Celebrating Minorities Rights Day in India: Upholding Dignity and Equality



 Franklin Roosevelt mentioned - ‘no democracy can long survive which does not accept as fundamental to its very existence the recognition of the rights of minorities’

The UN GENERAL ASSEMBLY recognising the importance of minority rights, adopted a declaration on the ‘Rights of Persons Belonging to National, or Ethnic, Religious and Linguistic Minorities’ on December 18, 1992 as Minority Rights Day which is celebrated all over the world.

Minorities Rights Day in India is observed annually on November 18th. This significant day aims to raise awareness about the rights and challenges faced by religious and linguistic minorities in the country. India, a land of diverse cultures and faiths, prides itself on its commitment to secularism and the protection of all its citizens, irrespective of their religious or linguistic backgrounds.

Even though the term minority has been used in our constitution, the constitution has not attempted to define it. The National Commission for Minorities Act, 1992 in Section 2(c) of the act defines a minority as “a community notified as such by the Central government”. In India, this applies to Muslim, Christians, Sikhs, Buddhist and Parsis (Zoroastrian), Jain religions. 

As per TMA Pai Foundation vs. State of Karnataka case in the Supreme Court, a minority either linguistic or religious is determinable only by reference to the demography of the State and not by taking into consideration the population of the country. When we discuss the term minorities, we should not limit ourselves to religious minorities. Linguistic minorities, transgender etc are also considered minorities in the larger socio-political framework.

 Ministry of Minority Affairs was established on 29th January 2006, it got separated from the Ministry of Social Justice and Environment to form a new Ministry. The prime aim was  to adopt a more focused approach to address issues concerning notified minority communities, namely Muslims, Christians, Buddhists, Sikhs, Parsis, and Jains.

The ministry formulates comprehensive policies, planning, coordination, evaluation, and reviewing developmental programs and regulatory frameworks to promote the welfare and empowerment of minorities communities.

 The NATIONAL COMMISSION FOR MINORITIES was set up by the Union Government 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.

 STATE COMMISSIONS are also set up which is responsible for safeguarding and protecting the constitutional and legal rights of minority communities. Any members of minority communities can approach State Minorities Commissions for redressal of their grievances. 

CONSTITUTIONAL AND LEGAL SAFEGUARDS FOR MINORITIES IN INDIA

  • 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 as to attendance at religious instruction or religious worship in educational institutions 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

 

  • CHALLENGES FACED BY MINORITIES
  • Social discrimination: They face prejudices in their daily life particularly issues related to employment, mob lynching, housing etc
  • Economic disparities: Mainly due to their lower literacy rate and discrimination the employment rates are low compared to the national average.
  • Political underrepresentation: Limited participation in policymaking and governance due to lack of education and discrimination.
  • Hate crimes and communal violence: Incidents leading to of targeted violence disrupt social harmony.

  

Why Celebrate Minorities Rights Day?

  • Upholding Constitutional Values: The Indian Constitution guarantees fundamental rights to all citizens, including the right to freedom of religion, equality before the law, and protection against discrimination. 1 Minorities Rights Day serves as a reminder of these constitutional values and the importance of upholding them in practice.  
  • Addressing Challenges: Despite constitutional guarantees, religious and linguistic minorities in India continue to face various challenges, including discrimination, social exclusion, and economic disparities. This day provides a platform to discuss these issues openly and advocate for solutions.
  • Promoting Harmony: Minorities Rights Day fosters interfaith dialogue and promotes understanding and respect among different communities. It encourages a sense of inclusivity and strengthens the fabric of Indian society.  

Key Issues and Concerns:

  • Religious Discrimination: Instances of religious discrimination, such as hate crimes, hate speech, and social ostracism, continue to occur in various parts of the country.
  • Educational Disparities: Many minority communities face challenges in accessing quality education, leading to educational disparities and limited opportunities.  
  • Economic Exclusion: Economic disparities and lack of access to resources can hinder the socio-economic progress of minority communities.  
  • Cultural Preservation: The preservation of minority languages and cultures is crucial for maintaining cultural diversity.

What Can We Do?

  • Raise Awareness: Educate yourself and others about the rights and challenges faced by minorities in India.  
  • Promote Interfaith Dialogue: Engage in conversations with people from different religious and linguistic backgrounds to build understanding and respect.  
  • Support Minority-Led Initiatives: Support organizations and initiatives working towards the empowerment and upliftment of minority communities.
  • Advocate for Policy Changes: Advocate for policies and legislation that address the concerns of minorities and ensure their equal participation in all spheres of life.

Minorities Rights Day is an important occasion to reaffirm our commitment to the principles of equality, justice, and inclusivity. By working together, we can create a more just and equitable society where all individuals, regardless of their religious or linguistic background, can thrive and contribute to the nation's progress.  

Adv.Mamta Singh Shukla
High Court - Delhi
Mobile- 9560044035

 

Comments

Post a Comment

Popular posts from this blog

Image
CAN VISUALLY IMPAIRED WATCH MOVIES  IN  THREATERS & OTT PLATFORMS Snakes are known as chakshushrava   which means snakes have the ability to hear from their eye, since they have not been gifted with external ears. However, this myth is dispelled and today researchers confirm that s nakes have the ability to see and hear, but their senses work differently from those of humans. They have the ability to detect vibrations and sound waves as have specialized jawbones that pick up vibrations from the ground. It is not that blind people have zero visibility, most blind people have some level of vision, which may vary from from person to person. Some visually impaired may only see light while others may see blurry shapes, figures, or colors.  People with total blindness cannot see anything.  There are also alternative ways blind people can see;  Touch  Sound Audio Description (AD)   Braille In the 1980’s, the Media Access Group at WGBH ,   (publi...
Read more
Image
  T he laws relating to Intellectual Property Rights include Trade Mark, Copyright, Patent and Trade Secrets which are valuable assets of any Company. The rise in the usage of internet has created new ways and technique to infringe the Intellectual Property Rights, prominent being the Cybersquatting ….   What is Cybersquatting ? Cybersquatting occurs when a person other than owner of a well-known Company registers that particular Trademark as an Internet Domain Name and then attempts to profit from it either by ransoming the Domain Name back to the Trademark owner or by using the Domain Name to divert business from the Trademark owner. In other word we can say that an unauthorized registration and use of Internet Domain names that are identical or similar to Trademarks, Service marks, Company names or Personal names.   I n the case of Manish Vij V/s Indra Chug, The High court of Delhi define Cybersqatting as “An act of obtaining fraudulent registration with the in...
Read more
Image
  Is the Unfair Practices Act being Fair Enough??? They say that a single piece of paper cannot decide your future, but it does. Recently, the NEET-UG Examination conducted by National Testing Agency (NTA) for the admission to M.B.B.S, B.D.S, AYUSH and other related courses in the Government and the Private institution across the country was leaked. Posing a very big question as to where the buck should stop. It is very unfortunate that the lives of the youth who are appearing for this exam is in jeopardy. The entire question zero down to various levels including:   a. Paper leak, b. Sale and purchase of Papers, c. Cheating as an unfair practice, d. The existence of Paper leak Mafia, e. The role of the authorities who are involved in such scam. At least  48 instances of paper leaks in 16 states over the last five years, in which the process of hiring for government jobs was disrupted. The leaks touched the lives of at least 1.51 crore applicants for about 1....
Read more