PROJECT

ON
MINORITIES CULTURAL AND EDUCATIONAL
RIGHTS IN INDIA

Submitted to :- Amity Law School Lucknow Campus

Under the guidance ofDr. Sangita Laha

Submitted by:-

RAGHVENDRA PRATAP SINGH

1st SEMESTER
LLM 1 Year (2015-16)
AMITY UNIVERSITY
Enrollment No:-A 8101815030

DECLARATION
Title of assignment topic: MINORITIES CULTURAL AND
EDUCATIONAL RIGHTS IN INDIA

I understand what plagiarism is and aware of the Universitys

policy in this regard.
I declare that(a)The work submitted by me in partial fulfillment of the
requirement for the award of degree LLM assessment in this
Legal writing is my own; it has not been previously presented for
another assessment.
(b)I declare that this Legal writing is my work. Wherever work
from other source has been used, all debts(for words, data,
arguments, ideas)have been appropriately acknowledged and
referenced in accordance with the requirements.
(c) I have not permitted, and will not permit, anybody to copy my
work with purpose of passing it off as his or her work.
(d) The work conforms to the guidelines for layout, content and
style as set out in the regulations and guidelines.
Date: 29th October, 2015

RAGHVENDRA PRATAP SINGH

1st SEMESTER
LLM 1 Year (2015-16)

AMITY UNIVERSITY

CERTIFICATE

This is to certify that the present work entitled MINORITIES

CULTURAL AND EDUCATIONAL RIGHTS IN INDIA has been
carried out by RAGHVENDRA PRATAP SINGH, ENROLLMENT
NO. A8101815030, LLM. (SEM.-1) himself under my direction,
supervision and guidance. The techniques, methods described
were under taken by the candidate himself and observations have
been periodically checked by me.

Dr, SANGITA LAHA

DEPART
MENT OF LAW

AMITY UNIVERSITY

Acknowledgement
I have taken efforts in this project. However, it would not have
been possible without the kind support and help of many
individuals. I would like to extend my sincere thanks to all of
them.
I am highly indebted to Dr. Sangita Laha for their guidance and
constant

supervision

as

well

as

for

providing

necessary

information regarding the project & also for their support in

completing the project.
I am heartily thankful to my friends and colleague, whose
encouragement, guidance and support from the initial to the final
level enabled me to develop an understanding of the subject.
I would like to express my gratitude towards my parents &
Colleagues for their kind co-operation and encouragement which
help me in completion of this project.
My thanks and appreciations also go to my colleague in
developing the project and people who have willingly helped me
out with their abilities.

RAGHVENDRA PRATAP SINGH

1 st
SEMESTER
LLM 1 Year
(2015-16)
AMITY UNIVERSITY

CHAPTER -1

1.1 Introduction:"... The promotion and protection of the rights of persons belonging to
national or ethnic, religious and linguistic minorities contribute to the
political and social stability of States in which they live"1

A minority is a sociological group that does not constitute a

politically dominant voting majority of the total population of a
given society. In socio-economics, the term minority typically
refers to a socially subordinate ethnic group. Physical existence
of majority and minority group is an outcome of the differential
treatment which the groups are experiencing one enjoying the
privileges whereas other being deprived of such privileges.

In India, we have minority groups that can be identified

in terms of religion, caste, creed and race. Dalits are one of them.
Dalit is a term for a group of people traditionally regarded as
1 Preamble of the United Nations Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities

untouchables (outcastes) or of low caste. The word Dalits comes

from

the Hindi root dal and

means

held

under

check,

suppressed or crushed or, in a looser sense, oppressed.

The usage of the term Dalit seems to have originated from
the Arya Samaj and

their dalitoddhra (improvement of the

downtrodden) program. The Arya Samaj began the All India

Shraddhanand Dalitodwar Sabha to improve the lot of Dalits.

The Constitution of India provides for Fundamental

rights, which include freedom of religion. Clauses also provide for
Freedom of Speech, as well as separation of executive and
judiciary and freedom of movement within the country and
abroad. It is often held, particularly by Indian human rights
groups and activists that members of the Dalit or Untouchable
caste

have

suffered

and

continue

to

suffer

substantial

discrimination. Although human rights problems do exist in India,

the country is generally not regarded as a human rights concern,
unlike

other

countries

in

South

Asia.

Based

on

these

considerations, the report Freedom in the World 2006 by Freedom

House gave India a political rights rating of, and a civil liberties
rating of, earning it the designation of free.
In constitutional terms, Dalits are known as scheduled
castes. There are currently 166.6 million Dalits in India. The
constitution requires the government to define a list or schedule
of the lowest castes in need of compensatory programmes.

These scheduled castes include untouchable converts to Sikhism

but exclude converts to Christianity and Buddhism; the groups
that are excluded and continue to be treated as untouchables
probably constitute another 2% of the population.
Who are the persons of inherence of the rights under
Article 30 of the Indian Constitution? This right secures to
religious and linguistic minorities a right to establish and
administer educational institutions of their choice. Whenever,
therefore, a group seeks its protection by challenging a law or
executive action before a court, the foremost question that the
court must dispose of a preliminary step is whether the group
seeking protection is in fact a minority definable in terms of the
article. The probe would require an enquiry into two questions, (i)
What is a minority? (ii) How is minority to be ascertained in a
given situation?
The Constitution nowhere defines the terms 'minority',
nor

does

it

lay

down

sufficient

indicia

to

the

test

for

determination of a group as minority. Confronted, perhaps, with

the fact that the concept of minority, lie its problem, was
intercalate, the framers made no efforts to bring it within the
confines of a formulation. Even in the face of doubts being
expressed over the advisability of leaving vague justiciable rights
to undefined minorities, the members of the Constituent
Assembly made no attempt to define the term while article 23 of
the Draft Constitution, corresponding to present articles 29 and

30, was being debated, and, presumably left it to the wisdom of

the courts to supply the omission.
However, as the following would show, the opinions of
the courts on the first question appear to be the result of a halfhearted attempt, and, only indicate the futility of depending on
them in any search for an answer to the second question.
Almost all States have one or more minority groups within their
national territories, Characterized by their own ethnic, cultural,
linguistic or religious identity which differs from that of the
majority population. Harmonious relation of one minority with the
other and between the minorities and majorities is a great asset
to the multi-ethnic and multi-cultural diversity of global society. It
is of prime importance that each citizen has respect for individual
group's identity. Meeting the aspirations of national, ethnic,
cultural, religious and linguistic groups and ensuring the rights of
persons belonging to minorities acknowledges the dignity and
equality of all individuals.

1.2 Review of Literature:According to A. K. JainThe word minority is not defined in the constitution.
Whether a section of citizens constitutes a minority for the
purpose of Article 29 and 30 in a state must be determined by

reference to the entire population of the state. It refers to any

community which is numerically less than 50% of the entire
population of the states. A minority could not be determined in
relation to entire population of the country.
According to M. P. JainThe state is to be regarded as the unit for determining both
linguistic minority as well as religious minority. The question
whether a sector denomination of a religious can claim minority
status even though followers of that religion are in majority was
left unanswered [T.M.A. Pai Foundation vs. State of Karnataka
(2002) 8 SCC 481]. Again, in P.A. Inamdar vs. State of
Maharashtra (AIR 2005 SC 3226), the court held: Minority,
whether linguistic or religious, is to be determined by the
demography of a state.
Minority as understood from the constitutional scheme signifies
an identifiable group of people or community who were seen as
deserving protection from a likely deprivation of their religious,
cultural and educational rights by other communities who
happened to be in a majority and likely to gain power in a
democratic form of government based on election.

