ASSIGNMENT

Topic-1: PROBLEMS OF MINORITIES IN INDIA:

Submitted By

MOHAMMAD ZIYA ANSARI

BALLB (HONS)
SEMESTER-VI
ENROLLMENT NO- GI- 6492
FACULTY NO- 17BALLB- 72
2nd - GCT

Submitted To

DR. M. KALIMULLAH Sir

Assistant Professor, Faculty of Law

Aligarh Muslim University

ALIGARH-202002 (INDIA)

2019-20
 SYNOPSIS

1-INTRODUCTION OF MINORITIES.

2-THE CONCEPT OF MINORITIES IN INDIA.

3-CONSTITUTIONAL PROVISIONS FOR MINORITIES IN INDIA.

4-TYPE OF MINORITY GROUPS IN INDIA: -

A- RACIAL OR ETHNIC MINORITIES.

B- RELIGIOUS MINORITIES.

C- GENDER AND SEXUAL MINORITIES.

D- AGE MINORITIES.

E- DISABLED MINORITIES.

5-PROBLEM FACED BY MINORITIES IN INDIA.

6-GOVERNMENT INITIATIVES.

7-CONCLUSION.
 ACKNOWLEDGEMENT

I WOULD LIKE TO EXPRESS A DEEP SENSE OF

THANKS & GRATITUDE TO MY PROJECT GUDIE PROFESSOR.

MOHAMMAD KALIMULLAH SIR FOR GUIDING ME IMMENSELY

THROUGH THE COURSE OF THE PROJECT.

I ALSO THANKS TO MY SENIORS FOR THEIR MOTIVATION &

SUPPORT. I MUST THANKS TO MY CLASSMATES FOR THEIR
TIMELY HELP & SUPPORT FOR COMPLETION OF THIS PROJECT.

LAST BUT NOT THE LEAST, I WOULD LIKE TO THANKS TO ALL

THOSE WHO HELPED ME DIRECTLY OR INDIRECTLY TOWARDS
THE COMPLETION OF THIS PROJECT.

THANKING YOU

MOHAMMAD ZIYA ANSARI

BALLB-3rd Year GI-6492

17BALLB-72
1-INTRODUCTION OF MINORITIES :
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.

The Indian socio-economic fabric is very complex because it is much affected by caste, religion
and all the more regional / linguistic differentials. At the same time, the Indian economic, social
and political institutions which are persisting since centuries have a historical basis. These
factors have given a unique character to Indian society. It has become a conglomeration of
various layers and segments divided and sub-divided. India is a multi-lingual and a multi-religious
country. Indian society is pluralistic in character from the religious and other points of view. Since a very
long-time people belonging to various religious communities has been living together in this country.

Though the majority of the people living in this land are Hindus [82.41%], people belonging to
other religious communities such as Muslims [11.67%], Christians [2.32%], Sikhs [2%],
Buddhists [0.77%], Jains [0.41%] and others rO.43%] are also living along with the Hindus by
enjoying on par similar rights and opportunities. By virtue of their numerical strength, the
Hindus constitute the majority while the rest of the religious communities come under what is
known as “religious minorities”.

2-THE CONCEPT OF MINORITIES IN INDIA:

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 con-
ferred on many groups. 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”.

According to Captor’s definition for the United Nation31 "Minority" means a community:

a) Compactly or dispersedly settled on the territory of a state;

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.

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.

According to anthropologists Charles Wigley and Marvin Harris, minorities have following
distinctive characteristics:

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.

3-CONSTITUTIONAL PROVISION FOR MINORITIES:

The term "Minority" has not been properly defined anywhere in the Indian Constitution.
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. Article- 30
states that a minority group whether based on religious or language shall have the right to
establish and administer educational institution of their choice.

Article 51A which is of special relevance for the Minorities:

a) citizens duty to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic ad regional or sectional diversities

b) Citizens duty to value and preserve the rich heritage of our composite culture.

