An Ethnic group is a collection of people who share a culture, a language a
set of values and customs. Some of the ethnic groups banded together in the 19th
century and declared themselves nation states over the land they inhibited. Some
ethnic groups living in the same.
Regions are quite different from one another and did not want to adopt the
language cultural traditions of the newly formed nation. However, some groups
were compelled to change their nationalities as a result of shifting state
borders. The culture of these communities could differ from those of the
majority. There are many different religions, civilizations, traditions, and
heritages throughout India. There are 8 major religions, each with a unique
history and culture.
There are 22 official languages and more than 800 dialects
is spoken from Kashmir to Kanyakumari. Minority groups are acknowledged for
their differences in close-knit Democratic society like India and although they
have minority rights in the community, joining a minority group is a personal
decision.
The Latin Word "minor" is the root of the word minority, which is combined with
it suffix to signify "little" in number." As reported by the United Nations.
Minorities are any group or community that is under represented in society on
account of its social, political or economic standing. The term "minority" is
not specified anywhere in the Indian constitution.
Historical Background Behind The Protection Of Minority Rights Under The
Constitution
In the past, Muslim, Anglo-Indian, Christian, and other minority populations
were created as a result of invasions into ancient and medieval India. Due to
the movement of groups fearing releases persecution such as Parsis, the Divide
and Rule strategy of the British colonial power, etc. India became a melting pot
of minorities.
The objective resolution introduced by Pandit Jawaharlal Nehru in
the Constituent Assembly on December 13, 1946, was anonymously approved by the
Constituent Assembly on January 22, 1947. And it decided to adopt a safeguard
mechanism for the countries, tribal areas, underprivileged backward classes, and
minority communities. The
special Statutes Relating to Minorities "section of
part XIV, including articles 292-301, was created by the constitutional Drafting
Committee in 1948 and contained several provisions and legislations.
Minorities were given no special treatment other than those related to their
culture and education after significant changes were made to of minorities. The
constitution which was approved by India's Constituent assembly in November 1949
and entered into force on January 26, 1950, did not, as originally intended,
reserve seats in legislative body or public employment for religious minorities.
Religious minorities were exempt from group-preference rules because the
constituent assembly believed that such protections were only effective for
advancing the disadvantages and not for preserving cultural diversity.
Minorities experienced a variety of issues, including issues with getting
protection, issues with racial tensions and riots, issues with a lack of
representations in the political and civil services, and issues with separatist.
Failure to uphold secularism and issues with the implementation of an unified
civil code are further issues. In India, minority rights guard against
discrimination based on a person's ethnicity, culture, language, or religion.
Minority members must be able to use their own names, learn and utilise their
native tongues, and freely express their identity. Therefore, minority rights
guarantee non-discrimination, Protection from violence based on identity,
equality before the law, participation in political and public life, and
opportunities for cross-border and intrastate collaboration with other
communities and organizations.
Minority rights are a natural component of human
rights. They encourage respect for variety and toleration. They want to make
sure that minorities and majorities coexist peacefully and work together to
create a brighter future.
Articles under constitution of India relating to the protection of minority
rights and Additional Safeguards:
- Article 14:
people's right to 'equality before the law' and 'equal protection of laws'.
- Article 15 (1) & (2):
Prohibition of discrimination against citizens on grounds of religion, race,
caste, sex or place of birth.
- Article 29:
It provides that any section of the citizens residing in any part of India
having a distinct language, script, or culture of its own, shall have the
rights of minorities in India to conserve the same. Article 29 is applied to
both minorities (religious minorities in India and Linguistic minorities in
India ) and also the majority. It also includes rights of minorities in
India to agitate for the protection of language. Hence political speech with
this are ok.
- Article 30:
All minorities shall have the rights of minorities in India to establish and
administer educational institutions of their choice. Article 30 recognizes
only religious minorities in India (not the majority). It includes the
rights of minorities in India to impart education to their children in their
own language.