1.3 RESEARCH QUESTION:-

1. My aim of research is to find whether the existing laws to

protect the cultural and educational rights of minorities are
sufficient to fulfill their purpose or not?
2. If no then what amendment should be needed to secure its
purpose to provide minorities equal status as such of
majorities.

CHAPTER- 2
2.1 CONCEPT OF MINORITY

The word minority has not been defined in the

Constitution.

The

Motilal

Nehru

Report

(1928)

showed

prominent desire to afford protection to minorities, but did not

define the expression. The Sapru Report (1945) also proposed,
inter alia, a Minorities Commission but did not define Minority.
The U.N. Sub-Commission on Prevention of Discrimination and
Protection of Minorities has defined minority as under:
1. The term 'minority' includes only those non-documents group
of the population which possess and wish to preserve stable
ethnic, religious or linguistic traditions or characteristics
markedly different from those of the rest of the population;
2. Such minorities should properly include the number of persons
sufficient by themselves to preserve such traditions or
characteristics; and
3. Such minorities should be loyal to the state of which they are
nationals.
The expression minority has been derived from the Latin word
minor and the suffix ity, which means small in number.
According to Encyclopedia Britannica minorities means group
held together by ties of common descent, language or religious
faith and feeling different in these respects from the inhabitants
of a given political entity. Louis Wirth, who pioneered the study
of Minority problems and offered a definition and classification,
defines a Minority as, A group of people who, because of

physical or cultural characteristics, are singled out from the

others in the society in which they live for differential and
unequal treatment and who therefore regards themselves as
objects of collective discrimination. Moreover, minority status
carries with it an exclusion from full participation in the life of the
society2 J.A Laponce describes Minority as a group of persons
having different race, language, or religion from that of majority
of inhabitants.
Macmillan and Free Press have published the International
Encyclopedia of Social Sciences. In the treatise, the word minority
has been defined as follows:
"In any society, it is a group which is different from the larger
group, in terms of race, nationality, religion or language. Each
group thinks it is distinct and looks down upon the other. As
regards political power is concerned, the situation is different.
The minorities are at the mercy of the larger group, which
discriminates against the smaller group.
According

to

Capotorti's

definition

for

the

United

Nation 3

"Minority" means a community:

a) Compactly or dispersedly settled on the territory of a state;
2 Laponce J. A. The protection of minorities, University of California publication in Political
Science Volume 1960 Pg 5

3 Pan, Christoph/Beate Sibylle Pfeil, National Minorities in Europe, Handbook, Vienna

(Braumller, Ethnos 63, 2003), Volume I and II

b) Which is smaller in number than the rest of the population of a

state;
c) Whose members are citizens of that State.
d) Which have ethnic, linguistic or cultural features different from
those of the rest of the population.
e) Whose members are guided by the will to safeguard these
features.
According to the new Encyclopedia Britannica, Minority is an
aggregate of people who are distinct in religion, language, or
nationality from other members of the society in which they live
and who think of themselves and are thought of by others as
being separate and distinct. The Oxford Dictionary defines
minority as "the condition or fact of being smaller, inferior, or
subordinate; smaller number or part; a number which is less than
half the whole number.

First of all, it is the number count, or the statistical divide

between two or more entities under consideration, resulting in
majority/minority division. The minor, since it is numerically less,
is perceived to be weak and has to be empowered separately
through special measures to make it equal to the majority. In this
power relation, the minor is supposed to be subordinate to the
major.

Who is a minority? Which community fits into the definition of

minority? Who are the beneficiaries of minority rights? These
questions and the possible responses thereto have been subject
of number of studies and lengthy debates in many forums in
which minority protection has been addressed. No definite
answers have been found and no satisfactory universal definition
of the term minority has proved acceptable. The difficulty in
arriving at an acceptable definition lies in the variety of situations
in which minorities exist. Some live in
well defined areas, separated from the dominant part of
population, while others are scattered throughout the national
community. Some minorities base a strong sense of collective
identity on a well-remembered or recorded history; others retain
only fragmented notion of common heritage. In certain cases,
minorities enjoy a considerable degree of autonomy while in
others there is no past history of autonomy or self government.
Some minority groups may
require greater protection than others, because they have
resided for longer period of time in a country, or they have a
stronger will to maintain and develop their characteristics.

According to anthropologists Charles Wagley and Marvin Harris 4,

minorities have following distinctive characteristics:

4 Dr M. P. Raju; Minority Rights:Myth or Reality, Media House, Delhi,2002 Referred

on pg 15

1. Minorities

are

subordinate

segments

of

complex

state

society;
2. Minorities have special or cultural traits held in low esteem by
the dominant segments of society;
3. Minorities are self conscious units bound by special traits
which their members share and by the special disabilities
which these bring;
4. Membership in a minority is transmitted by a rule of descent
which is capable of affiliating succeeding generations even in
the absence of readily apparent special cultural or physical
traits; and
5. Minority peoples, by choice or necessity, tend to marry within
the group.
A Minority or a sub ordinate group is a sociological group that
does not constitute a politically dominant plurality of total
population of a given society. A sociological minority is not
necessarily a numerical minority- it may include any group that is
disadvantaged with respect to a dominant group in terms of
social status, education, employment, wealth and political power.
To avoid confusion, some writers prefer the terms subordinate
group & dominant group rather than minority and
majority.
In socio-economics, the term minority typically refers to a
socially subordinate ethnic group. Other minority groups include
people with disabilities, economic minorities people who are

poor or unemployed, age minorities and sexual minorities

whose sexual orientation is different.

2.2 SOCIOLOGY OF MINORITY GROUPS

Sociologist Louis Wirth defined a minority group as A group of

people who, because of their physical or cultural characteristics
singled out from the others in the society in which they live of
differential and unequal treatment and who therefore regard
themselves
definition

as

objects

includes

both

of

collective

objective

discrimination. 5

and

subjective

This

criteria:

membership of a minority group is objectively ascribed by

society,

based

on

an

individuals

physical

or

behavioral

characteristics; it is also subjectively applied by its members,

who may use their status as the basis of group identity or
solidarity.
In any case, minority group status as the basis of group identity
or solidarity. Minority group status is categorical in nature: an
individual who exhibits the physical or behavioral characteristics
of a given minority group will be accorded the status of that
group and be subject to the same treatment as the other
members of that group.
5 Wirth Louis: The problem of minority group .page 347 in Ralph Linton (ed.), The science
of man in the world crises. New York: Columbia University Press, 1945.

According to the contemporary sociologist, minority is a group of

people differentiated from others in the same society by race,
nationality, religion or language who both think of themselves as
differentiated group and are thought of by the others as
fundamental group identification from within the group and those
of prejudice from without and a set of behaviors- those of
discrimination and exclusion from without6.

2.3 RACIAL OR ETHNIC MINORITIES

Every large society contains ethnic minorities. They may be
migrant, indigenous or landless nomadic communities. In some
places, subordinate ethnic groups may constitute a numerical
majority such as Blacks in South Africa under apartheid.
International criminal law can protect the rights of racial or ethnic
minorities in number of ways7. The right to self determination is
the key issue.

2.4 RELIGIOUS MINORITIES

6 International Encyclopaedia of Social Science, 365, in M. P. Raju; Monority Rights: Myth or

Reality ,pg 14, Media House, Delhi, 2002.

