AUTHOR : DEVADHARSHINI.

S
MOBILE NO : 9965509000
EMAILID :devadharshiniselvaraj28@gmail.com
YEAR & DEPARTMENT: 5th year BCOM.LLB(HONS)
INSTITUTION : School of Excellence in Law,
Tamil Nadu DR. Ambedkar Law University
CO-AUTHOR : HARESHUKESHA. S
MOBILE NO : 7358676722
EMAIL ID : hareshukusha.hb19041@gmail.com
YEAR & DEPARTMENT: 5th year BCOM.LLB(HONS)
INSTITUTION : School of Excellence in Law,
Tamil Nadu DR. Ambedkar Law University
 MINORITY RIGHTS IN INDIA

Abstract

The Universal Declaration of Human Rights was adopted by The United Nations
General Assembly. It was a breakthrough in the field of human rights, as it sets out
fundamental rights and freedoms that are immanent to all individuals, regardless of their
nationality, race, gender, religion, or any other status. The Universal Declaration of Human
Rights consists of a preamble and 30 articles that outline various civil, political, economic,
social, and cultural rights. Some of the rights enshrined in the Universal Declaration of
Human Rights include the right to life, liberty, and security of person, the right to equality
before the law, the right to freedom of thought, conscience, religion, and expression, the right
to education, work, and an appropriate living standard and the right to participate in the
cultural and political life of the community. Therefore, it continues to be a vital reference
point for advocating for human rights, challenging human rights abuses, and working towards
a balanced world.
The enhancing protection of minority rights within the framework of human rights is
pivotal for creating inclusive and unbiased societies. Minority issues encircle a range of
concerns, including non-discrimination, cultural identity, political participation, security,
economic and social rights, primitive rights. Upholding the principles of equality, non-
discrimination, and respect for diversity, international human rights standards provide the
foundation for addressing minority issues. By recognizing and safeguarding the rights of
individuals and groups in minority or marginalized positions, societies can strive towards
creating a world where all individuals can fully enjoy their human rights, regardless of their
minority status. Efforts to address minority issues require extensive approaches that
encompass legal frameworks, public policies guided by the principles of human rights. By
prioritizing minority rights, societies can foster social cohesion, promote justice, and build
inclusive communities that value and celebrate diversity.

Keywords: Protection of Minority Rights, Fundamental Rights, obstacles faced by

minorities in India, remedies available for minorities.
Introduction:

Minorities are individuals with diverse races, cultures, languages, religions, and
traditions. They are respected for their uniqueness and enjoy minority rights within their
communities. These rights protect them from discrimination based on their ethnic, cultural, or
religious identity. Minority rights ensure equality, protection of basic freedoms, non-
discrimination, and protection against violence. The concept of "all human rights for all" and
"the world is one family" emphasize the importance of fundamental human rights, which
encompass basic human needs such as food, air, shelter, clothing, and a decent environment.
India, a diverse nation with 1.3 billion people, has a rich cultural heritage and diverse ethnic,
religious, and linguistic communities. Recognizing inclusivity and equal opportunities, India
has taken significant steps to protect minority rights. India's Constitution guarantees
fundamental rights to all citizens, including freedom of speech, expression, religion, equality,
and discrimination, promoting democracy, secularism, and equality. India recognizes six
religious communities as national minorities, namely, Muslims, Christians, Sikhs, Buddhists,
Jains, and Zoroastrians. These communities enjoy certain privileges and protections, such as
the right to establish and administer their educational institutions and the freedom to preserve
their distinct culture and heritage. India has legislation to combat discrimination and violence
against minorities, including the Protection of Civil Rights Act and Scheduled Castes and
Tribes Act, addressing communal tensions and maintaining social harmony. Civil society,
human rights activists, and the judiciary are crucial in upholding minority rights in India,
advocating for protection, monitoring discrimination, and interpreting constitutional
provisions. India's progress in minority rights promotion faces challenges like religious
tensions, social inequalities, and access to quality education and healthcare.

