The National Commission for Minorities in India recognizes World Minorities Rights Day every year on the 18th of December, a day adopted by the United Nations in 1992 to honor individuals’ rights to their religious or ethnic identities. This recognition involves embracing the diversity of religions and languages within the country, which is home to many minority communities encompassing Muslims, Christians, Sikhs, Buddhists, Parsis (Zoroastrian), and Jains.
Definitions and Demographics
The National Commission for Minorities Act, enacted in 1992, defines a minority as “a community notified as such by the Central government”. This definition, however, is not just confined to religious differences but is also related to language, according to the Supreme Court ruling in the TMA Pai Foundation vs. State of Karnataka case (2002). The court stated that a minority, either linguistic or religious, should be identified based on the demographics of a specific state, rather than the entire country’s population.
Constitutional Provisions for Minority Rights
While the Indian Constitution does not directly define “minority,” it does recognize religious and linguistic minorities. Article 29 emphasizes that citizens with distinct language, script, or culture have the right to preserve it, irrespective of whether they are a minority or majority. Article 30 ensures that all minorities can establish and manage educational institutions as per their choice.
Furthermore, Article 350-B, inserted into the constitution through the 7th Constitutional Amendment Act in 1956, allows for a Special Officer for Linguistic Minorities appointed by the President of India.
National Commission for Minorities: Origin and Composition
The National Commission for Minorities (NCM) was formally constituted in 1992 under the NCM Act. In 1993, it established its first Statutory National Commission, recognizing Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis) as minority communities. By 2014, the Jain community was also recognized as a minority group.
The NCM comprises seven people, including a Chairperson, a Vice-Chairperson, and five members, all from identified minority communities. These individuals are nominated by the Central Government based on their eminence, capability, and integrity, each serving for a tenure of three years.
Role and Functions of the NCM
The core functions of the NCM include evaluating minority development in Union and States, monitoring constitutional and legal safeguards for minorities, and implementing programs specifically designed for minority communities. The NCM also probes into matters of communal conflicts and riots.
In particular, the National Commission for Minority Education Institution (NCMEI) Act, 2004, allows educational institutions to attain minority status, ensuring that they benefit from programs such as the Prime Minister’s 15-point programme. The NCM strives to rectify any deprivation of rights and safeguards of minorities by addressing complaints and liaising with relevant authorities.
Despite existing challenges, the consistent efforts of the NCM and constitutional safeguards support the protection and promotion of minority rights in India, enhancing inclusivity and diversity in the country.