7 Lyal S Sunga (2004) International criminal Law: Protection of Minority Rights Beyond a one
Dimensional state: An Emerging Right to Autonomy? Ed Zelim Skurbaty (2004) (255-275)

Persons belonging to religious minorities have a faith which is

different to that held by the majority. Most countries of the world
have religious minorities. It is now widely accepted that people
should have the freedom to choose their own religion, including
not having any religion (atheism or agnosticism), and including
the right to convert from one religion to another.
However in some countries this freedom is constricted. For
example in Egypt, a system of identity cards requires all citizens
to state their religion and the only choices are Islam,
Christianity or Judaism. As another example, there are allegations
of prejudice against Roman Catholics in the USA by Protestants.
A 2006 study suggests that atheists constitute a religious
minority in the United States, with researchers concluding:
Americans rate atheists below Muslims, recent immigrants, gays
and lesbians and other minority groups in Sharing their vision of
American Society. Atheists are also minority groups most
Americans are least willing to allow their children to marry 8.

2.4 Gender and Sexual Minorities

While in most societies, number of men and women are roughly
equal, the status of women as a subordinate group has led some
8 The Ultimate outsider! Reported on website www.atheists.org, March 25,2006

to equate them with minorities 9. In addition, various gender

variant people can be seen as constituting a minority group or
groups,

such

nonconformists

as

inter-sexual,
especially

trans-sexual,

when

such

and

gender

phenomena

are

understood as intrinsic Characteristics of an identifiable group.

An understanding of Lesbian, Gay, Bisexual and transgender
people as minority group or groups has gained prominence in the
western world since the 19th century. The acronym LGBT is
currently used to group these identities together. The phrase
sexual minorities can also be used to refer to these groups, and
in addition may include fetishists, Polyamorists and people who
prefer sex partners of a disparate age. The term queer is
sometimes understood as an umbrella term for all non-normative
sexualities and gender expressions, but does not always seek to
be

understood

as

minority;

rather,

as

with

many

Gay

Liberationists of 1960s and 70s, it sometimes represents an

attempt to uncover and embrace the sexual diversity in
everyone.

2.5 AGE MINORITIES

The elderly, while traditionally or even (in a gerontocracy)
dominant in the past, have in the modern age usually been
reduced to the minority role economically non-active groups.
Children can also be understood as a minority group in these

9 Hacker, Helen Mayer 1951 Women as minority group. Social Forces, 30, 1951, Pp
60-69.

terms, and the discrimination faced by the young is known as

adultism, Discrimination against the elderly is known as ageism.

2.6 DISABLED MINORITIES

The

Disability

rights

movement

has

contributed

to

an

understanding of disabled people as a minority or a coalition of

minorities who are disadvantaged by society, not just as people
who are disadvantaged by the society but as people who are
disadvantaged by their impairments. Advocates of disability
rights

emphasize

difference

in

physical

or

psychological

functioning, rather than inferiority for example, some people

with Autism argue for acceptance of neuro-diversity, much as
opponents of racism argue for acceptance of ethnic diversity. The
deaf community is often regarded as a linguistic and cultural
minority rather than a disabled group, and many deaf people do
not see themselves as disabled at all. Rather, they are
disadvantaged by technologies and social institutions that are
designed to cater for the dominant group.

CHAPTER-3
3.1 MINORITIES ACCORDING TO LAW
Law defines a minority as A group numerically inferior to the
rest of the population in a non dominant position. In the politics
of some countries a minority is an ethnic group that is recognized
as such by respective laws of its country and therefore has some
rights that other group lack. Speakers of legally recognized
minority language, for instance, might have right to education or
communication with the government in their mother tongue.

Countries that have special provisions for minorities include

China, Germany, India, Romania, Russia and the United Kingdom.
The issue of establishing minority groups, and determining the
extent of privileges they might derive from their status, is
controversial. There are some who argue that minorities are
owed special recognition and rights, while others feel that
minorities are unjustified in demanding special rights, as this
amounts to preferential discrimination and could hamper the
ability of the minority to integrate itself into mainstream societyperhaps to the point at which the minority follows a path to
separatism.
Despite the difficulty in arriving at a universally acceptable
definition,

various

characteristics

of

minorities

have

been

identified, which, taken together, cover most minority situations.

The most commonly used description of a minority in a given
State can be summed up as a non-dominant group of
individuals who share certain national, ethnic, religious
or linguistic characteristics which are different from those
of the majority population. In addition, it has been argued
that the use of self-definition which has been identified as "a will
on the part of the members of the groups in question to
preserve their own characteristics" and to be accepted as
part of that group by the other members, combined with certain
specific objective requirements could provide a viable option.

Protection of minorities is the protection of non-dominant groups,

which, while wishing in general for equality of treatment with the
majority, wish for a measure of differential treatment in order to
preserve basic characteristics which they posses and which they
distinguish them from the majority of the population. The
protection applies equally to individuals belonging to such groups
is justified in the interest of welfare of the community as a whole.
The Indian Constitution may justifiably be described as secular
and multicultural but in a specific way. Difference is recognized
but so also are the values of equal citizenship and equal rights.
After

protracted

discussions

in

the

Constituent

Assembly,

assimilation on terms of equality was offered to caste and class

based minorities in the Constitution, but it was felt that to
achieve this it would be necessary to recognize caste in the
Constitution as a cause of inequalities and as a basis for
affirmative action. At the same time, recognition and protection
was offered to religious, cultural and linguistic minorities. Equal
respect, fairness and non discrimination were to be the guiding
principles of state policies towards minorities and no wall of
separation was envisaged between State and religious activities.
A meaningful conception of minorities would include sections of
people who, on account of their non-dominant position in the
country as a whole, are targets of discrimination and therefore
deserve special consideration. The protection applies equally to

individuals belonging to such groups is justified in the interest of

welfare of the community as a whole.

3.2 MINORITY AS PER INTERNATIONAL LAW

Almost all states have one or more minority groups within their
national territories, characterized by their own ethnic linguistic or
religious identity which differs from that of majority population. A
harmonious relation among minorities and between minorities
and majorities and respect of each groups identity is a great
asset to multi ethnic and multi cultural diversity of our global
society. Meeting the aspirations of national, ethnic, religious and
linguistic groups and ensuring the rights of persons belonging to
minorities
individuals,

acknowledges
furthers

the

dignity

participatory

and

equality

development,

and

of

all
thus

contributes to the lessening of tensions among groups and

individuals. These factors are major determinant of stability and
peace.
Generally, the minority is thought as the opposite of the majority.
In democratic societies, it is based on the numerical ratio to the
population as a whole in particular place. There are times when
the majority is minority and minority is majority. In international
law the term minority is commonly used in restricted sense. It
has come to refer chiefly to a particular kind of group which

differs from the dominant group within the state. The origin of
minority group may be possible in any of the following manners 10:
1) it may formerly have constituted an independent State with its
own tribal organization;
2) it may formerly have been part of a State living under its own
territory, which was later segregated from this jurisdiction and
annexed to another State; or
3) it might have been, or yet be, a regional or scattered group
which although bound to the predominant group by certain
feelings of solidarity, has not reached even a minimum degree of
real assimilation with the predominant group.
Minority can be identified by following distinguishing features 11.
1. A minority group is a subordinate social group. Its members
suffer disadvantages resulting from prejudice and discrimination.
These may include segregation and persecution.
2. The members of a minority group have their own physic,
culture, dialect, etc. which is the dominant group holds in low
esteem. The group usually has distinguished characteristics.
3. The members of minority group identify themselves as a part
of the group. There is an ingroup feeling of loyalty.
10 United Nations Definition and classification of Minorities, 1950, p.9.; in Dr Chandra
Satish, Minorities in National and International Laws, Deep & Deep Publications, New Delhi,
1985

11 Charles Wagley and Marvin Horris, Minorities in the New World, 1964, pg 4-11 quoted in
Dr Chandra Satish, Minorities in National and International Laws, Deep & Deep Publications,
New Delhi, 1985

4. Membership in minority group is usually not voluntary. It is by

birth.
5.