- Article 350-B:
Originally, the constitution of India did not make any provision with
respect to the Special Officer for Linguistic minorities in India. However,
the 7th Constitutional Amendment Act, 1956 inserted Article 350-B in the
constitution.
Minority Commission
The "Minorities Commission" aimed to safeguard and protect the interests of the
minorities, was set up by the government of India in January. 1978 This
commission become a statuary body and was renamed as the "National Commission
For Minorities" with the enactment of National Commission for Minorities act,
1992 Under section 2(C) of this act, government of India issued a wide
notification and declare 5 communities as minor communities namely Muslims,
Christians, Sikhs, Buddhists, and Parsis.
The Sachar Committee
In 2005 Prime Minister formed a high-level Committee to assess the social,
economic, and educational status of Muslims in India. The committee also known
as Sachar Committee. The committee published its report in 2006 highlighted the
poor socio-economic condition of Muslims in comparison to general population.
Being alarmed by this Committee Government stepped up its commitment towards
minority to address the problem of inequality, deprivation and exclusion among
the Muslims in the 11th five-year plan. This was undertaken through giving
attention towards educational and economic empowerment, strengthening of
minority institutions, promoting madrasas.
The Sachar Committee report provides details of the Socio-economic and cultural
status of Muslims in India.
It Includes the following:
- 25% Muslim Children in the 6-14 age group have either ever attended
school or dropped out.
- Only out of 25 undergraduate and 50 postgraduates are Muslims in premier
College.
- Workforce participation among Muslim Women is very Low that is Only 25%
which is in compared to Hindu women is very low whose workforce
participation is approx. 80%.
- Only about 27% of the Muslims workers in urban area are engaged in
regular work as compared to 40% SC/ST, 36% OBC, and 49% Hindu upper caste workers.
- The share of Muslim Male Workers engaged in street wending is 12% as
compared to National average of street wending engaged worker is less than
8%.
- The share of Muslim among defence personnel is only 4% which is very low.
The Sachar committee report made several recommendations to the government to
Improve the poor socio-economic status of Muslims. Based on the recommendation's
government started many educationally, socially, economically benefited schemes
for minority.
Rang Nath Mishra commission On Minorities:
In October 2004 Government of India appointed The Justice rang Nath Mishra
Commission for Religious and Linguistic Minorities. The commission has presented
its report and made many recommendations to the centre for providing reservation
to Muslims, Scheduled Caste, and Other backward classes. In Government Jobs. The
commission Submitted its final report to the government in may 2007.
It's main
recommendations are:
- The Commission for Minority Educational Institutions set up under the
National make it broad based in its composition, powers, functions, and
responsibilities. Further it recommended that it should work as the watchdog
for enforcement of all aspects of minorities educational rights.
- Establishment of a national level Coordination Committee Consisting of
representative of all the nationalised banks and other financial institutions to
work under the RBI for monitoring credit which is flow to minorities.
- Ten percent of central government jobs should be reserved for Muslims
and 5 for other minorities.
- Fifteen Percent of posts in all cadres and grades should be reserved
under central government for minorities.
- Ten percent reservations for Muslims and 5 percent for other Minorities
should be reserved in all government schemes like the MNREGA etc.
Multi Sectoral Development Programme:
In addition to existing educational schemes for minorities, a special scheme
launched called Multi-sectoral Development Programme (MsDP), in rural and semi
-rural area of 90 minorities concentrated districts, during the year 2008-09.
These are educationally benefited scheme that is pre-matric scholarship scheme,
post-matric scholarship scheme, Merit-cum -means scholarship scheme, Maulana
Azad National Fellowship and Allied scheme etc.
The larger aim of the programme is to improve the socio-economic and basic
facilities of life for improving the quality of life and reduces the imbalances
in minority concentration districts.
Ministry of Minority Affairs
- The ministry of Minority Affairs is entrusted with the work related to
the improvement of the socio-economic condition of the minority communities
through affirmative action and inclusive development efforts so that every
citizen an equal opportunity to participate actively in building a vibrant
nation.
