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Minority Rights
Context:
The discussion surrounding minority rights must evolve beyond the traditional framework of communalism versus secularism and be reframed within the context of democracy and substantive equality.
More on News:
- Acknowledging the importance of minority rights, the UN General Assembly adopted the Declaration on the Rights of Persons Belonging to National, Ethnic, Religious, and Linguistic Minorities on December 18, 1992, which is now observed as Minority Rights Day globally.
- Minority rights are fundamental in a democratic society, as Franklin Roosevelt aptly stated, “no democracy can long survive which does not accept as fundamental to its very existence the recognition of the rights of minorities.”
Origins of Minority Rights:
- Austria: The concept of minority rights dates back to the 19th century, with early legal recognition in Article 19 of the Austrian Constitutional Law (1867), which granted ethnic minorities the right to preserve their nationality and language.
- Hungary and Switzerland: Similar provisions appeared in the Hungarian Act XLIV of 1868 and the Swiss Constitution of 1874, which ensured equal rights for the country’s three official languages in civil services, legislation, and courts.
- Post World War I: Following World War I, the peace treaties addressed the status of minorities in countries such as Poland, Czechoslovakia, and Romania, ensuring the protection of minority rights.
- UDHR: Article 27 of the Universal Declaration of Human Rights guarantees every individual the right to community, allowing participation in cultural activities and associations.
Minority Rights in India’s Constitutional Framework:
- Constituent Assembly: The framers of the Indian Constitution demonstrated significant sensitivity to the needs of minorities.
- Pandit G.B. Pant, in his resolution to establish an Advisory Committee on Fundamental Rights and the Rights of Minorities, emphasised that resolving minority issues was crucial for the health and stability of the Indian state.
- Constitution: Under the leadership of Sardar Vallabhbhai Patel, the committee crafted Articles 25 to 30, recognising the need for a framework that embraces multiculturalism, difference, and minority rights—critical for a diverse nation like India.
Rationale Behind Minority Rights:
- The rationale for minority rights in the Indian Constitution is rooted in the preservation of cultural diversity.
- While Articles 14-18 (equality), 19 (free speech), and 25 (freedom of religion) safeguard individual rights, they are insufficient to protect the distinct language, culture, and identity of minority communities.
- As Article 29 emphasises, the right to conserve culture is a group right, vital for the dignity and well-being of individuals.
- Without a supportive environment for their communities, individuals’ cultural rights hold little significance.
- Article 30 guarantees religious and linguistic minorities the right to establish and manage institutions, thereby creating spaces for these cultures to thrive.
Defining Minority Rights and Institutions:
- Although the term “minority” is used several times in the Indian Constitution, it is not explicitly defined.
- The Supreme Court has consistently stated that minorities are to be determined at the state level, acknowledging that Hindus are a minority in certain regions like Punjab and Kashmir.
Article 29(1) grants any group with a distinct language, script, or culture the right to preserve it.
- This provision recognises the importance of cultural diversity and acknowledges that individuals may belong to multiple cultures.
Article 30 extends the right to minorities to establish and administer educational institutions of their choice.
- In the Kerala Education Bill (1957) case, the Supreme Court clarified that “choice” is the central term in Article 30, allowing minorities to establish institutions without restrictions.
- The Court has consistently upheld this protection, including for pre-Constitution institutions like St. Stephens College and Aligarh Muslim University, recognising their right to claim minority status.
The Indicia of Minority Institutions:
- In the landmark Aligarh Muslim University (2024) case, the Supreme Court established flexible and broad criteria for defining minority institutions, emphasising factors such as the ideation behind the institution, its founding by minority members, and its intent to serve predominantly the minority community.
- The Court also clarified that it is not necessary for minority institutions to be administered entirely by members of the minority group, as the right to administer follows the establishment of the institution.
- While there is no right to receive government aid, Article 30(2) ensures that minority institutions are not discriminated against in the allocation of state funds or support.
- The Supreme Court has consistently upheld that minority institutions must adhere to reasonable regulations set by the government to prevent maladministration and maintain educational standards.
- In the 1974 St. Xavier’s College case, the Court emphasised that while minorities have the right to manage their institutions, they cannot use this right to avoid compliance with broader standards of education and governance.