Members

of

minority

group

have

strong

bound

of

brotherhood and generally believe in endogamy.

First

time

the

term

Minority

evolved

as

legal

and

constitutional concept after First World War. Further, the rights of

minority

were

recognized

through

various

international

pronouncements. In the case of Acquisition of Polish Nationality,

the Permanent Court of International Justice defined minority as
inhabitants who differ from rest of the population in race,
language or religion12. The protection of minorities slowly evolved
and came to be covered within the concept of Human Rights and
fundamental freedoms as enshrined in the United Nations
Charter.
Concern over the protection of certain minority groups
was raised by the League of Nations at the end of the First World
War. However, this organization for international peace and
cooperation, created by the victorious European allies, never
achieved its goals. The League floundered because the United
States refused to join and because the League failed to prevent
Japans invasion of China and Manchuria (1931) and Italys attack
on Ethiopia (1935).

12 1923 Series B.7, page 14 quoted in Minorities and the Law at page 78, in M. P. Raju;
Monority Rights: Myth or Reality, pg 14, Media House, Delhi, 2002.

It finally died with the onset of the Second World War

(1939). In 1947, the system for the protection of minorities, as
groups established under the League of Nations and considered
by the United Nations to have outlived its political expediency,
was replaced by the Charter of United Nations and the Universal
Declaration of Human Rights and Freedoms and the principle of
non- discrimination and equality. The view was that if the nonDiscrimination provisions were effectively implemented, special
provisions for rights of minorities would not be necessary. It was
very soon evident, however, that further measures were needed
in order to better protect persons belonging to minorities from
discrimination and to promote their identity. To meet this end,
special rights for minorities were elaborated and measures
adopted to supplement the non- discrimination provisions in
international human rights instruments.
The term minority group often occurs alongside a discourse of
civil rights and collective rights which gained prominence in the
20th century. Members of minority groups are prone to different
treatment in the countries and societies in which they live. This
discrimination may be directly based on an individuals personal
achievement. It may occur indirectly, due to social structures that
are not equally accessible to all.
In the international sphere, the demand for special safeguards to
protect the cultural or linguistic identity of minority communities
has emerged from the principle that owing to war or like

circumstances causing territorial changes without the consent of

people residing

in

those

territories,

the

identity

of such

communities who have been torn as under by circumstances

beyond their control should be preserved from ethnic extinction,
by affording safeguards through International Charters and
National Constitutions.
The human rights of minorities are explicitly set out in Universal
Declaration of Human Rights, the International Covenants, The
Convention of Elimination of all forms of Racial Discrimination,
The Convention on the Rights of the Child, The Declaration on
Rights of persons belonging to National or Ethnic, Religious or
Linguistic Minorities and other widely adhered to international
human rights treaties and Declarations.
The idea underlying the treaties for the protection of minorities is
to secure for certain elements incorporated in a State, the
population of which differs from them in race, language or
religion, the possibility of living peaceably alongside that
population and co-operating amicably with it, while at the same
time preserving the characteristics which distinguish them from
the majority, and satisfying the ensuring special needs.
In order to attain that object, two things were regarded as
particularly necessary, and have formed the subject of provisions
in these treaties.

3.3 MINORITY AS PER THE CONSTITUTION OF INDIA

The architects of the Indian Constitution guaranteed to minorities
all necessary rights and freedoms but have no where defined the
expression Minority. There is no parliamentary legislation either
defining a minority. The Motilal Nehru Report (1928) showed a
prominent desire to afford protection to minorities, but did not
define the expression. The Sapru Report (1945) also proposed,
inter alia, a Minorities Commission but did not define Minority.
The Constituent Assembly had set up Advisory Committee under
the Chairmanship of Sardar Vallabhbhai Patel on the subject of
Fundamental rights including rights of minorities, with the twin
objectives of eliminating the chance of religion exploiting the
State and vice-versa. The Advisory Committee appointed five
sub-committees. One was the minorities sub-committee headed
by H.C. Mukherjee a Christian leader from Bengal.
The Advisory Committee accepted the recommendations of Sub
Committee partially and recommended the following clause to
the Constituent Assembly:
1. Minorities in every unit shall be protected in respect of their
language, script and culture, and no laws or, regulations may be
enacted that may operate oppressively or prejudicially in this
respect.

2. No minority whether based on religion, community or language

shall be discriminated against with regard to admission into State
educational institutions, nor shall any religious instruction be
compulsorily imposed on such minority.
3. (a) All minorities whether based on religion, community or
language shall be free in any unit to establish and administer
educational institutions of their choice.
(b) The State shall not, while providing State aid to schools,
discriminate against schools under the management of minorities
whether based on religion, community, or language.
The clause was incorporated as clause 24 with some drafting
changes in the Draft Constitution prepared by the Constitutional
Advisor. The Drafting Committee revised the text of clause 24
twice, the most significant change being the re-drafting of subclause (1). The clause finally took the shape as Article 23 of the
Draft Constitution. The Drafting Committee, at the revision stage
divided Article 23 into two separate Articles - Article 29 and 30 as
now contained in the existing Constitution 13.
3.4 CULTURAL AND EDUCATIONAL RIGHTS

ARTICLE 29. Protection of interests of minorities-

13 Patel Akhilesh, article on Concept of Minority and Minority Status under Indian
Constitution. http://jurisonline.in/2011/04/concept-of-%E2%80%98minority%E2%80%99and-%E2%80%98minority-status%E2%80%99-under-indian-constitution/visited on
4/06/2011

(1) Any section of the citizens residing in the territory of India or

any part thereof having a distinct language, script or culture of its
own shall have the right to conserve the same.
(2) No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State
funds on grounds only of religion, race, caste, language or any of
them.
ARTICLE 30. Right of minorities to establish and administer
educational institutions(1) All minorities, whether based on religion or language, shall
have

the

right

to

establish

and

administer

educational

institutions of their choice.

[(1A) In making any law providing for the compulsory acquisition
of any property of any educational institution established and
administered by a minority, referred to in clause (1), the State
shall ensure that the amount fixed by or determined under such
law for the acquisition of such property is such as would not
restrict or abrogate the right guaranteed under that clause.]
(2) The State shall not, in granting aid to educational institutions,
discriminate against any educational institution on the ground
that it is under the management of a minority, whether based on
religion or language. From the careful perusal of the above to
Articles of the Constitution of India it is found that Expression
minorities has been used at four places in the Constitution of
India. It has been used in the head note of Article 29 and 30 and

in sub clause (1) and (2) of Article 30. Minorities in Article 30 has
been used in two senses in Article 30, one based on religion and
other based on language.
These provisions were to give religious and linguistic minorities
security and confidence, and develop their own culture by
bringing up their children in the manner and with the ideals they
preferred that the Constitution of the country embodied a special
provision in the list of Fundamental Rights.

Case Conclusion
This project throws light on the rights given to the minorities in
the Constitution of India. The analysis of diverse judgment can be
categorized under the following heads:
1. The linguistic approach: this approach tries to construe the
word "administer" so as to confine it to good administration.
The right to administration does not include the right to
maladministration an institution. This approach can be found
in the judgment of the S.R. Das, C.J. in Kerela Education Bill.

