Rights of Minorities

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Rights of Minorities in India

Part III of the Indian Constitution, which deals with the Fundamental Rights, is divided into two parts: a) rights which come under the common domain and b) rights which fall under the ‘separate domain’. In the ‘common domain’, the following fundamental rights and freedoms are guaranteed for the minorities in India:

1. i) People’s right to ‘equality before the law’ and ‘equal protection of the laws’ (Article 14);
2. ii) Prohibition of discrimination against citizens on grounds of religion, race, caste, sex or place of birth [Article 15 (1) & (2)];

iii) Authority of State to make ‘any special provision for the advancement of any socially and educationally backward classes of citizens’ (besides the Scheduled Castes and Scheduled Tribes) [Article 15(4)];

1. iv) Citizens’ right to ‘equality of opportunity’ in matters relating to employment or appointment to any office under the State –and prohibition in this regard of discrimination on grounds of religion, race, caste, sex or place of birth [Article 16(1) & (2)];
2. v) Authority of State to make ‘any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State [Article 16(4)];
3. vi) People’s freedom of conscience and right to freely profess, practice and propagate religion-subject to public order, morality and other Fundamental Rights [Article 25 (1)];

vii) Right of every religious denomination or any section thereof-subject to public order, morality and health-to establish and maintain institutions for religious and charitable purposes, ‘manage its own affairs in matters of religion’, and own and acquire movable and immovable property and administer it ‘in accordance with law’ [Article 26];

viii) Prohibition against compelling any person to pay taxes for promotion of any particular religion [Article 27];

1. ix) People’s ‘freedom as to attendance at religious instruction or religious worship in educational institutions’ wholly maintained, recognized, or aided by the State [Article 28].

The Constitution guarantees the following minority rights which fall under the ‘separate domain’:

1. i) Right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct language, script or culture’ [Article 29(1)];
2. ii) Restriction on denial of admission to any citizen, to any educational institution maintained or aided by the State, ‘on grounds only of religion, race, caste, language or any of them’ [Article 29(2)];

iii) Right of all religious and linguistic minorities to establish and administer educational institutions of their choice [Article 30(1)];

1. iv) Freedom of minority-managed educational institutions from discrimination in the matter of receiving aid from the State [Article 30(2)];
2. v) Special provision relating to the language spoken by a section of the population of any State [Article 347];
3. vi) Provision for facilities for instruction in mother-tongue at primary stage [Article 350 A];

vii) Provision for a Special Officer for linguistic minorities and his duties [Article 350 B]; and

viii) Sikh community’s right of ‘wearing and carrying kirpans [Article 25].

Highlights of Various Acts that Deals with Minority Rights

The Indian Parliament on the 17, May 1992 passed the National Commission for Minorities Act, ordering the Central Government to constitute a body, called the National Commission for Minorities. In 2004 National Commission of Minority Educational Institutions Act was enacted to ensure that the rights guaranteed to minorities were effectively implemented. Hereafter the important provisions of both the Acts are highlighted.

National Commission for Minorities.

With a view to evaluating progress and development of minorities, monitoring the working of safeguards provided to them under the Constitution and laws, etc. The Central Government had constituted a non-statutory Minorities Commission in 1978. In 1992, the National Commission for Minorities Act was enacted to provide for constitution of a statutory Commission. The National Commission for Minorities was set up under the Act in 1993.

With the enactment of the National Commission for Minorities Act, 1992, the Minorities Commission became a statutory body and renamed as National Commission for Minorities. The first Statutory National Commission was set up on 17th May 1993, Vide a Gazette notification issued on 23rd October 1993 by Ministry of Welfare, Government of India, five religious communities viz; the Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities.

Functions of National Commission for Minorities

As per Section 9(1) of the NCM Act, 1992, the Commission is required to perform following functions: –

(a) Evaluation of the progress of the development of minorities under the Union and States;

(b) Monitoring of the working of the safeguards for minorities provided in the Constitution and in laws enacted by Parliament and the State Legislatures;

(c) Making recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments;

(d) Looking into specific complaints regarding deprivation of rights and safeguards of minorities and taking up such matters with the appropriate authorities;

(e) Causing studies to be undertaken into the problems arising out of any discrimination against minorities and recommending measures for their removal;

(f) Conducting studies, research and analysis on the issues relating to socio-economic and educational development of minorities;

(g) Suggesting appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments;

(h) Making periodical or special reports to the Central Government or any matter pertaining to minorities and in particular the difficulties confronted by them; and

(i) Any other matter, which may be referred to it by the Central Government.

Powers vested with National Commission of Minority

The Commission shall, have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely: –

1. a) Summoning and enforcing the attendance of any person from any part of India and examining him on oath.
2. b) Requiring the discovery and production of any document.
3. c) Receiving evidence of affidavits.
4. d) Requisitioning any public record or copy thereof from any court or office.
5. e) Issuing commissions for the examination of witnesses and documents; and
6. f) Any other matter which may be prescribed.

National Commission for Minority Educational Institutions Act, 2004

The National Commission for Minority Educational Institutions Act is the outcome of the UPA Government’s manifesto that called for ‘National Common Minimum Programme’. In the National Common Minimum Programme, in its Section on “National Harmony, Welfare of Minorities,” it was mentioned that a commission for minority educational institutions would be established which will provide direct affiliation for minority professional institutions to Central Universities. The Government brought out an Ordinance in November 2004 establishing the Commission. Later a Bill was introduced in the Parliament in December 2004 and both Houses passed the Bill. The NCMEI Act was notified in January 2005.

Functions of the Commission

The Functions and Powers of the Commission are enumerated below: –

Notwithstanding anything contained in any other law for the time being in force, the Commission shall –

(a) Advise the Central Government or any State Government on any questіon relatіng to the education of minorities that may be referred to it;

(b) Enquire, suo motu, or on a petition presented to it by any minority educational institution, or any person on іts behalf іnto complaіnts regardіng deprіvatіon or vіolatіon of rіghts of mіnorіtіes to establіsh and admіnіster educatіonal іnstіtutіons of theіr choіce and any dispute relating to affiliation to a University and report its finding to the appropriate Government for its implementation;

(c) Intervene in any proceeding involving any deprivation or violation of the educational rights of the minorities before a court with the leave of such court;

(d) Review the safeguards provided by or under the Constitution, or any law for the time being in force, for the protection of educational rights of the minorities and recommend measures for their effective implementation;

(e) Specify measures to promote and preserve the minority status and character of institutions of their choice established by minorities;

(f) Decide all questions relating to the status of any institution as a minority educational institution and declare its status as such;

(g) Make recommendations to the appropriate Government for the effective, implementation of programmes and schemes relating to the minority educational institutions; and

(h) Do such other acts and things as may be necessary, incidental or conducive to the attainment of all or any of the objects of the Commission.

Powers of the Commission

As enunciated in Section 12 of the NCMEI Act, 2004 the Commission enjoy the following powers.

1. If any dispute arises between a minority educational institution and a University relating to its affiliation to such University, the decision of the Commission thereon shall be final.
2. The Commission shall, for the purposes of discharging its functions under this Act, have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely:-

(a) Summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) Requiring the discovery and production of any document;

(c) Receiving evidence on affidavits;

(d) Subject to the provisions of section 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;

(e) Issuing commissions for the examination of witnesses or documents; and

(f) Any other matter which may be prescribed.

Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Commission shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

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