Meaning Of Minority Groups:

Minorities generally refer to groups within a population that are smaller in number or
have less power or social influence compared to the dominant or majority group. The specific
definition of minorities can vary depending on the context, country, or region being referred
to. In terms of ethnic or racial minorities, they can include groups such as African Americans,
Hispanic/Latinx, Asian Americans, Indigenous peoples, and other marginalized racial or
ethnic groups. These groups may face social, economic, or political disadvantages due to
historical, cultural, or systemic factors. Minorities can also include other groups based on
various characteristics, such as religious minorities, sexual orientation minorities, gender
minorities or individuals with disabilities.

Some Of the Minority Groups in India:

Kuki Tribe:
The Kuki tribe is renowned for its vivid festivals, rich cultural legacy, traditional dances, and
oral literature. Native to northeastern India, Myanmar, and Bangladesh, they were important
to the history of the area, especially throughout the colonial eras, and have made
contributions in many other sectors. The term "Kuki" refers to a number of tribes and sub-
tribes, each of which has its own distinctive customs, traditions, and languages, adding to the
Kuki tribe's total diversity.
Naga Tribe:
Inhabitants of the Naga Hills in India have a unique culture, history, and social structure.
They have a long history of resistance against colonial power and battled against British rule,
each with their unique customs, languages, and ancient practises. Nagas sought self-
determination after India attained independence in 1947, agreed to peace treaties, and in 1963
they were given statehood. Nagas still practises and celebrate their traditional customs,
festivals, and folk arts today, and they also produce art forms like music and crafts.
The Hindu Meitei:
Manipur's Meitei ethnic community, which is predominately Hindu, has a long history and
rich culture. Their language is Meiteilon, and they follow an unusual mix of Hindu
ceremonies and native beliefs. Historically, they practised Sanamahism, their own indigenous
religion, but after being influenced by Hinduism, especially Vaishnavism, they began to
adopt Hindu customs. Most Meiteis today identify as Hindus and practise Hindu rites that
incorporate aspects of their native traditions.

Concept Of Minority Rights:

Minority rights and human rights are two interconnected concepts that are
fundamental to the principles of equality, freedom, and dignity for all individuals, regardless
of their background or characteristics. While human rights encompass a broad range of rights
and freedoms inherent to all human beings, minority rights specifically focus on the rights of
individuals who belong to minority groups within a particular society. Here's a brief overview
of each concept:
 a) Human rights are universal, inalienable, and indivisible rights that apply to everyone
and are interconnected. They are categorized into civil, political, economic, social,
and cultural rights, protected by international legal frameworks like the Universal
Declaration of Human Rights.
b) Minority rights refer to the specific rights and protections afforded to individuals who
belong to minority groups within a given society. A minority group is typically
defined by certain characteristics such as ethnicity, religion, language, culture, or
other distinct attributes. Minority rights aim to ensure that individuals from minority
communities are able to fully enjoy their human rights without discrimination or
marginalization. These rights include the right to equality, non-discrimination,
cultural preservation, participation in public life, and protection against hate speech
and violence. Minority rights are essential for social cohesion, diversity, and
inclusivity, preventing discrimination and promoting a just society. Governments,
international organizations, and civil society safeguard these rights through
legislation, policies, awareness campaigns, and legal mechanisms.

Historical Evolution on Minority Rights:

India initially had a predominantly Hindu population, but due to invasions and wars,
several minority communities were created, including Anglo-Indians, Sikhs, Muslims, Parsis,
and Christians. This led to social exclusion, inadequate representation, discrimination, social
taboos, intercommunal conflicts, and hate crimes. Minority groups in India are protected by
law from being treated unfairly based on their ethnicity, religion, ideology, or language.
Since 1990, international organizations have emphasized minority rights as a global concern,
leading to the creation of numerous procedures, laws, and regulations. Xenophobic prejudice
has increased, particularly towards Muslims and Jews. The issue of minority rights was
primarily a matter of disputed tribes and ethnic groups during the first half of the 20th
century. Foreign treaties were developed to ensure mutual safeguarding of citizens in
neighbouring nations, ensuring fundamental rights are guaranteed to all people regardless of
their sense of belonging.