2. The approach of autonomy: according to this approach, so long

as the autonomy of this institution is preserved, regulation of
its working is permissible. The exposition by Khanna J. in St.
Xaviers is not an outstanding example of this approach,

because though it can be discerned in earlier pronouncement

he has elaborate in the ample measure.

3. The

moral approach: it has been stated that if the minorities

asserts a right of administration, it is their duty to provide

good administration.

4.The

constitutional-cum-linguistic approach: according to this

approach, what the constitution in article 13 prohibits is a law,

which "abridges" a fundamental right. Regulatory measures do
not abridge the fundamental rights guaranteed by article 30
and are therefore not hit by article 13. This approach was
enunciated by Mathew J. in St. Xavier's,
5. The logical approach: legislative measures that do not directly
impinge upon minority rights are permissible, not withstanding
that their indirect impact may be adverse to those rights. The
primary object is not interference with a fundamental right,
than the fact that the secondary impact of the challenged law
may be to impair a fundamental right, is immaterial. Mathew J.
in St. Xavier's also suggests this approach.

LIST OF CASES DECIDED BY THE SUPREME COURT OF INDIA

ON RIGHTS OF MINORITY EDUCATIONAL INSTITUTIONS
NAME OF THE CASE
S.N

DECISION IN BRIEF

State of Bombay v.
Bombay Educational
Society( AIR 1954 SC 561)
Kerala Education Bill case
(AIR 1958 SC 956)

Sidhrajbhai v. State of
Gujarat (AIR 1963 SC 540)

S.Azeez Basha v. Union of

India (AIR 1968 SC 662)

Minorities have right to impart instructions to

the children of such community in their own
language.
Minority for the purpose of Articles 29 and 30
of the constitution of India would be
determined by reference to the entire
population of the state.
The Government orders that the grant in aid
and
recognition to the minority colleges will be
withheld
if 80% of the seats to the nominees of the
government are not provided in their
institutions' is violative of Article 30(1) of the
constitution.
A Minority Institution/ University established
by central law/statute of the Parliament
cannot be considered as institute established
by Minority community and therefore not
entitled to claim benefits of Article 30.

Bishop S.K. Patro v. State

of Bihar (1969)1 SCC 863

Minority claiming protection under Article

30(1)
must be a minority of persons residing in
India.

D. A. V. College v. State Of
Punjab (AIR 1971 SC 1731)

St.Xaviers college v. State

of Gujarat , (AIR 1974 SC
13890)

i) The right provided under Article 30(1) to

establish and administer educational
institution of its choice includes the right to
have a choice of medium of instruction also.
ii) A University can prescribe qualification for
the academic staff but actual selection of
teachers must
remain in the hands of minority educational
institution.,
The Constitution of Selection Committee for
appointment of academic staff of a Minority
college
must remain in the hands of the
administration of
the minority educational institution. The
University
to which college is affiliated can only
prescribe qualification for the academic staff.

Lily Kurian vs. st. Levoine

(AIR 1979 SC 52)

S.P.Mittal v. Union of India

(AIR 1983 SC 1)

10

Managing Board, M.T.M. v.

State of Bihar (1984)4 SCC
500

The state may regulate the exercise of the

right to
administration of minority educational
institutions but it has no power to impose
restrictions which is destructive of the right.
The benefit of Art. 30(1) can be claimed by
the community only on providing that it is a
religious of linguistic minority and that
institution was established by it.
The state can lay down reasonable conditions
for
maintaining the standard of education before
they could be considered for affiliation but
refusal of affiliation on terms and conditions
which practically denies the progress and

11

12

13

14

15

16

17

18

autonomy of the institution is violative of

Article 30.
Frank Anthony Pubic
Statutory measures regulating terms and
School Employees'
conditions of service teachers and other
Association v Union of
employees of minority educational
India 1986 (Vo.IV)SCC 707 instructions for maintaining educational
standards and excellence are not violative of
Article 30(1).
St. Stephen's college vs.
Minority aided educational institutions may
University of Delhi (AIR
preserve 50 per cent seats for their
1992 SC 1630)
community candidates and are entitled to
give them preference in admission as it is
necessary to maintain the minority character
of institutions.
Unni Krishnan vs. State of
Minority Educational institutions may charge
A.P. ( 1993) 1 SCC 645
such fee which is required for the betterment
and growth of the institution but they should
not be an element of profiteering in fixing the
fee.
State of Bihar v. Syed Asad State shall not in granting aid to educational
Raza (AIR 1997 SC 2425)
institution, discriminate against any
educational institution on the ground it is
under the management of minority.
Yunus Ali Sha v. Mohamed Management and Administration of the school
Abdul Kalam (1999) 3SCC
should be under the control of the managing
676
committee of the minority institution and not
State authorities.
Manager, St. Thomas U.P.
Even a single philanthropic individual from the
School, Kerala v. Commr.
concerned minority community can establish
and Secy. To G. Ed. Dept.,
a minority institution with his own means.
(AIR 2002(2)1226)
T.M.A. Pai Foundation vs.
An aided minority educational institution
State of Karnataka , (AIR
would be entitled to have the right of
2003 SC 355)
admission of students belonging to the
minority group.
Islamic Academy of
The Supreme Court has directed to constitute
education vs. state of
a separate committee in each state to be
Karnataka (AIR 2003 SC
headed by a retired judge of the high court, to
3724)
approve the fee structure of the minority
institutions

19
20

21

22

23

Brahmo Samaj Education

Society v. State of West
Bengal 2004(6) SCC
P.A Inamdar and others vs.
State of Maharashtra and
others ( AIR 2005 SC
3236)
St. Stephen's college vs.
University of Delhi and
others. ( WP(C)5226/2008
Decided on 21-8-2008 by
Delhi H.C.

Cochin University of
science and Technology
and Another vs. Thomas p.
Joan and others
(2008)8SCC82

Modern Dental College

and research centre and
others vs. state of Madhya
Pradesh and others
(2009)7SCC751

Appointment of Staff is the exclusive right of

minority educational institutions.
State can't impose its reservation policy on
minority and non-minority unaided private
colleges, including professional colleges.
The right of Minority educational institutions
to appoint the head of the institutions cannot
be taken away by any rule or regulation or by
any enactment made by the state even if the
institution is receiving 100% aid. A law which
interferes with the minority choice of Principal
would be violative of Article 30(1).
Minority educational institution must be left to
its own devices in the matter of fixation of
fees. Profiteering or capitation fee is not
permissible but some amount of surplus funds
is permissible. If the institution follows broad
principles, it is not required to explain
minutely the details of its receipt and
expenses.
Private unaided minority institution have right
to devise rational manner of selecting and
admitting students .However certain degree
of state control is required since State has
duty to see that high standards of education
are maintained in all professional institutions.

St Xaviers College Vs. State Of Gujarat ; AIR 1974 SC 1389

In Ahmadabad St. Xaviers College Society v. State of Gujarat, the
Society of Jesus, the petitioners, was running the St. Xaviers
College at Ahmadabad with the objective of providing higher
education to Christian students. However, children of all classes
and creeds were admitted to the college. The college was
affiliated college under the Gujarat University Act, 1949. State
legislations encroaching upon the right of minority educational
institutions became frequent. That led to St. Xaviers College
challenging the legislation in the Supreme Court. The crux of the
matter was the autonomy of the educational institutions and
what were the limits of governmental interference, especially in
the matter of appointment and dismissal of teachers and
admission of students of the minority community. The petitioners
challenged sections 33-A, 40, 41, 51-A and 52-A of the Gujarat
University Act, 1972 which provided for university nominees in
the governing and selection bodies of all colleges, conversion of
all affiliated colleges to constituent colleges, approval of Vice
Chancellor for disciplinary action against members of teaching
staff,

and

reference

of

dispute

between

the

staff

and

management to arbitration in which the umpire has to be Vice

Chancellors nominee.

