This article has been written by Stuti Malik, a student of Hidayatullah National Law University

Introduction

India, the second-largest nation by population, is home to many different religious sects. With an estimated 172.2 million Muslims, 27.8 million Christians, 20.8 million Sikhs, 4.5 million Jains, etc., Hindus make up over 80% of India’s total population.

In certain of the Constitution’s provisions, including Articles 29, 30, and 350(A) and 350(B), the contentious phrase “minority” or “minorities” is used, although there is no definition provided.

Being one of the world’s largest democracies, India glorifies the principles of secularism and pluralism and the Indian constitution promotes the prohibition of discrimination on grounds of religion, race, caste, sex or place of birth but this type of cultural, religious, and social diversity leads to varying forms of intersectional discrimination for the minority communities, for example, Dalits, Muslims, and Christians, or religious minorities who are also linguistic minorities or belong to indigenous communities (Adivasis) and such challenges are intensified when it comes to women of the minority community.  

Recent political developments have put the issues of minority appeasement and minority harassment back into the forefront. The recent increase in hate crimes has also triggered debates about the need for separate legislation to protect minorities against lynching and hate crimes. 

Problems Faced by Minorities

Some of the main problems faced by minorities in India are as follows: 

1. “The problem of identity- Because of the differences in socio-cultural practices, history, and backgrounds, minorities have to grapple with the issue of identity everywhere which give rise to the problem of adjustment with the majority community.
2. The problem of Security: Different identity and their small number relative to the rest of society develops a feeling of insecurity about their life, assets, and well-being. This sense of insecurity may get accentuated at times when relations between the majority and the minority communities in society are strained or not much cordial.
3. The problem of equity:- The minority community in society may remain deprived of the benefit of opportunities for development as a result of discrimination. Because of the difference in identity, the minority community develops the perception of the sense of inequity. Religion is a complex phenomenon in India. Though India is declared a ‘secular’ state, the problem of secularism looms large here. Conversion to Islam and Christianity has been a much controversial issue over the last couple of decades.
4. Economic reasons:-The Indian socio-economic fabric is very 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 are 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.
5. 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.
6. The problem of Representation:- In terms of religious composition, 90.4% of MPs in Loksabha are Hindus. 5.2% are Muslims and another religious community represents 4% MPS. Muslims contribute only 2.5% of the Indian bureaucracy.

All of the above problems generate a trust deficit between the Minorities, which is harmful to the Unity and integrity of the country.”

Constitutional Provisions for Minorities in India

The Constitution of India lists down a few important mandates with regard to Minorities in India. Discussed below are the same in brief:

Protection under Fundamental Rights:

• “Article 15 (1) & (2) – Prohibition of discrimination against citizens on grounds of religion, race, caste, sex or place of birth
• Article 16(1)&(2) – Citizens’ right to equality of opportunity in matters relating to employment or appointment to any office under the State
• Article 25(1) – People’s freedom of conscience and right to freely profess, practise and propagate religion – subject to public order, morality and other Fundamental Rights
• Article 28 – People’s freedom to attendance at religious instruction or religious worship in educational institutions is wholly maintained
• Article 30(1) – Right of all religious and linguistic minorities to establish and administer educational institutions of their choice
• Article30(2) – Freedom of minority-managed educational institutions from discrimination in the matter of receiving aid from the State.”

Protection under Part XVII (Official language):

• “Article 347- Provide special provisions relating to the language spoken by a section of the population.
• Article350A – Deals with the provision of facilities for instruction in the mother tongue
• Article 350B— Provision for a special officer for linguistic minorities and defines its duty.”

Legislative protection:

• “The national commission of Minority act 1992—this act led to the foundation of the national commission on Minorities by the Union Government. It consists of a chairperson and 6 members, provided at least 5, including the chairperson, should belong to the minority community.
• Waqf Act—This act deals with donations in the Muslim community. The central waqf council, a statutory body, manages the administration of waqfs in India. Waqf is the permanent dedication of movable or immovable properties given by Muslim philanthropists for a religious, pious, or charitable purpose. The grant is known as Musrat-Ul-Khidmat and the person who makes such dedication is known as Waqif.
• Citizenship Amendment Act—This act gives citizenship to persecuted minorities from Pakistan, Bangladesh, and Afghanistan within 6 years in place of 12 years. Hindus, Christians, Sikhs, Jains, Buddhists, and Parsis( all are minorities in India excluding Hindus) who migrated before 2014 are eligible.”

Government Schemes for the Minorities in India 

Some schemes related to minorities include the following.

Educational Empowerment:

• “Scholarship Schemes– Pre-Matric Scholarship, Post-Matric Scholarship and Merit-cum-Means based Scholarship. During the last 7 years, more than 4.52 crore beneficiaries have been provided different scholarships through the National Scholarship Portal (NSP) and Direct Benefit Transfer (DBT) out of which more than 53% of beneficiaries are female.
• Maulana Azad National Fellowship Scheme provides financial assistance to students from notified minority communities whose annual income is below Rs. 6.0 lakh per annum from all sources, to pursue higher education such as M.Phil and PhD.
• In addition, the Maulana Azad Education Foundation implements the scheme viz. Begum Hazrat Mahal National Scholarship for meritorious girls belonging to notified minority communities studying in Classes IX to XII.
• Naya Savera – Free Coaching and Allied Scheme which aims to enhance the skills and knowledge of students and candidates from notified minority to get employment in Government Sector/ Public Sector Undertaking, jobs in the private sector, and admission in reputed institutions in technical and professional courses at under-graduate and post-graduate levels. During the last seven years, about 69,500 candidates have benefitted from the coaching scheme of this Ministry.
• Nai Udaan – Support for notified students of the minority community in India, on clearing Prelims conducted by the Union Public Service Commission (UPSC), State Public Service Commission (PSC) Staff Selection Commission (SSC), etc.”

Conclusion

We must work to prevent and eradicate hate-filled messages from our society in order to uphold the ideals of liberty, equality, and individual dignity that are enshrined in our constitution. Political leaders must take the initiative to defend their adherence to our constitution and denounce any ugly forces inside their party.

To prevent hate crimes, comprehensive anti-hate law and policy must be implemented. Recent achievements like the decriminalisation of homosexuality have demonstrated our society’s compassion for marginalised groups. Gains gained in this area must not be put at risk by a few antisocial individuals.

References

• https://www.legalserviceindia.com/legal/article-720-who-are-minorities.html
• https://www.indiaonlinepages.com/population/minorities/index.html
• https://www.deccanherald.com/national/modi-scholz-agree-on-green-partnership-germany-pledges-1052-bn-to-help-india-meet-climate-action-targets-1105995.html

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