Protection Of Interests of Minorities:

Minority rights are crucial for a just and inclusive society, ensuring fair treatment and
equal access to rights, opportunities, and resources. These rights are based on non-
discrimination and should include equal access to education, employment, healthcare,
housing, and public life. Cultural rights must be protected, recognizing and respecting
languages, traditions, practices, and heritage. Minorities should have representation in
decision-making bodies through fair electoral systems, proportional representation, and an
inclusive political environment. Autonomy or self-governance mechanisms can empower
minority communities. Strong legal frameworks should protect minorities from
discrimination, hate speech, and hate crimes, holding perpetrators accountable and providing
justice and remedies. Promoting education and awareness about minority rights and diversity
can foster understanding, tolerance, and respect among different communities.

Laws Governing and Protecting the Well-Being of Minorities and Their Rights:
Laws play a crucial role in protecting the well-being and rights of minorities. Here are
some key laws that govern and safeguard minority rights:
I. Anti-Discrimination Laws:
These laws prohibit discrimination based on race, ethnicity, religion, gender, sexual
orientation, disability, or other protected characteristics. They ensure equal treatment in areas
such as employment, housing, education, public accommodations, and access to services.
Few examples for anti-discrimination laws are Article 14 and 15 of Indian Constitutional
Law, Schedule Caste and Schedule Tribe Act 1989, Equal Remuneration Act 1976
II. Hate Crime Legislation:
Hate crime laws define and punish crimes committed with a bias or prejudice against
a particular group. They enhance penalties for crimes motivated by hatred, bias, or
discrimination, providing additional protection to minority communities. Example for Hate
Crime Legislation are Section 153A, 153B, 295A, 298, 505(1) and 505(2) of Indian Penal
Code.
III. Affirmative Action Laws:
Affirmative action laws promote equal opportunities for underrepresented groups in
areas such as employment, education, and government contracts. They aim to address
historical disadvantages and promote diversity.
IV. Language Rights Laws:
These laws protect the rights of individuals to use their native language in public life,
including education, legal proceedings, government services, and public information. They
ensure access to services and participation for linguistic minorities.
V. Religious Freedom Laws:
 Laws protecting religious freedom ensure that individuals and communities have the
right to practice their religion freely, without discrimination or persecution. They safeguard
the right to worship, express beliefs, and manifest religious practices.
VI. LGBTQ+ Rights Laws:
These laws protect the rights of lesbian, gay, bisexual, transgender, and queer
individuals. They may include anti-discrimination laws, recognition of same-sex
relationships, and measures to address violence and harassment based on sexual orientation
or gender identity.

National Commission for Minorities:

The National Commission For Minorities is legally recognised by the department of
Indian government. On august 11, 1993 it was established under the national commission for
minorities act of 1992. The commission is in charge of defending minority rights in India. It
provides advice to the government on problems and issues faced by minority communities
and suggests policies for their welfare and advancement to look into their complaints. A
collection of people who are members of an Indian minority community make up the national
commission for minorities. To safeguard these community rights and provide guidance for
the potential welfare or development initiatives, the Indian government established the
national commission for communities. The Indian parliament approved the national
commission for minority act, 1992, creating the national commission for minorities. This law
calls for the creation of a national commission for minorities, which will investigate
complaints from minorities and consider issues pertaining to their position in India.
According to The National Commission for Minority Act of 1992, a "minority" is one that:
(a) any community that the central government has designated as a minority;
(b) any linguistic minority with its own language and script in any state or union territory;
and
(c) any group that is a member of a religious minority, including Zoroastrians, Christians,
Muslims, Sikhs, Buddhists.
the national commission for minorities act of 1992 mandates a chairperson, two
members, and a member-secretary. It investigates atrocities against minorities and expands its
jurisdiction to Jammu & Kashmir. The commission defends minority communities' rights,
provides guidance to the Indian government, investigates rights violations, and pushes
policies for research. It serves as a watchdog to ensure minority rights are upheld and the
Indian government treats them fairly. The commission has five members from different
minority communities.