- This Ministry implements various schemes with the objective to increase
the participation of the disadvantaged/underprivileged children/candidates
of notified minority communities to improve the level of education,
participation in employment, skill, and entrepreneurship development, so
that they can compete with majority and able to stand in society.
National commission for Minorities (NCM)
- Ministry of home affairs established the National Minorities Commission
of India in a resolution on January 12, 1978. Once the National Commission
for Minorities Act was enacted in 1992, the Minorities commission become a
statuary body and was renamed as National Commission for Minorities (NCM).
- The Act defines a minority as ''a community notified as such by central
government.
- Evaluate the progress of the development of minorities under the union
and states.
- It makes recommendations for the implementation of protective safeguards
for the minorities
- Under these 6 religious minorities community are notified in India.
Schemes Implemented for the welfare of Minorities:
Educational Empowerment:
- Scholarship Schemes- Pre-Matric Scholarship, Post-Matric Scholarship and
Merit-cum-Means based Scholarship.
- Maulana Azad National Fellowship Scheme- Provides financial helps to 6
notified minor communities student to pursue M.Phil. and Ph.D. This scheme
covers all university which is recognized under UGC. This scheme is Implemented
by UGC which is implemented by nodal agency.
- Padho Pardesh- As the name suggest Pardesh means going outside country so,
this scheme is for the minority to go overseas for studies.
- Naya Savera- This scheme is for the minorities students who want to study in
coaching can apply for this for the preparation of competitive exams.
- Nai Udaan- This scheme helps the minority students in clearing prelims
conducted by UPSC/SSC, etc.
Economic Empowerment:
- PM VIKAS - Scheme for skill development of minority by the government of
India.
- Seekho aur Kamao- The scheme for skill development of minorities.
- USTAAD- Upgrading the skills of minorities in Traditional arts and crafts so
that they can easily survive their life by showing their skill in Market.
There are many other initiatives which is taken by our various prime minister to
uplift minorities some are:
- Availability of ICDS service that is integrated child development service
which aims at providing nutrition to lactating mothers and pregnant women.
- Modernising Madarsa education - in this institution children of minority
community studies.
- Government provided training in technical sector so that they can
compete in the market.
- Enhanced credit support for economic activities to minorities for that
government set up NMDFC in 1994.
Reservation In Favour Of Minority Community
Reservation is a system of affirmative action by government of India that
provides representation to historically backward classes in education,
employment, government schemes, health, insurance, scholarships, and politics.
So that they can represent themselves in society and lives a good life. For the
advancement of their life.
In India reservation is provided in:
- Government educational institutions (like NLUs, IITs, IIMs etc) - this
is given under article 15(4), (5) and (6
- Government Jobs (like IAS, Ips etc.) this is given under article 16(4) and
(6)
- Legislatures (parliament and State Legislatures) this is given under
article 334
- Local government seats reserved for minority community.
Reservation Quota In India For Minority In Government Jobs
|
OBC |
SC |
ST |
|
27 |
15 |
7.5 |
Total |
49.5 |
So, our governments provide opportunity for our minority to uplift by providing
reservation also they not only fight for job in 50 percent but they can also
fight in another 50 percent if they get that merit. Basically, this reservation
not merely for jobs of minority but to take part in decision making process of
state. The Indian government should do more than reservation for upliftment of
minority in real sense.
Tension For Minority In Contemporary India
Since in our country the largest minority group is Muslim, which is badly
affected by our present government decision and they are targeted by present BJP
government such as they faced discrimination, prejudice, and violence, despite
constitutional protections.
BJP pursued a Hindu nationalist agenda since elected in 2014. Since in up cm
yogi has adopt the policy of bulldozer which is more inclined towards the Islam
for their destruction, so they fill that the present government has not given
importance to them and sometime they affect the peace in society. Roosevelt said
that to maintain democracy in a country minority should be equally respected as
majority. Minority faced the problem of identity which is much important to live
with dignity.
