The National Commission for Minorities (NCM) is an autonomous statutory body established in 1992 under the National Commission for Minorities Act. The NCM aims to safeguard the rights and welfare of minority communities. It advises both central and state governments on minority issues.
Historical Background
The NCM’s formation was rooted in a 1978 resolution by the Ministry of Home Affairs. Initially, a Minorities Commission was set up, which later evolved into the NCM in 1992. The first statutory commission was formed in 1993, recognising five religious communities – Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis). In 2014, Jains were added to this list.
Minority Communities in India
According to the 2011 Census, six religious communities constitute approximately 20% of India’s population. The breakdown is as follows:
- Muslims – 17.22 crores (14.2%)
- Christians – 2.78 crores (2.3%)
- Sikhs – 2.08 crores (1.7%)
- Buddhists – 0.84 crores (0.7%)
- Jains – 0.45 crores (0.4%)
- Parsis – Approximately 57,000 (not included in Census)
Constitutional Provisions for Minorities
The Constitution of India provides several safeguards for minorities:
- Article 29: Protects the interests of minorities and their right to conserve distinct language, script, or culture.
- Article 30: Grants minorities the right to establish and administer educational institutions.
- Article 347: Addresses special provisions relating to languages spoken by sections of the population.
- Article 350: Establishes a Special Officer for Linguistic Minorities.
- Article 350A: Provides for facilities for instruction in the mother-tongue at the primary stage.
Composition of the NCM
The NCM comprises:
- One Chairperson
- One Vice-Chairperson
- Five Members
All members are nominated by the Central Government, with a requirement that at least five members, including the Chairperson, belong to minority communities. Each member serves a term of three years.
Functions and Responsibilities
The NCM has various functions as per Section 9 of the NCM Act:
- Evaluate the progress of minority development.
- Monitor the effectiveness of constitutional safeguards.
- Make recommendations for minority protection.
- Address specific complaints regarding minority rights.
- Conduct studies on socio-economic issues affecting minorities.
- Provide periodic reports to the government on minority issues.
Powers of the NCM
The NCM possesses powers akin to a civil court:
- Summon and enforce attendance of persons.
- Require the production of documents.
- Receive evidence on affidavits.
- Request public records from courts or offices.
- Issue commissions for witness examination.
Government Responsibilities
The Central Government must present the NCM’s reports to Parliament. It must also explain actions taken on recommendations. Similarly, state governments must report to their legislatures.
Challenges Faced by the NCM
The NCM encounters several limitations:
- Human Resource Deficiency: Inconsistent staffing and appointments hinder effectiveness.
- Limited Role of State Commissions: Lack of integration reduces case processing capacity.
- Technological Underutilisation: Basic complaint monitoring systems do not streamline processes.
- Financial Constraints: Insufficient budget allocation for research activities.
- Legal Limitations: The NCM’s decisions can be overturned by higher courts.
Recommendations for Improvement
To enhance the NCM’s functioning, several recommendations have been proposed:
- Performance Measurement: Implement outcome-based assessments for accountability.
- Baseline Targets: Set targets to manage case pendency effectively.
- Feedback Mechanisms: Create surveys for stakeholders to provide anonymous feedback.
- Technological Upgrades: Invest in e-hearing systems for remote access to hearings.
- Strengthen State Commissions: Establish and empower state-level minority commissions.
Key Points
The NCM’s historical evolution includes:
- 1978 – Proposal for a Minorities Commission.
- 1984 – Commission moved under the Ministry of Welfare.
- 1992 – NCM Act established the NCM as a statutory body.
- 1993 – First statutory commission formed.
- 2014 – Jains recognised as a minority community.
Legal Framework Related to Minorities
The NCM Act defines a minority as a community notified by the Central Government. The six recognised religious minorities are:
- Muslims
- Christians
- Sikhs
- Buddhists
- Zoroastrians (Parsis)
- Jains
The National Commission for Minority Educational Institutions (NCMEI) Act of 2004 grants minority status to educational institutions based on these communities.
Constitutional Articles Relevant to Minorities
The Constitution of India does not explicitly define “minority.” However, it acknowledges religious and linguistic minorities. Key articles include:
- Article 15: Prohibits discrimination on various grounds.
- Article 16: Ensures equality of opportunity in employment.
- Article 25: Guarantees freedom of religion.
- Article 26: Allows religious denominations to manage their affairs.
- Article 29: Protects the rights of citizens to conserve their culture.
- Article 30: Grants rights to minorities to establish educational institutions.
- Article 350-B: Provides for a Special Officer for Linguistic Minorities.
Observance of Minorities Rights Day
The NCM observes Minorities Rights Day on 18 December each year. This day commemorates the adoption of the “Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities” by the United Nations in 1992.