Nani Palkhivala, appeared for petitioners, argued that the

rights conferred by Article 30(1) could neither be taken
away nor abridged by the state on account of the injection
in Article 13(2), state shall not make any law which takes
away or abridges the right conferred by this part and any
law made in contravention of this clause shall, to the
extent of the contravention, be void. He created a prism on
the theme of autonomy of religious minorities, contending
that

any

requirement

of

prior

approval

by

the

vice-

chancellor or any other offi cer of the university authorized

by him before awarding punishment in cases of disciplinary
misconduct, and that too without any guidelines for the
grant or refusal of such approval, would virtually deprive
the management of any control whatsoever over its staff.
Similar criticism was raised against the power of the
university

to

appoint

its

own

representative

to

the

governing council.
The completeness, the generosity, the thoroughness with
which individual rights have been safeguarded in the
section of our Constitution devoted to fundamental rights,
the way in which these fundamental rights were placed
under the power and jurisdiction of the Supreme Judicature
and the spirit in which those provisions were passed by this
House.-Jerome DSouza

The spirit behind article 30(1) is the conscience of the

nation that the minorities, religious as well as linguistic, are
not

prohibited

from

establishing

and

administering

educational institutions of their choice for the purpose of

giving their children the best general education to make
them complete men and women of the country. Nani
eloquently and movingly expounded the legal position to
the nine- Judge bench. The majority judgment upholding the
right of the minorities is a substantial contribution to our
constitutional jurisprudence.

The Supreme Court has rightly pointed out,

The whole object of conferring the right on the minorities
under Article 30 is to ensure that there will be equality
between the majority and the minority. If the minorities do
not have such special protection they will be denied
equality.

Dalits and Religion

Dalits are not limited to the religion of Hinduism, but they are
present in other religions too.

ISLAM:
Muslim society in India can also be separated into several castelike

groups.

descendants

In
of

contradiction
indigenous

to

the

teachings

lower-caste

of

converts

Islam,
are

discriminated against by noble, or ashraf, Muslims who can

trace their descent to Arab, Iranian, or Central-Asian ancestors.
There are several groups in India working to emancipate them
from upper-caste Muslim discrimination.

The Dalit Muslims are referred to by the Ashraf and Ajlaf Muslims
as Arzal or ritually degraded. They were first recorded in the
1901 census as those with whom no other Muhammadan would
associate, and who are forbidden to enter the mosque or to use
the public burial ground. They are relegated to menial
professions such as scavenging and carrying night soil.

Ambedkar wrote about the Dalit Muslims and was extremely

critical of their mistreatment by upper-caste Muslims, writing:
Within these groups there are castes with social precedence of
exactly the same nature as one finds among the Hindus.

SIKHISM:
Dalits form a class among the Sikhs who stratify their society
according to traditional casteism. The most recent controversy
was at the Talhan village Gurudwara near Jalandhar where there
was

Different

dispute
Sikh

between JatSikhs
Dalits

and Ravidasia Sikhs.

are Ravidasia Sikh

The

and Mazhabi Sikh.

Although Sikhism does not recognize the Caste System, many

families, especially the ones with immediate cultural ties to India,
generally do not marry among different castes.
There are sects such as the Adi-Dharmis who have now
abandoned Sikh Temples and the 5 Ks. They are like the
Ravidasis and regard Ravidas as their guru. They are also clean
shaven as opposed to the mainstream Sikhs. Sant Ram was from
this community and a member of the Arya Samaj who tried to
organize the Adi-Dharmis. Other Sikh groups include Jhiwars,
Bazigars, Rai Sikh (many of whom are Ravidasias.) Just as with
Hindu Dalits, there has been violence against Sikh Dalits.
CHRISTIANITY:
Across India, many Christian communities still follow the caste
system. Sometimes the social stratification remains unchanged
and in some cases such as among Goan Christians, the
stratification

varies

as

compared

to

the

Hindu

system.

Conversion to Christianity does not necessarily free Dalits from

the bondage of the caste system.

BUDDHISM:
In Maharashtra, Uttar

Pradesh, Tamil

Nadu and

few

other

regions, Dalits have come under the influence of the neoBuddhist movement initiated by Ambedkar. Some of them have
come

under

the

influence

of

the Neo-Buddhist and

Christian Missionaries and have converted away from Hinduism

into religions such as Christianity and Buddhism in what they
have been told is an attempt to eliminate the prejudice they
face.

Chapter-4
Constitutional Aspect Regarding Minorities:Regarding the concept of minority in the Indian context, it can
be said that the term has not been properly defined anywhere in
the Indian Constitution. But minority status has been conferred
on many groups.
i. According to the Article 29 of the Constitution, any group living
within the jurisdiction of India is entitled to preserve and promote
its own language, script or literature, and culture.
ii. Article 30 states that a minority group whether based on
religion or language shall have the right to establish and
administer educational institution of their choice.
Problems of Religious Minorities Racial, religious, ethnic, linguistic
and other minorities are subject to some or the other problems

everywhere. The two main problems which they normally face

are: (i) the problem of prejudice and discrimination, and (ii) the
problem of preserving their distinct social and cultural life.
1) Problem of Prejudice and Discrimination:

In the Indian context, discrimination especially in providing

opportunities to people of different religious communities is, not
at all in practice. The Preamble of the Constitution itself declares
that all people irrespective of their caste, class, colour, creed,
sex, region or religion will be provided with equal rights and
opportunities.
Articles 15(1) and 15(2) prohibit discrimination on grounds of
religion. Article 25 promises the right to profess, propagate and
practise religion. It is clear that there is no legal bar on any
religious community in India to make use of the opportunities
[educational, economic, etc.] extended to the people. It is true
that some religious communities [for example, Muslims] have not
been able to avail themselves of the opportunities on par with
other communities.
This situation does not reflect any discrimination. It only reveals
that such communities have been lagging behind in the
competitive race, mainly because of the lack of educational
qualification.

As far as prejudices are concerned, prejudices and stereotyped^

thinking are common features of a complex society. India is not
an exception to this. Commonly used statements such as
Hindus are cowards and Muslims are rowdies; Sikhs are dullards
and Christians are converters , etc. reflect the prevalent
religious prejudices.
Such prejudices further widen the social distance among the
religious communities. This problem still persists in India. Except
in some sensitive areas this problem of prejudice is not disturbing
the routine life of different communities, including that of the
minorities.

2) Problem of Preserving Distinct Social and Cultural Life:

India is one among the very few nations which have given equal
freedom to all the religious communities to pursue and practise
their religion. Article 25 of the Constitution provides for such a
right. Added to this, Article 3D (1) states all minorities whether
based on religion or language shall have the right to establish
and administer educational institutions of their choice.

