This is the Day -4 Study material for 40 Day Plan for DMO exam preparation. The tests of each day will be posted every day at 8 pm and solution will be posted within 12 hours.
Safeguards Provided in the Constitution for Minorities
Directive Principles of State Policy
Part IV of the Constitution (Articles 36-51) contains the Directive Principles of State Policy. Although these Directive Principles are not legally justiciable, yet they are supposed to be followed by the State both in the matter of administration as well as in the making of laws.
There are many provisions of the Directive Principles, which may have direct or indirect link with the minority rights.
For example, the State has been directed to secure a social order based on justice and minimize the inequalities in income and status, facilities and opportunities, not only amongst individuals, but also amongst groups of people residing in different areas or engaged in different vocations.
It is relevant to remind the State about its political and moral responsibility to frame policies and take affirmative actions for minimizing the sufferings and plight of minorities or at least of the weaker sections amongst them.
Article 44 of the Directive Principles obligates the State to endeavour to secure for the citizens a Uniform Civil Code throughout the territory of India.
The Supreme Court in its zeal to achieve the goal of a homogenised secular India has given several directions to the government to implement the Uniform Civil Code.
However, the judgement of the Supreme Court in Shah Bano case created a controversy in the country and ultimately the Parliament of India enacted the Muslim Women (Protection of Rights on Divorce) Act 1986 and restored the sanctity of Muslim Personal Law.
Article 51 (c) of the Directive Principles is significant and quite relevant in the sense that it imposes obligations on Indian State to respect international laws and treaties. We find that India has signed many international treaties and conventions like International Covenant on Civil and Political Rights, Convention on the Prevention and Punishment of the Crime of Genocide, UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities etc. but these treaties have not been corresponded in national laws. Therefore, there is a demand by the minorities and many others that India must enact the genocide law and it should fulfil its international obligations.
Other Provisions of the Constitution
Fundamental Duties
Although the Fundamental Duties’ provided under Article 51A as such do not specifically cater to minority problems, yet their relevance and importance for minorities cannot be denied in present circumstances. Some of these duties are extremely important for minorities.
For example, the Constitution declares that it shall be the duty of every citizen of India to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities to value and preserve the rich heritage of our composite culture, to develop scientific temper, humanism and the spirit of inquiry and reform. Thus, the duties mentioned above call for promoting harmony and brotherhood.
Thus, we find that although fundamental duties have no direct link with the minority rights, their significance in the present circumstances cannot be denied.
Linguistic Provisions Relating to Minorities
Article 347 of the Constitution states that on a demand being made in that behalf the President may, if he is satisfied that a substantial proportion of the population of the State desires the use of any language spoken by them to be recognized throughout that State or any part thereof for such purpose as he may specify. (State language)
Article 350A declares that it shall be the endeavor of every state and of every local authority within the state to provide adequate facilities for instruction in the mother tongue at the primary stage of education to children belonging to linguistic minority groups. The President may issue such directions to any state if he considers necessary or proper for securing the provision of such facilities.
Under this provision, every state and local authority is directed to provide education in the language of the minority at the primary school level if the total population of the minority in the school is forty and there are at least ten students in the class belonging to that minority.
Article 350B states that there shall be a Special Officer of Linguistic Minorities and it shall be his duty to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution and report to the President and the President shall cause all such reports to be laid before each house of Parliament and sent to the governments of state concerned.
Special Provisions for Anglo-Indian Minority
The Constitution has incorporated certain special provisions for the promotion of interests of the Anglo-Indian minority living in India. These special provisions include ensuring representation of Anglo-Indians in Union and State legislatures through nominations if needed, special provision for the community in certain services, and special provision with respect to educational grants for their benefit.
Part 1 of this syllabus is available here
https://www.studyvillae.com/2018/09/safeguards-provided-in-the-constitution-for-minorities/