The Constitution on minority rights

Created by Academy of Civil Services in Indian Polity 18 Dec 2024
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Context: The debate on minority rights should be lifted from
its current framework of communalism versus secularism and placed in the
theoretical field of democracy and substantive equality. Recognising the
importance of minority rights, the UN General Assembly adopted a declaration on
the ‘Rights of Persons Belonging to National, or Ethnic, Religious and
Linguistic Minorities’ on December 18, 1992, and it is celebrated as Minority
Rights Day all over the world. One may not be individually unjustly treated but
it hurts if the group to which one belongs is subjected to ridicule or denied
any value. This also undermines an individual’s right to dignity.



Key points



·      
Overview: Minorities Rights Day 2024 is observed on 18 December
every year in India to spread awareness about the need of protecting the rights
of the minority communities. The day encourages people to learn more about the
issues faced by minorities in India and ways and methods to ensure their
safety.



·      
Minorities
Rights Day in India:
India is a
secular nation, and the constitution of India provides equal rights to all its
citizens. In the same spirit of equality, our constitution also provided
measures that safeguard the rights of minorities through ensuring specific laws
for them are made. These laws take care of people who are economically and
socially disadvantaged irrespective of their caste, culture, and community
including the people of scheduled tribes and scheduled castes.



·      
Ministry of
Minority Affairs in India:
On
29th January 2006, the Ministry of Minority Affairs was established, separating
it from the Ministry of Social Justice and Environment to adopt a more focused
approach to addressing issues concerning notified minority communities, namely
Muslims, Christians, Buddhists, Sikhs, Parsis, and Jains. The ministry is
tasked with formulating comprehensive policies, planning, coordination,
evaluation, and reviewing developmental programs and regulatory frameworks to
promote the welfare and empowerment of these communities.



·      
National
Commission of Minorities:
The Union
Government established the National Commission for Minorities under the
National Commission for Minorities Act, 1992 to protect the interests of
minority communities. Initially, five religious communities—Muslims,
Christians, Sikhs, Buddhists, and Zoroastrians (Parsis)—were notified as
minorities. Later, on 27th January 2014, the Jains were also recognized as a
minority community.



·      
The
geographic spread of minorities in India:
Notified minorities constitute about 19% population of the country. In
rural India during 2009-10, 11 percent of households followed Islam with about
12 percent of the population. In urban areas, the percentages of households and
population following Islam were about 13 and 16 and those following
Christianity were about 3 and 3, respectively.



·      
Problems
and concerns:
Some of
the main problems faced by minorities in India are as follows-



Ø  The problem of identity - Because of the differences in socio-cultural practices, history, and
backgrounds, minorities must grapple with the issue of identity everywhere
which gives rise to the problem of adjustment with the majority community.



Ø  Backwardness - Minority communities are unable to join the mainstream of society.
Sachar Committee which was constituted in 2005 has placed Muslims below the
scheduled castes, and scheduled tribes.



Ø  Economic reasons - Indian socio-economic fabric is complex because it is much affected by
caste, religion, and the more regional/linguistic differentials. At the same
time, the Indian economic, social, and political institutions which persisted
for centuries have a historical basis also. These factors have given a unique
character to Indian society. It has become a conglomeration of various layers
and segments divided and sub-divided.



Way
forward:
Political leaders must take a leadership role
in disowning hateful elements within their party and uphold their commitment to
our constitution. Comprehensive anti-hate legislation and policy must be
brought to function as a deterrent against hate crimes. Recent positive
developments like the decriminalisation of homosexuality have shown that our
society is empathetic towards minorities. A few anti-social elements must not
be allowed to jeopardise gains made in this regard.

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