A variety of important powers are available to the national commission for minorities to
defend minority rights.
i)The capacity to evaluate how institutions that are in charge of minorities welfare are
operating.
ii) The capacity to offer recommendations on measures and initiatives aimed at assisting
minorities.
iii) The capacity to investigate complaints made by members of communities.
iv) The capacity to provide recommendations for protecting minority rights.
v) The capacity to foster harmony among many communities.
With the help of its authority, the national commission for minorities has successfully
defended the rights of minorities in India. By guaranteeing it they receive fair treatment and
equal opportunity and it has helped to improve the position of minority communities

VISHAKA AND OTHERS v. STATE OF RAJASTHAN:1

In this case, the Supreme Court laid down guidelines to address sexual harassment in the
workplace. The judgment emphasized the need to protect the rights and dignity of women,
including minority women, at the workplace

Obstacles Faced by Minorities in India:

1. Problem Of Identity:
Identity for minorities is a complex issue involving the experiences and challenges faced
by marginalized groups in society. The main challenge is the struggle for recognition and
acceptance within the dominant culture, which can result in discrimination, prejudice, and
exclusion. Minorities may feel pressured to conform to the norms and values of the
majority culture, leading to loss of cultural heritage, erasure of history, and
marginalization. Another aspect of identity for minorities is the internal struggle for self-
identification and belonging. They may face conflicts between their cultural heritage and
the values and expectations of the majority culture, leading to confusion, ambivalence,
and a search for self-acceptance. Intersectionality, where multiple aspects of their identity
intersect, can further complicate the issue of identity for minorities. To address this
1
Vishaka And Others V. State of Rajasthan, AIR 1997 SC 3011
problem, a comprehensive and inclusive approach is needed. This involves creating a
society that values diversity, promotes inclusivity, and recognizes the rights and
experiences of all individuals, regardless of their minority status. This can be achieved
through education, awareness campaigns, policy changes, cultural exchange, and
dialogue. Support networks, counseling services, and safe spaces can help individuals
navigate their identity journey and build a positive sense of self.

2. Problem Of Security:
Security for minorities is a complex issue involving discrimination, inequality, and
threats. These groups face heightened risks of physical harm, violence, and targeted
attacks based on their ethnicity, religion, or race. Systematic discrimination and
marginalization contribute to feelings of insecurity, resulting in unequal access to
opportunities, limited political representation, and disparities in law enforcement
practices. Security institutions may exhibit bias against minority groups, eroding their
trust in authorities. Minority communities are also vulnerable to cyber threats and
harassment, affecting their security and well-being. Refugee groups may face persecution
or conflict, exposing them to additional security risks. To address security concerns, laws
must be implemented, training programs for law enforcement and security personnel,
dialogue and collaboration between communities, local authorities, and civil society
organizations, and policies and initiatives to combat online harassment, hate speech, and
cyber threats. A holistic and context-sensitive approach is necessary to effectively address
the security concerns of minorities and promote a more inclusive and secure society for
all.

3. Problem Of Relating to Equity:

Equity for minorities is a complex issue rooted in systemic inequalities and
discrimination. These disparities include social, economic, and political disparities based
on factors like race, ethnicity, gender, sexual orientation, religion, or disability.
Discriminatory practices and policies, such as racial segregation, immigration policies,
redlining, and unequal access to education, housing, employment, and healthcare, hinder
progress and equitable treatment. Minority groups often face underrepresentation in
power positions, decision-making bodies, and leadership roles, limiting their ability to
influence policies and address systemic biases. Addressing these issues requires a multi-
faceted approach that includes policy changes, educational initiatives, community
 engagement, and dismantling systemic barriers. Fostering diversity, inclusion, and equal
representation, as well as promoting anti-discrimination laws and policies, are essential
for achieving equity for minorities.

