A recent appeal to the Supreme Court, seeking to establish state-wise guidelines for identifying religious minorities, has been dismissed. This plea aimed at recognising Hindus as a minority in States where they compose a smaller proportion of the population. The appeal was grounded in the state-wise identification of linguistic minorities, leading to a call for similar criteria for religious minorities. However, the Supreme Court ruled that while languages are restricted according to states, religion traverses all borders, particularly political ones. Therefore, religion should be considered on a pan-India basis rather than by individual states.
Understanding Minorities in the Indian Constitution
The term “Minority” is not defined in the Indian Constitution. Despite this, the constitution recognises religious and linguistic minorities. It provides certain protections and rights for these groups.
Article 29 allows any section of citizens, residing anywhere in India and having a distinct language, script, or culture, to conserve their uniqueness. This Article offers protection to both religious and linguistic minorities. However, the Supreme Court maintains that the scope of this article isn’t solely limited to minorities, given the usage of the phrase ‘section of citizens’, which would include both the majority and minority groups.
Article 30 grants all minorities the right to establish and manage educational institutions of their choice. However, the protection under Article 30 extends only to minorities (religious or linguistic) and does not expand to any section of citizens unlike Article 29.
Article 350-B, inserted into the Constitution through the Seventh Constitutional Amendment Act of 1956, provides for a Special Officer for Linguistic Minorities appointed by the President of India.
Legislative Provisions Regarding Minorities
Beyond the constitutional provisions, the National Commission for Minorities Act, 1992 defines a minority as “a community notified as such by the Central Government”. The Indian government currently recognises six religious minorities: Muslims, Christians, Sikhs, Buddhists, Parsis (Zoroastrians), and Jains.
The Act led to the formation of the National Commission for Minorities, composed of a Chairperson, a Vice-Chairperson, and five members, all of whom are from the minority communities.
The Commission is responsible for monitoring the implementation of safeguards provided in the Constitution and in laws passed by Parliament and State Legislatures for the protection of the interests of minorities.
Significant Facts About Minorities in India
| Number of Recognised Minority Religions | 6 |
|---|---|
| National Commission for Minorities Membership | Chairperson, Vice-Chairperson, 5 Members |
| Minorities Rights Day in India | 18th December |
Minorities Rights Day in India
The National Commission for Minorities observes 18th December as Minorities Rights Day annually in India. This day marks the United Nations’ adoption of the “Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities” in 1992. This declaration mandates that States protect and promote the existence and the identity of minorities within their respective territories.