They are given the right to preserve their socio-cultural

characteristics. It has set up a Minorities Commission to help
the minorities in seeking justice. No minority community can
have a grievance against any government particularly in this
matter.
Some of the Problems of Minorities in India:
In spite of the provisions of the constitutional equality, religious
minorities in India, often experience some problems among
which the following may be noted.
1) Problem of Providing Protection:
Need for security and protection is very often felt by the
minorities. Especially in times of communal violence, caste
conflicts, observance of festivals and religious functions on a
mass scale, minority groups often seek police protection.
Government in power also finds it difficult to provide such a
protection to all the members of the minorities. It is highly
expensive also. State governments which fail to provide such
protection are always criticised.
For example, (i) the Rajiv Gandhi Government was severely
criticised for its failure to give protection to the Sikh community
in the Union Territory of Delhi on the eve of the communal
violence that broke out there soon after the assassination of
Indira Gandhi in 1984. (ii) The Gujarat State Government was
criticised for its inability to provide protection to the Muslim

minorities in the recent [Feb. Mar. 2002] communal violence

that burst out. (iii) Similarly, the Government of Jammu-Kashmirs
inefficiency in providing adequate security to the Hindu and Sikh
minorities

in

that State against

the

atrocities of

Muslim

extremists is also widely condemned.

2) Problem of Communal Tensions and Riots:
Communal tensions and riots have been incessantly increasing
since independence. Whenever the communal tensions and riots
take

place

for

whatever

reason,

minority

interests

get

threatened; fears and anxieties become widespread. It becomes

a tough task for the government in power to restore the
confidence in them.
3) Problem of Lack of Representation in Civil Service and
Politics:
Though

the

Constitution

provides

for

equality

and

equal

opportunities to all its citizens including the religious minorities,

the biggest minority community, that is, Muslims in particular,
have not availed themselves of these facilities. There is a feeling
among them that they are neglected.
However, such a feeling does not seem to exist among the other
religious minority communities such as the Christians, Sikhs,
Jains and Buddhists, for they seem to be economically and
educationally better than the majority community.

4) Problem of Separatism:
Some of the demands put forward by some religious communities
in some areas are not acceptable to others. This has widened the
gap between them and others, Examples: The separatist
tendency present among some Muslim extremists in Kashmir and
their demand for the establishment of Independent Kashmir is
not acceptable to others.
Such a demand is regarded as anti-national. Similarly, some of
the Christian extremists in Nagaland and Mizoram are demanding
separate statehood for their provinces. Both these derrjands are
supportive of separatism and hence cannot be accepted.
Supporters

of

such

demands

have

been

causing

lot

of

disturbances and creating law and order problems in the

respective states.
5) Failure to Stick on Strictly to Secularism:
India has declared itself as a secular country. The very spirit of
our Constitution is secular. Almost all political parties including
the Muslim League claim themselves to be secular. But in actual
practice, no party is honest in its commitment to secularism,
Purely religious issues are often politicised by these parties.
Similarly, secular issues and purely law and order problems are
given religious colours. These parties are always waiting for an
opportunity to politicalise communal issues and take political
advantage out of it. Hence, the credibility of these parties in their

commitment to secularism is lost. This has created suspicion and

feeling of insecurity in the minds of minorities.

6. Problem Relating to the Introduction of Common Civil Code:

Another major hurdle that we find in the relation between the

majority

and

the

Governments which

minority

is

relating

have assumed

to

power

the
so

failure
far,

in

of
the

introduction of a common civil code.

It is argued that social equality is possible only when a
common civil code is enforced throughout the nation. Some
communities, particularly the Muslims oppose it. They argue that
the imposition of a common civil code, as it is opposed to the
Shariat will take away their religious freedom. This issue has
become controversial today. It has further widened the gap
between the religious communities.
It

is

true

that

communal

disturbances,

religious

conflicts, group clashes are taking place frequently in India. In

spite of these disturbances the nation has maintained its secular
character for the past 55 years. Further, the government has
been making special efforts to safeguard the interests of the
religious minorities.

Some of the governmental efforts in

promoting the welfare of the minorities are mentioned below.

3) 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.
4) Problem of Security:

Different identity and their small number relative to the rest of

the society develops 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 a society are strained or not much cordial.
5) Problem Relating to Equity:

The minority community in a society may remain deprived of the

benefit

of

opportunities

of

development

as

result

of

discrimination. Because of the difference in identity, the minority

community develops the perception of the sense of inequity.
So far as the problems of Muslims are concerned, which is
the largest minority community in India, they fall into
three categories:

(a) Problems those are common to all poor people.

(b) Problems those are common to all minorities.
(c) Problems those are specific to Muslims only.

Chapter-5
5.1 Constitutional rights and safeguards provided
to the minorities in India

Though the Constitution of India does not define the word

Minority and only refers to Minorities and speaks of those
based on religion or language, the rights of the minorities have
been spelt out in the Constitution in detail.
5.1. Common Domain and Separate Domain of rights of
minorities provided in the Constitution
The Constitution provides two sets of rights of minorities which
can be placed in common domain and separate domain. The
rights which fall in the common domain are those which are
applicable to all the citizens of our country. The rights which fall

in the separate domain are those which are applicable to the

minorities only and these are reserved to protect their identity.
The distinction between common domain and separate domain
and their combination have been well kept and protected in the
Constitution. The Preamble to the Constitution declares the State
to be Secular and this is a special relevance for the Religious
Minorities.

Equally

relevant

for

them,

especially,

is

the

declaration of the Constitution in its Preamble that all citizens of

India are to be secured liberty of thought, expression, belief,
faith and worship and equality of status and of opportunity.
5.2 Common Domain, the Directive Principles of State Policy
Part IV of the Constitution
The Constitution has made provisions for the Fundamental
Rights in Part III, which the State has to comply with and these
are also judicially enforceable. There is another set of nonjusticiable rights stated in Part IV, which are connected with
social and economic rights of the people. These rights are
known as Directive Principles of State Policy, which legally are
not binding upon the State, but are fundamental in the
governance of the country and it shall be the duty of the State
to apply these principles in making laws. (Article 37). Part IV
of the Constitution of India, containing non-justiciable Directive
Principles of State Policy, includes the following provisions
having significant implications for the Minorities :-

i.

obligation

of

the

State

to

endeavour

to

eliminate

inequalities in status, facilities and opportunities amongst

individuals and groups of people residing in different areas or
engaged in different vocations;[Article 38 (2) ]
ii.

obligation of State to promote with special care the

educational and economic interests of the weaker sections of
the people (besides Scheduled Castes and Scheduled Tribes);
[Article 46] and
2.1. Common Domain, the Fundamental Duties Part IVA of
the Constitution
Part IV A of the Constitution, relating to Fundamental Duties as
provided in Article 51 A applies in full to all citizens, including
those belonging to Minorities. Article 51 A which is of special
relevance for the Minorities stipulates as under:i.

Citizens duty to promote harmony and the spirit of common

brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities; and

ii.

Citizens duty to value and preserve the rich heritage of our

composite culture.

2.2.
Common Domain, the Fundamental Rights Part III
of the Constitution
The Constitution has provided a definite space for both the
domains i.e. common as well as separate. In Part III of the
Constitution, which deals with the Fundamental Rights is divided

into two parts viz. (a) the rights which fall in the common
domain and (b) the rights which go to the separate domain. In
the common domain, the following fundamental rights and
freedoms are covered:
i.

peoples right to equality before the law and equal

protection of the laws; [Article 14]

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)]

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)]

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)]

vi.

peoples 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 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]

ix.

peoples freedom as to attendance at religious instruction

or religious worship in educational institutions wholly
maintained, recognized, or aided by the State.[Article 28]

2.3. Separate Domain of Minority Rights

The Minority Rights provided in the Constitution which fall in the
category of Separate Domain are as under:i.

right of any section of the citizens to conserve its distinct

language, script or culture; [Article 29(1)]

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)]

iv.

freedom of Minority-managed educational institutions from

discrimination in the matter of receiving aid from the State;
[Article30(2)]

v.

special provision relating to the language spoken by a

section of the population of any State;[Article 347]

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; and [Article 350 B]

viii.

