In India, the categorization of minorities carries significant implications. Recently, the Supreme Court, while hearing a particular petition, stated that the minority status of religious and linguistic communities is dependent on the state. This article delves into the complexities of such determinations and the related Constitutional provisions, as well as addressing issues concerning minorities in India.
The Petition’s Details
The petition in question was lodged by followers of Judaism, Bahaism, and Hinduism from various states including Ladakh, Mizoram, Lakshadweep, Kashmir, Punjab and the North-East. The petitioners argue that they represent the true minorities in these regions, yet they are unable to establish and administer educational institutions due to the non-identification of ‘minority’ at the State level. They assert that in several states, their communities are socially, economically, and politically disadvantaged and numerically smaller compared to other religions.
Supreme Court’s Ruling
The Court noted that every person in India can be a minority in one state or another, depending upon the demography and ethnicity. For instance, a Marathi-speaking individual may be classified as a minority outside Maharashtra, while a Kannada-speaking person may be a minority in states other than Karnataka. The Court also indicated that religious or linguistic communities, which are minorities in certain states, can claim protection under Article 29 and 30 of the Constitution, granting them rights to administer and run their educational institutions.
Minorities as Notified by the Government of India
As it stands, only those communities notified under section 2(c) of the National Commission for Minorities (NCM) Act, 1992 by the central government are considered minorities. The NCM Act, 1992 made the Minority Commission a statutory body, known as the NCM. Five religious communities – Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were declared as minority communities in 1993. Later in 2014, Jains were also included in this category.
Constitutional Provisions for Minority
Several articles in the Indian Constitution safeguard the rights of minorities:
– Article 29: This article provides that sections of citizens with a distinct language, script or culture have the right to conserve the same. It protects both religious and linguistic minorities but is not necessarily restricted to minorities only.
– Article 30: This article states that all minorities shall have the right to establish and administer educational institutions of their choice. The protection under this article is confined to minorities exclusively.
– Article 350-B: This article, brought in by the 7th Constitutional (Amendment) Act 1956, provides for a Special Officer for Linguistic Minorities appointed by the President of India who investigates matters related to the safeguards provided for linguistic minorities under the Constitution.
Special Advantages of Being a Notified National Minority
Currently, six religious communities are recognized as national minorities. According to the Constitution of India and various legislative and administrative measures, these communities are entitled to certain special benefits. Article 30 upholds the right of religious and linguistic minorities to establish and run educational institutions of their choice. There is no provision, however, for the automatic nomination of a member of a minority religious community to the Lok Sabha. Nevertheless, religious minorities can derive benefits from the Prime Minister’s 15-Point Programme which aims to ensure their welfare in areas of education, skill development, employment and prevention of communal conflicts.
