Q) Explain the concept of minorities with reference to the Indian constitution and safeguards available for the protection of their rights? —2016,G-I
Ans:
The word Minority isnt defined anywhere in the constitution but article 30 of the constitution recognise two type of Minorities such as the Religious and Linguistic.
Safeguards available for their Protection:- Constitution of India provides certain safeguards for the protection of minorities.Those can be divided into two categories:
- Exclusive Safeguards and
- Common Safeguards.
Exclusive Safeguards:- These provisions specially mentioned to protect the minorities. Those are:
Article 29(i):- Any citizen residing in the territory of India having the distinct language, script or culture, shall have the right to conserve the same.
Article 29(ii):- Entry into educational institutions shall nt be curtailed on the basis of religion, race, caste, language or any of them.
Article 30(i):- All Minorities,Linguistic and religious, shall have the right to establish educational institutions of their choice.
Article 30(ii):- Minority managed educational institutions would be free from discrimination while receiving the aid from the state.
Article 347:- Special provisions for the language spoken by certain section of people in a state.
Article 350A:- Provisions for instructions in mother-tongue at primary stage
Article 350B:- Special officer for Linguistic Minorities
Common Safeguards:-
Article 14:- State shall promote the equality before the law and equal protection of the law.
Article 15:- State shall discriminate anyone on the basis of religion, race, caste, sex, place of birth or any of them.
Article 16:- State shall promote equal opportunities to all citizens.
Article 25:- Freedom to profess, practice and propagate any religion of one’s choice.
Article 26:- Right of any section or religious denomination to establish institutions for charitable purposes.
Article 27:- All religious institutions are free from the Income tax.
Article 28:- Freedom to religious instructions in educational institutions, substantially aided by state.
Article 38:-obligation of the State ‘to endeavour to eliminate inequalities in status, facilities and opportunities’ amongst individuals and groups of people residing in different areas or engaged in different vocations.
Article 46:- obligation of State ‘to promote with special care’ the educational and economic interests of ‘the weaker sections of the people’ (besides Scheduled Castes and Scheduled Tribes).
Article 51A:-
- Citizens’ duty to promote harmony and the spirit of common brotherhood amongst all the people of India ‘transcending religious, linguistic and regional or sectional diversities;
- Citizens’ duty to value and preserve the rich heritage of our composite culture.’
These are some of the safeguards available to Minorities residing in India. Aforesaid provisions not only provides secured living, it also provides the Social, economical and political Justice , Equality of the status and Opportunity, Fraternity assuring the dignity of Individual and Unity and Integrity of the Nation.