Sikh communitys right of wearing and carrying of kirpans;

[Explanation 1 below Article 25]
1) Indias multi-culturalism interwoven in the Constitution

The various Articles of the Constitution providing rights to the

minorities, clearly and firmly point out to only one direction: that
of a multi-religious, multi-cultural, multi-lingual and multi-racial
Indian society, interwoven into an innate unity by the common
thread of national integration and communal harmony. By the
yardstick adopted by the framers of the Constitution and
crystallized into its provisions the Indian Nation is not just a
conglomeration

of

individual

inhabitants

of

this

State;

it

comprises of two distinct categories of constituents. The two-tier

commonwealth of Indian Nation includes, on one hand, every
citizen of India individually and, on the other hand, the multitude
of religious, linguistic, cultural and ethnic groups among its
citizens. The Indian Nation is an enormous coparcenaries in which
the individual citizens are also members of their own respective
branches taking the form of religious, cultural, linguistic and
ethnic groups. And all these groups, like all individuals, have the
same Fundamental Rights to enjoy and the same Fundamental
Duties to discharge.
2) Protection of weaker sections in Indian pluralistic society
The social pluralism of India, as fortified by the unique
Constitutional concept of secularism, raises the need for the
protection and development of all sorts of weaker sections of the
Indian citizenry whether this weakness is based on numbers or
on social, economic or educational status of any particular group.
The Constitution, therefore, speaks of Religious and Linguistic
Minorities, Scheduled Castes, Scheduled Tribes and Backward
Classes and makes or leaves room for making for them
special provisions of various nature and varying import.

CONCLUSION

i.

Constitutional status will be conferred on National

Commission for Minorities thereby enabling it to conduct
independent inquiry and investigation, as in the case of
National Commission for Scheduled Castes and Scheduled
Tribes.

ii.

Legislation will be enacted for prevention, control and

rehabilitation of victims of sectarian violence.

iii.

State Governments will be encouraged to set up State

Minorities Commissions in the States where they do not
exist and also accord them Statutory Status.

iv.

Urdu and Gurmukhi languages will be promoted. Efforts will

be made to include the Bhoti language will be included in
the VIIIth Schedule of the Constitution.

v.

Dalit Christians and Dalit Muslims will be considered for

benefits at par with Scheduled Castes and Scheduled Tribes.

vi.

Reports of all Inquiry Commissions set up to inquire into

incidents of communal or sectarian violence will be made

available in public domain and their recommendations will

be closely followed up and implemented speedily.
vii.

State Governments will be given incentives to earmark a

proportionate share to Minority Communities in all
infrastructural programmes and employments.

viii.

Wakf properties will protected be by the State Governments

and be put to optimum use and fresh institutional supports
will be provided. State Governments will also be advised to
do the same.

ix.

A National Data Bank will be created where all relevant data

for various Minority communities will be maintained.

x.

That provisions in question seeks to protect minorities

against state action, which term includes laws and also
under
them,
executive
actions.

xi.

That ours being a federal democratic system, political and

legislative processes operate not only from the national
center of power but also from the states.

xii.

That these states are autonomous in their respective

legislative spheres-and laws are passed by majority votes.

xiii.

That minorities, considered as much on the national level,

do constitute numerical majority in some states.

xiv.

That these majorities may, by their laws, deny the

protection to the non-dominant group which the Constitution
so
emphatically
seeks
to
secure.

xv.

That these majorities may, by their numerically strength,

overshadowed
the
distinct
shadow
the
distinct
characteristics and individuality of the non-dominant
groups, and the latter may have to live under a

psychological fear of being discriminated and overwhelmed.

xvi.

That it was this fear in some sections of some minorities at

least, which had pervaded the politics the politics of prepartition India, and that it was on this premise that minority
rights were demanded and conceded in Constitution
Assembly.

xvii.

That it is this fear, which still continues to be the core

component of the minority component.

xviii.

That the assurance to protection for minorities can tell its

true meaning only when a non-dominant group in a state is
define and ascertain as 'minority' where the law in question
is a state law, even though the group happens to be a part
of the 'majority', considered a majority in the context of the
whole country.

xix.

That the same reason that became the basis for article 29
and 30 to find a place in the category of Justifiable
Fundamental Rights must be valid in this situation also.

Bibliography:Primary data

1.

India 2009 Publication Division, Ministry of Information and Broadcasting,

Government of India

2.

Pathology of Power: Caste and Capabilities by S. Venkatesan

(http://socialjustice.ekduniya.net/Infocus/document.2006-10-30.5732466945)

3.

Story of deprivation: dalits plight of landlessness and social and physical

vulnerability
(http://socialjustice.ekduniya.net/ThematicArea/ThematicArea/Dalits/news_item.2
006-12-21.0722037621)

4.

Minority Rights from World Directory of Minorities and Indigenous Peoples

(http://www.minorityrights.org/5652/india/dalits.html)

Secondary data:5. The Dalit in India Caste and Social Class

(http://findarticles.com/p/articles/mi_m2267/is_1_70/ai_102140949/)
6. Dalits in India 2000: The Scheduled Castes more than a half century after
Independence Interview of P.Sainath (http://www.asiasource.org/asip/dalits.cfm)
7. Dawn Of Dalit? By Ashok K Singh (http://www.countercurrents.org/dalitsingh300106.htm)
8. National Commission of Minorities website
http://ncm.nic.in/current_commision.html
9. Articles related to Dalits on Kafila. (http://kafila.org/tag/dalits/)
10. The Concept of Hindu Rashtra by K Surya Narayan Rao
(http://www.hindubooks.org/whr/the_concept_of_hindu_rashtra/page1.htm)
11. Dalits on Wikipedia http://en.wikipedia.org/wiki/Dalit
12. Minority Group on Wikipedia http://en.wikipedia.org/wiki/Minority_group
Web data:-

Hypothesis:-

In a vast country like India in order to provide equality and unity

among its citizens, as there is a wide difference between the
minority and the majority special rights should be endowed to
minorities so that they can develop their personality to the
maximum. In accordance to this view various articles in our
constitutions and acts are being enshrined, so, that these
minorities can compete majority. Among these articles article
30(1)

and

National

Commission

for

Minority

Educational

Institutions Act, 2004 provides minorities to establish, administer

educational institutes and to affiliate themselves to central
universities. But various lacunas are being observed since the
birth of these rights and acts. It has been observed that these
articles and acts are unable to clear various facet like - (1) Is
there any right to create educational institutes for minorities and
if so under which provision? (2) In order to determine the
existence of a religious or linguistic minority in relation to article
30, what is to be the unit, the State or the country as a whole?
(3) To what extent can the rights of aided private minority
institutions to administer be regulated? Still answers to these
questions are illusionary and ambiguous in nature. Even National
Commission for Minority Educational Institutions Act, 2004
defines a minority institute as a college or institution (other than
a university) established or maintained by a person or group of
persons from amongst the minorities. Thus, just on account of

the minority identity of the management, an institute is to be

accorded the minority status, irrespective of whether or not that
particular institute is serving the interests of the minority
community in its entirety. It is a well known fact that majority of
the institutes established in the name of minorities are not
serving the real interests of the minorities, especially those of the
socially and economically underprivileged sections. Students are
admitted on the basis of their money power and not on the basis
of their merit or minority identity. That will further fasten this
process and will serve the interests of the economic minority
instead of the religious and linguistic minorities. So, in order to
make these articles and acts free from ambiguity and illusionary
nature help from Court should be taken in a view to remove this
ambiguity. It is very important as development, equality, unity of
our country relies on these articles and acts.