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Context:

The debate over minority rights should shift from communism versus secularism to democracy and substantive equality. On December 18, 1992, the UN General Assembly declared the rights of persons belonging to national, ethnic, religious, and linguistic minorities, which is now known as Minority Rights Day around the world.

What is the historical origin of minority rights?

Minority rights have a long history and can be traced back to various international and national frameworks. Article 19 of the Austrian Constitutional Law (1867) recognised ethnic minorities' right to retain their nationality and language. Hungary's Act XLIV of 1868 and the Swiss Constitution of 1874 guaranteed linguistic minorities equal rights in civil services, legislation, and courts. 

After World War I, peace treaties with Poland, Czechoslovakia, and Greece addressed the status of minorities. 

The Universal Declaration of Human Rights (Article 27) guarantees every person the right to enjoy their culture and participate in cultural forums, emphasising the significance of cultural diversity and minority rights.

How did the Constituent Assembly address minority rights?

The Constituent Assembly was extremely sensitive to the needs of minorities. Pandit G.B. Pant highlighted that addressing minority issues was essential for peace and progress. 

The Advisory Committee on Fundamental Rights and the Rights of Minorities, chaired by Sardar Vallabhbhai Patel. As a result, Articles 25–30 were adopted into the Indian Constitution to protect minorities' rights, preserving their dignity and cultural heritage.

Minority rights in the Indian Constitution 

Individual rights such as equality (Articles 14-18), freedom of speech (Article 19), and religious freedom (Article 25) are important, but they do not fully address the need to protect language, script, or culture, which is covered by Article 29.

Article 30 of the Constitution

Article 30 ensures that religious and linguistic minorities can set up and manage their own educational institutions. This right is critical because it enables minorities to establish spaces where their cultural and educational needs are prioritised. 

The Supreme Court has confirmed this right several times, even extending it to pre-Constitutional institutions. In the Aligarh Muslim University (2024) case, the Court confirmed that national institutions can claim minority status if certain criteria are met.

In the Kerala Education Bill case (1957), the Court ruled that the state cannot impose unreasonable demands on minority institutions. The Court also ruled that state funding should not be subject to conditions that undermine the institutions' minority character. 

How does the Supreme Court define "minority"?

In the TMA Pai Foundation case (2002), the Court emphasised that a minority institution's intent and origins must be consistent with the community's interests. An individual from the minority community must take the initiative to establish such an institution.

The Court ruled that the definition of "minority" differs by state. Hindus are considered a minority in Punjab, Jammu and Kashmir, and in several northeastern states. This approach reflects the diversity of federal structure, in which a community's minority status varies by state. 

What is the role of the National Commission for Minorities?

It was established by the Union Government under the National Commission for Minorities Act 1992. It plays an important role in protecting minority rights in India. 

It addresses issues that affect minority communities and works to protect their rights. There is also a National Commission for Minority Educational Institutions, which focuses on issues concerning educational rights and institutions founded by minorities. 

These organisations give minorities a platform to express their concerns and seek redress for violations of their rights.

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Source: 

The Hindu