IS CYBERSPACE REALLY WITHOUT BOUNDARIES?

SYNOPSIS WORK

OF

HUMAN RIGHT LAW AND ITS PRACTICE

ON

TOPIC: Evolution of Minority Rights under UDHR & Indian Constitution

SUBMITTED BY:

SAIBY KHAN

REG. No: GU15R0073

SEMESTER-X

SUBMITTED TO:

PROF.ALQAMA

GLOCAL LAW SCHOOL

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CONTENTS OF SYNOPSIS :-

1. INTRODUCTION
2. OBJECTIVE OF ASSIGNMENT
3. METHODOLOGY OF RESEARCH
4. ANALYSIS OF CASES
5. CONCLUSION
6. REFERENCES

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 1. INTRODUCTION:-

Throughout the history of the modem nation-state, governments have had a tendency to
view minorities, especially politically self-conscious minorities, as a potential threat to
the political unity or territorial integrity of the states in which they reside. When
governing elites perceive such a threat, they tend to react in one of two ways. One
response is to try to contain the perceived threat by eliminating or lessening the
differences between majorities and minorities. This approach may entail policies of
assimilation, coercive or induced, or more drastic measures, such as population
exchanges, ethnic cleansing, and even genocide. A second response also seeks to contain
the perceived threat posed by minority groups, but attempts to do so by protecting and
promoting the rights of minorities. The theory is that if this is done, it may be possible to
eliminate, or at least lessen, the incentives minorities might have to mobilize politically in
ways that endanger the unity of the state.

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 2 OBJECTIVE OF THE ASSIGNMENT:
The protection of minority rights is an exercise of tolerance and intercultural dialogue.
By encouraging mutual respect and understanding, the different groups that comprise a
society should be able to engage and cooperate with one another, while preserving their
own identity.

3 METHODOLOGY OF RESEARCH :

Article 14: Equality before law- The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India. The concept of equality, guaranteed
in Article 14, as enshrined has made every one equal before the law. The fundamental rights are
guaranteed to minority and majority as well. According to Article 14 of the Constitution, all
persons shall be equally subjected to the law and that among equals; law shall be equal and shall
be equally administered. Thus minorities cannot be put to any legal disability vis-a-vis the
majority. Articles 15 and 16 prohibit discrimination only on certain grounds. Both these Articles
are guarantee against discrimination of any kind and it can be asserted that no member of a
minority community will be handicapped simply because he belongs to any particular minority
group.4 Thus, other things being equal, minorities have every right in India to be appointed to
any public office, however high; they have a common citizenship and these rights along with
their cultural and educational rights will go long way in safeguarding the interests of minorities.

Ambit of Article 29(2) The scope of Article 29(2) was explained by the Supreme Court, in State
of Madras v. Champakam Dorairajan Case,14 where for the first time the question of application
of Article 29(2) was challenged. The communal Government Order of the State of Madras
allotted seats in medical and engineering colleges in the State proportionately to the several
communities, viz, non-Brahmin Hindus, Backward Hindus, Brahmins, Harijans, Anglo Indians,
Christians, and Muslims. A Brahmin candidate who could not be admitted to an engineering
college challenged the Government Order as being inconsistent to Article 29(2).

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Analysis of the following cases:

 Rt. Rev Mark Netto v State of Kerala

 D. A. V. College Jullunder v State of Punjab

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 4. CONCLUSION:-
While the approach outlined here may not seem very satisfactory, it is responsive to the
dilemma at the heart of efforts to produce an adequate international legal response to
minority-majority tensions. Conventional individual rights, although they can be made
universally applicable, will not satisfy minorities intent on preserving their identities and
avoiding assimilation. But positive minority rights, of the sort contained in recent
minority rights instruments, cannot practically be made universally, or even generally,
applicable, except at the level of general principles subject to interpretation (and
manipulation) by all the actors involved.

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 REFERENCES:
 https://shodhganga.inflibnet.ac.in/bitstream/10603/195026/4/13_chapter4.pdf
 http://www.legalserviceindia.com/article/l170-Rights-Of-Senior-Citizen.html
 https://indiankanoon.org/doc/17630/