Recently, the seven-member National Commission for Minorities (NCM) has been in the news due to its dwindling membership. The retirement of its vice-chairperson and the continued vacancy of the other five posts since May 2020 has left only one member active in the commission.
Causes of Vacancies in the NCM
The Ministry for Minority Affairs clarified that filling up of the empty spots is in process. The Covid-19 pandemic has been cited as the reason for the delay. However, this isn’t the first instance where vacancies have not been filled promptly in the NCM. In 2017, all seven posts stayed vacant for over two months.
Recommendations for Strengthening the NCM
In 2004, the standing committee on social justice and empowerment, under Sumitra Mahajan’s leadership, proposed specific recommendations to bolster the NCM. The focus was mainly on augmenting the insufficient investigative powers of the commission. Regrettably, these proposals were not acted upon by the government then in power.
The Invisible Reports
Another issue of concern is that the reports tabled by the NCM are rarely deliberated upon, regardless of the ruling government. The NCM Act, 1992, Section 13 mandates that the annual report, including an action memorandum based on the recommendations and reasons for non-acceptance of suggestions, should be tabled annually before Parliament. Disappointingly, these reports have not seen the inside of the Parliament since 2010.
NCM’s Genesis and Evolution
The origin of NCM dates back to 1978, when the Minority Commission (MC) was envisaged in a resolution by the Ministry of Home Affairs. Initially attached to the Ministry of Home Affairs, the MC was later placed under the newly established Ministry of Welfare in 1984. Eventually, in 1992, with the enactment of the NCM Act, 1992, the MC evolved into a statutory body and was renamed as the NCM.
Composition and Tenure
The NCM comprises a Chairperson, a Vice-Chairperson, and five members – all nominated from amongst the minority communities by the Central Government. The tenure of each member lasts for three years from the date they assume office.
Key Functions of the NCM
The main duties of the NCM involve evaluating minority development progress, monitoring safeguards for minorities, implementing recommendations for effective safeguarding of minority interests, handling specific complaints regarding minority rights deprivation and conducting studies into problems resulting from discrimination against minorities. The NCM also plays a crucial role in investigating incidents of communal conflict and riots.
Legal and Constitutional Provisions Related to Minorities
The NCM Act defines a minority as “a community notified as such by the Central government.” Six religions are recognised as religious minorities in India by the Government of India. The term “minority” is not defined in the Indian Constitution but it acknowledges religious and linguistic minorities. Several articles in the constitution offer various protections to these minorities.
