in governance.

3. The Right to Education Act (2009)

This Act aims to provide free and compulsory education to children aged 6 to 14 years,
with a specific focus on marginalized groups, including minorities. By ensuring access
to quality education, the Act upholds the right to education as a fundamental human
right, facilitating social and economic empowerment for minority communities.

4. The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act
(1989)19

While primarily aimed at protecting Scheduled Castes and Scheduled Tribes, this Act
also provides protections for religious minorities who may face discrimination and
violence. It aims to prevent atrocities against these communities, ensuring their rights
to dignity and security.

5. The Muslim Personal Law (Shariat) Application Act (1937)

18
The National Commission for Minorities Act (1992)

19
The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act
(1989)
This Act governs matters of marriage, divorce, inheritance, and maintenance for
Muslims in India, providing a framework for the application of Muslim personal laws.
It recognizes the cultural and religious rights of Muslims, though it has been the subject
of debate regarding gender equality.

6. The Protection of Civil Rights Act (1955)

This legislation aims to abolish untouchability and promote equality for all citizens,
including religious and ethnic minorities. It upholds the principle of non-
discrimination, ensuring that all individuals have equal access to rights and
opportunities.

7. The Minority Educational Institutions (Prohibition of Capitation Fee) Act

(1987)

This Act prohibits the charging of capitation fees in educational institutions run by
minorities, ensuring equitable access to education and safeguarding the interests of
minority communities.

8. The Citizenship Amendment Act (2019)

While controversial, this Act provides a pathway for religious minorities from specific
neighbors countries to gain Indian citizenship. It has raised significant debates
regarding secularism and the rights of Muslim minorities, highlighting the ongoing
complexities in the legal landscape.

CONCLUSION

The human rights of minorities in India are enshrined in a robust constitutional

framework, which guarantees equality, non-discrimination, and the protection of
cultural and educational rights. Despite these legal safeguards, minorities often face
significant challenges, including social exclusion, economic marginalization, and
communal violence. The judiciary has played a vital role in interpreting and upholding
these rights, but the effective implementation of laws remains a critical issue.
Continuous advocacy from civil society and active governmental measures are
essential to ensure that the rights and dignity of minorities are respected and upheld. As
India navigates its complex social fabric, fostering an inclusive society that honours the
rights of all citizens, irrespective of their identity, is crucial for sustaining democracy
and social harmony. The commitment to safeguarding minority rights reflects not only
on the health of Indian democracy but also on the moral obligation to uphold human
rights for all.
 • BIBLIOGRAPHY

Primarily source

1. Indian Constitution Bare act

2. Government websites

Secondary source

1. Dr. H. O. Agarwal: A Concise book on International Law and Human Rights,

Central Law Publications, Allahabad.
2. Dr. S. R. Myneni: Human Rights, Asia Law House, Hyderabad
3. R. P. Kataria & Salah Uddin: Commentary on Human Rights, Orient Publishing
Company, Allahabad.
4. SCC online
5. LEXI’S NEXIS
6. Indian kanoon
20