4-TYPE OF MINORITY GROUPS IN INDIA: -

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 as objects of collective
discrimination.” This definition includes both objective and subjective criteria: membership of a
minority group is objectively ascribed by society, based on an individual’s 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.

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 without.

A- RACIAL OR ETHNIC MINORITIES.

B- RELIGIOUS MINORITIES.

C- GENDER AND SEXUAL MINORITIES.

D- AGE MINORITIES.

E- DISABLED MINORITIES.

A-RACIAL OR ETHINIC 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 ways35. The right to self-determination is
the key issue.

B- RELIGIOUS MINORITIES:

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.

C-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 to equate them with minorities37. In addition, various gender
variant people can be seen as constituting a minority group or groups, such as inter-sexual, trans-
sexual, and gender nonconformists – especially when such 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.

D-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 terms, and the discrimination faced
by the young is known as adultism, Discrimination against the elderly is known as ageism.

E- 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.

5- PROBLEMS FACED BY MINORITIES IN INDIA:

a. 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.

b. 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.

c. 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-Kashmir’s inefficiency in providing adequate security to the Hindu and
Sikh minorities in that State against the atrocities of Muslim extremists is also widely
condemned.

d. 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.

e. 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.
f. 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 errands
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.

g. 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.

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

Another major hurdle that we find in the relation between the majority and the minority is
relating to the failure of Governments which have assumed power so far, in 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 “Sharia” 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.

5- GOVERNMENT INITIATIVES:

The Government has taken various steps to improve socio-economic and educational status of
minority communities

* Prime Minister’s New 15 Point Program :

a) Prime Ministers New 15 Point Program for the Welfare of Minorities, which is an
overarching programme covering various schemes/ initiatives of different Ministries/
Departments

b) Earmarking 15% of targets/ outlays for the minorities or specific monitoring of flow of
benefits/ funds to minorities or areas with substantial minority population.

c) The programme is being implemented with the objectives of enhancing opportunities for
education of minorities

d) ensuring equitable share for minorities in economic activities and employment

e) improving the condition of living of minorities

f) preventing and controlling the communal disharmony

* National Commission for Minorities (NCM) was set up by the Union Government of
India in 1992 to protect the existence of minorities all over India.

* USTAAD :

a) The Scheme aims at upgrading Skills and Training in preservation of traditional Ancestral
Arts/Crafts of minorities.

* Hamari Darohar :
a) The Scheme aims to preserve rich heritage of minority communities in context of Indian
culture.

* Khawaja Garib Nawaz Senior Secondary School :

a) Will be established at Ajmer by Maulana Azad Education Foundation (MAEF) to give a fillip
to minority education.

* Nai Manzil :

a) A bridge course to bridge the academic and skill development gaps of the deeni Madrasa pass
outs with their mainstream counterparts.

* Strengthening of State Wakf Boards :

a) The scheme envisages to provide assistance for meeting the training and administrative cost of
State Wakf Boards

b) Removal of encroachment from Wakf Properties and also strengthening of Zonal/Regional

offices of Wakf Boards.

* Nai Roshni :

a) The scheme is envisaged to reach out to women through nongovernmental organizations who
will be provided with financial support

b) conducting leadership development trainings so that women are empowered and emboldened
to move out of the confines of home and community

* Minority Cyber Gram :

a) The MCG programme seeks to introduce digital literacy skills in identified minority clusters
in India

b) through designated Digital Fellows towards knowledge empowerment and entitlement gains
of minority focused groups and beneficiaries
7-CONCLUSION :
Only a coalition of the oppressed castes, classes and gender across religions can overcome
communalism. Struggle for secularization has to go along with the resistance to the majoritarian
attempt to equate majority and minority communalism. The scourge and cycle of communal
hatred and violence can be stopped only by ending first the history of false equivalences and
selective silences.

8- BIBLIOGRAPHY :
1- www.insightonindia.com
2- www.shareyouressay.com
3- www.yourarticlelibrary.com
4- www.shodhganga.inflibnet.ac.in
5- https://www.sociologygroup.com/religious-minorities-problems