4. Problem Of Being Deprived:

Deprivation among minorities is a complex issue involving social, economic, and
political inequality. Disparities in education, employment, housing, healthcare, and
criminal justice contribute to long-term disadvantages in employment prospects and
socioeconomic mobility. Discrimination in hiring practices, glass ceilings, occupational
segregation, and limited access to capital, financial services, and entrepreneurship
opportunities further exacerbate the problem. Housing discrimination, residential
segregation, and healthcare access also contribute to disparities. The criminal justice
system disproportionately represents minority groups, leading to increased incarceration
and long-term social and economic disadvantages. Addressing deprivation requires a
comprehensive approach that tackles systemic discrimination, promotes inclusivity, and
ensures equal access to opportunities and resources. This includes implementing policies
and initiatives that promote diversity, equity, and inclusion in education, employment,
housing, healthcare, and the criminal justice system, dismantling structural barriers,
raising awareness about unconscious bias, and empowering minority communities to
participate actively in decision-making processes.

5. Problem Of Psychological Insecurity:

Psychological insecurity among minorities is a significant issue arising from
social, cultural, and historical factors. It refers to the vulnerability, self-doubt, and fear
experienced by individuals from minority groups due to their marginalized status in
society. Minority individuals often face discrimination, prejudice, and stereotyping
based on their race, ethnicity, religion, gender, or sexual orientation, which can erode
their sense of self-worth and contribute to psychological distress. Minority groups
may be excluded from mainstream institutions, opportunities, and resources, leading
to feelings of undervaluation, invisibleness, and lack of opportunities for personal and
professional growth.

Historical events like colonization, slavery, and genocide can have a lasting impact on
minority communities, resulting in intergenerational trauma. Limited representation of
minorities in media, politics, and influential spaces can reinforce feelings of marginalization
and reduce the sense of belonging and security. Promoting education and awareness about
diversity, inclusion, and the harmful effects of discrimination can help challenge biases and
stereotypes. Creating inclusive spaces, providing equal opportunities, and providing
accessible mental health services can help alleviate psychological insecurity. Implementing
anti-discrimination laws, policies, and measures can create a more equitable society and
reduce psychological insecurity.

Remedies:
Remedies for protecting and promoting minority rights vary depending on the
specific context and the nature of the challenges faced by minorities. It is important to note
that these remedies should be implemented in a comprehensive and context-specific manner,
taking into account the unique challenges faced by different minority groups and the specific
socio-political context of each country or region. However, here are some general remedies
that can contribute to the protection and advancement of minority rights:

a) Legal Framework: Establishing a comprehensive legal framework that explicitly

recognizes and protects the rights of minorities is essential. This includes enacting
anti-discrimination laws, constitutional guarantees, and legislation addressing
specific minority concerns.
b) Equal Representation: Promoting the inclusion and participation of minorities in
decision-making processes and public institutions. This can be achieved through
affirmative action policies, reserved seats in legislatures, and ensuring proportional
representation in public administration and civil services.
c) Education and Awareness: Implementing educational programs that promote
tolerance, diversity, and respect for minority cultures. This can help reduce
stereotypes, prejudices, and discrimination, fostering a more inclusive society.
Awareness programs like seminars, camps, etc should be conducted to educated
about their Rights and Remedies.
d) Cultural Preservation: Supporting and protecting minority languages, traditions, and
cultural practices. This can include measures such as bilingual education, cultural
heritage preservation, and funding for minority cultural events.
e) Economic Opportunities: Ensuring equal access to economic opportunities, including
employment, business ownership, and access to financial resources. This can be
 achieved through measures like affirmative action in employment, preferential
procurement policies, and targeted economic development programs.
f) Access to Justice: Ensuring that minorities have access to a fair and impartial justice
system. This includes providing legal aid services, promoting diversity within the
judiciary, and addressing systemic barriers to justice that disproportionately affect
minorities.
g) Combating Hate Speech and Violence: Implementing measures to prevent and
combat hate speech, hate crimes, and discrimination against minorities. This can
involve strict enforcement of laws against hate crimes, public awareness campaigns,
and fostering dialogue between communities.
h) International Support and Monitoring: Engaging with international human rights
organizations and mechanisms to seek support and monitoring for the protection of
minority rights. This can include working with international bodies like the United
Nations and regional organizations to hold governments accountable for their
obligations.