They feel the problem of security, they feel backwardness in society Sachar
committee which was constituted in 2005 has placed Muslims below the SC and ST.
they faced problem of representation in parliament and bureaucracy also as
Muslim population constituted Approx 15% of Indian population but his
representation in parliament is only 5 % and Hindu community MP consist approx.
91% . and in Bureaucracy Muslims are only 2.5% which is very less.
All these above problems generate the deficit of trust between the minorities
Community, which is harmful for the Unity and Integrity of the Country.
Suggestions
In India In spite of lot of provisions and schemes there is negligible
improvement in condition of Minority, so government should take care of them
more and should form committee which at regular interval check the condition of
minority so they can put more effort. If minority feel that they are not much
taken into consideration then this is harmful for country integration and unity
and this disrupt the sense of brotherhood.
They should support to institutions which promote minorities education by
financially and provide best faculty to teach in these institutions.
The government should Increase the budget for Minorities. In 2021 The budget for
minorities Accounts for 0.14% of the total union budget Whereas religious
minorities population in our country is Approx 21 % of the total populations.
Government should increase the participation of minority in legislature so that
they can work more for their community because if they are in legislatures in
more number then they may pay attention more than the other community
legislators.
In India all political parties followed practice of secular on paper but none of
show this in reality so political party also take into consideration this matter
and take the participation of more minority members in their party then, they
can believe that we are the important in forming a government and this is good
for democracy to take the part in politics more by minority people.
The government of India should:
- Not impose Hindu personal law on Sikh, Buddhist, and Jain communities,
but instead provide them with a provision of personal status law as per
their distinct religious beliefs and practice.
- Adopt the international convention on elimination of All forms of racial
Discrimination.
- Implement the recommendation of commission for religious and linguistic
minorities.
- Reform the anti- conversion law and appreciate that both conversion and
reconversion b use of fraud, force, or allurement are equally bad.
- The right to establish and administer educational Institutions is not
absolute so, there can be regulatory measures for ensuring educational
character and standards and maintaining academic excellence.
Conclusions
In a free democracy like India, Minorities should never feel oppressed to
provide equality and unity among citizens, as there is a wide difference in
Contemporary India between minority and majority so, minority should be provided
with special rights so that they can develop their personality to maximum level.
In accordance to this view in our constitution various articles are provided so
that they can compete with majority.
Other than this our government forms minority minister so that they can
specifically put their attention on minority and make some good law for them.
Indian government started many schemes socio, economic, educationally,
politically motivated scheme for their upliftment so that country can run
peacefully because if these schemes were not run then they always feel backward
and this is harmful for our democracy, this can disrupt country unity,
integrity, and sovereignty.
The focus of government should be that there should not create any communal
harmony by this minority suffers a lot and this is harmful for democratic
country. Article 29 and 30 contains the guarantee to protect religious and
linguistic minorities from discrimination and to allow them to preserve their
linguistic and cultural characteristics.
Every in the name of religion thousands of people were killed and their
religious places are damaged. Our constitution Guarantees full fledge protection
and safeguards to minorities but it is just on paper and people also consider it
just a written statement. So government should focus more on this to maintain
the brotherhood in our country and democracy for long time.
References:
- https://en.wikipedia.org/wiki/Human_rights_in_India
- https://www.insightsonindia.com/social-justice/issues-related-to-minorities/government-welfare-measures-for-minorities/
- https://pib.gov.in/newsite/PrintRelease.aspx?relid=132836
- https://www.minorityaffairs.gov.in/en/schemesperformance/free-coaching-and-allied-scheme-minority-communities-students
- https://en.wikipedia.org/wiki/National_Commission_for_Minorities
- https://www.hrw.org/news/2021/02/19/india-government-policies-actions-target-minorities
- Prakash Mishra (2012). Human Rights In India. New Delhi: Cyber Tech
Publication.
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