Reservation For the Protection of Minorities:

Reservation for the protection of minorities in education is a policy aimed at ensuring
equitable access and opportunities for minority groups in education. It addresses historical
disadvantages and discrimination, promoting inclusion and representation. In some countries,
such as India, reservation policies provide quotas or reserved seats for minority groups at
various levels of education. These policies aim to increase representation and participation,
enabling minority students to have equal opportunities for personal and professional growth.
However, debates exist about their effectiveness, potential drawbacks, and the need to
balance equitable representation with merit-based admissions. Other measures, such as
scholarships, financial aid, targeted support programs, and inclusive curriculum reforms, also
contribute to promoting equity and inclusivity in education.

Comparative Study Between India and China:

Basis China India

a) Minority China has several recognized India is a diverse country with

Composition minority groups, including numerous minority communities.
Tibetans, Uighurs, Kazakhs, The major minority groups include
 Mongols, Zhuang, and many more. Muslims,
These groups collectively Buddhists, Jains, Parsis, and
constitute a significant portion of various tribal groups.
China's population.
b) Minority Minority rights in China have been
Rights and a subject of international concern.
Protections Some minority groups, particularly
Tibetans and Uighurs, have faced
restrictions on religious and
cultural practices, political dissent,
and have been subject to
surveillance and human rights
abuses according to various
reports.
c)Cultural and The Chinese government has
Linguistic implemented assimilationist
Preservation policies aimed at promoting
Mandarin Chinese as the primary
language and discouraging the use
of regional languages among
minorities. This has raised
concerns about the preservation of
linguistic diversity and cultural
heritage.
d)Composition China has a multi-ethnic society
of Minorities with a significant number of
recognized minority groups,
including Uighurs, Tibetans,
Mongols, Kazakhs, and many
others
Christians, Sikhs,
India, as a democratic country, has
a constitutional framework that
guarantees certain rights and
protections for its minorities. These
include religious freedom, cultural
rights, and affirmative action
policies, such as reservations in
educational institutions and
government jobs for historically
marginalized groups.
India has a more decentralized
approach to language policy,
recognizing multiple official
languages at the national and state
levels. Regional languages and
cultural practices are generally
protected, and efforts are made to
preserve and promote linguistic
and cultural diversity.
India is also known for its diverse
population, with various ethnic,
religious, and linguistic minorities.
Some prominent minority groups
in India include Muslims,
Christians, Sikhs, Buddhists, Jains,
and others
 e) Minority China officially recognizes five India is a secular country that
Rights and religions: Buddhism, Taoism, grants religious freedom to its
Representation Islam, Protestantism, and citizens. It is home to various
Catholicism. However, there are religious communities, and people
reports of religious restrictions and can freely practice their religion.
persecution, particularly against However, there have been
minority religious groups and occasional incidents of religious
unregistered religious tensions and communal violence in
organizations some parts of the country

Constitutional Rights of Minorities:

Article 14
Equality before the law and equal protection under the law are rights of individuals.

KESAVANANDA BHARATI v. STATE OF KERALA2

In this case, the Universal Declaration of Human Rights may not be a binding legal
document, but the Supreme Court noted that it demonstrates India's understanding of the
nature of human rights at the time the Constitution was established.
Article 15(1) & (2)
Discrimination against citizens on the basis of their birthplace, ethnicity, caste, religion, or
gender is forbidden.
Article 29
It states that any group of Indian citizens living anywhere in the country who speak a
different language, use a different writing system, or have a different culture are granted the
same rights as minorities in India to preserve those traits. Both the majority and the minorities
are subject to Article 29. It also covers the minorities' rights in India to campaign for
language protection. as a result, political speech.

S.P. MITTAL v. UNION OF INDIA3

In this case, the Auroville Act, 1980's legality was contested in this lawsuit. According to the
court, a community can only profit from Article 30(1) if the institution was created by it and
2
Kesavananda Bharati V. State Of Kerala, AIR 1973 SC 1416

3
S.P. Mittal V. Union Of India, AIR 1983 SCR (1) 729
it is a member of a recognised religious or linguistic minority. Auroville is not a religious
organization and merely represents Aurobindo's teachings; as such, it is only a philosophy
and not a distinct religion in and of itself.
Article 30
The right to create and run educational institutions of one's choosing belongs to all minorities
in India. Only the minority of religions in India are recognised by Article 30. It also covers
the freedom of minorities in India to educate their kids in their native tongue.

STATE OF BOMBAY v. BOMBAY EDUCATIONAL SOCIETY4

In this case, the state government issued a directive stating that Anglo-Indian educational
institutions must continue to teach in English to Anglo-Indian students only; if they choose to
accept other Indian students, they risk losing their financial support unless they switch to
Hindi. Because the Bombay government's order prohibited non-English speakers from
enrolling in English-medium schools and held that minority educational institutions have the
right to admit students of their choosing even if they receive government funding, the
Supreme Court invalidated the order.
Article 350B
The President shall appoint the Special Officer for Linguistic Minorities.
The Special officer's responsibility is to look into all issues pertaining to the protections
offered to linguistic minorities under this Constitution and report to the President on those
issues at the intervals the President may specify. The President will then arrange for all such
reports to be presented to each House of Parliament and forwarded to the Government of the
States in question.

National Commission for Human Rights:

The National Commission for Human Rights is a government-established body
responsible for promoting and protecting human rights within a specific country. The exact
structure, functions, and powers of national human rights commissions vary from country to
country, as they are typically created in accordance with national laws and regulations. The
primary role of a national commission for human rights is to monitor and investigate human
rights violations, provide recommendations for remedial action, and raise awareness about
human rights issues. These commissions often have the authority to receive complaints,

4
State Of Bombay V. Bombay Educational Society, AIR 1954, 561
conduct investigations, and issue reports on human rights abuses. National human rights
commissions also play a crucial role in advising the government on human rights-related
matters, reviewing existing legislation and policies, and proposing necessary reforms to
ensure compliance with international human rights standards. Additionally, these
commissions may engage in educational and promotional activities to raise public awareness
about human rights, conduct research, organize workshops and seminars, and collaborate
with civil society organizations, human rights defenders, and other stakeholders to address
systemic issues and promote human rights. The specific name and structure of the national
human rights commission may vary depending on the country. For example, in India, it is
called the National Human Rights Commission, while in South Africa, it is known as the
South African Human Rights Commission.

Universal Declaration of Human Rights:

The Universal Declaration of Human Rights, established post-World War II, aims to
establish global human rights as a foundational document in modern human rights history.
The Universal Declaration of Human Rights, adopted by the United Nations General
Assembly in 1948, outlines human rights and freedoms. With 30 articles, it is a crucial
document in civil and human rights history. The International Bill of Human Rights includes
the Universal Declaration, the International Covenant on Civil and Political Rights, and the
International Covenant on Economic, Social, and Cultural Rights. Every year, on December
10, World Human Rights Day is celebrated. The concept of unalienable rights and
fundamental freedoms has been influenced by the 20th century's social and political climate.
The Holocaust brought human rights concerns to light, putting them at the forefront. The
Universal Declaration of Human Rights, a non-binding document, has significantly impacted
international human rights law and influenced treaties and conventions. The principles and
values enshrined in the UDHR guide the United Nations and other organizations in
promoting and protecting human rights worldwide.

Suggestion:

1. Adopt the international agreement to end all racial discrimination.

2. Implement the commission's advice regarding minorities who are religious and linguistic.
3. Reform the anti-conversion laws and recognize that both conversion and reconversion
including deception, coercion, or seduction are wrong.
4. Strengthen hate crime laws, ensure minority coverage, provide clear definitions, impose
penalties, and educate law enforcement
5. Protect minority voting rights by ensuring accessibility, addressing suppression, and
promoting voter education initiatives.
6. Implement police reform to combat racial profiling, excessive force, discrimination, and
promote cultural sensitivity.
7.Address intersecting discrimination among multiple minority groups by developing
policies and programs that consider unique challenges.
8.Implement comprehensive LGBTQ+ legislation, promote acceptance and inclusivity
through educational programs.

Conclusion:
The world is a tapestry of diversity, with each strand forming the fabric of global
society. Thirty years ago, the world pledged to protect the human rights of national, ethnic,
religious, and linguistic minorities in all spheres of life. However, today, there is an upsurge
in mistrust between communities, leading to tensions and polarization. The COVID-19
pandemic, climate change, environmental pollution, war conflict, and financial crisis
disproportionately affect minorities. These crises exacerbate the pressures and
marginalization of minorities, leading to social upheaval and fragmentation. To address these
issues, it is crucial to make it easier for minorities and their representatives, particularly
minority women, to participate in decision-making at all levels. Urgent action is needed to
translate international legal standards into reality, ensuring that all minority groups
worldwide are safe from discrimination and exclusion, and have a voice in decision-making.
The government should prioritize maintaining social peace for minority rights, as they suffer
greatly in democratic countries. Articles 29 and 30 of the constitution guarantee protection
from discrimination and the right to maintain cultural traditions. India acknowledges the
importance of minority rights and strives to create an inclusive society with dignity and
equality for all individuals.
Minority rights in India are crucial, with the Indian Constitution guaranteeing
fundamental rights for all citizens. Despite progress in recognizing and protecting these
rights, challenges remain, including discrimination, violence, and marginalization against
religious and ethnic minorities. The absence of comprehensive anti-discrimination legislation
at the national level further hinders the protection of these rights. Concerns about minority
rights arose due to government policies and legal developments, such as the Citizenship
Amendment Act and the National Register of Citizens. India must address these challenges
by ensuring inclusivity and equality for all citizens, promoting tolerance and respect for
diversity. Enacting comprehensive anti-discrimination legislation and addressing communal
tensions are crucial steps. While progress has been made, more work is needed to ensure
equal participation in social, economic, and political spheres.

PLAGIARISM SELF DECLARATION

Title of the Book Chapter: MINORITY RIGHTS IN INDIA

First Author: DEVADHARSHINI. S
Affiliation of the First Author: B.COM LLB (Hons)
Co-Author: S. HARESHUKESHA
Affiliation of the other Author: B.COM LLB(Hons)
Declaration: -
This manuscript submitted is not copied or plagiarized version of some other
published work and the similarity index report for the submitted manuscript is less than 15%.

Devadharshini. S
Hareshukesha. S
Date: 25/09/2023 Signature of the Author/s
 SELF-DECLARATION
We DEVADHARSHINI. S and S. HARESHUKESHA hereby declare that:
1. The manuscript titled MINORITY RIGHTS IN INDIA is the result of our own original
work and does not contain or include material taken from other copyrighted sources.
Whenever such material has been included, it has been clearly acknowledged and quotations
and paraphrases are clearly indicated.
2. The manuscript submitted has not been previously published, nor it is being sent to
elsewhere for consideration for publication.

Devadharshini. S
Hareshukesha. S
Date: 25/09/2023 Signature of Author/s