UNDERSTANDING THE MINORITIES RIGHTS INCLUDING CONSTITUTIONAL INTERPRETATION

What are Minority Rights?

Introduction

• Minority rights refer to legal and human rights afforded to individuals and groups who belong to a minority population.
• These rights aims to ensure that minority groups are protected from discrimination, treated equally and able to maintain their own culture, language and traditions.

Context

• Recognizing the importance of minority rights, the UN General Assembly adopted a declaration on the ‘Rights of Persons Belonging to National, or Ethnic, Religious and Linguistic Minorities’ on December 18, 1992.
• This date is celebrated as Minority Rights Day all over the world.

Historical Context

• The concept of minority rights traces its origins to 19^th century European constitutional frameworks:
  • Austria (1867): Art. 19 recognized ethnic minorities’ rights to preserve their languages and national identities.
  • Hungary (1868): Legislated similar protections.
  • Post-World War I Treaties: Incorporated minority protection clauses in agreements with nations like Poland and Czechoslovakia.
  • Article 27 of the Universal Declaration of Human Rights gives every individual a right to community — that is the right to enjoy their own culture and to participate in cultural forums, associations etc.

Debate in the Constituent Assembly:

1.  Pandit G.B Pant argument: Proper arrangement of rights for minorities will ensure the health, vitality and strength of India.

2.  Sardar Vallabh Bhai Patel:

• Enacted Art. 25 to 30
• Underlying Argument:
  • Individualistic universal rights are not of much use in a heterogeneous country such as India, and
  • That one needs to have discussions on the basis of multiculturalism, difference, and the rights of minorities.

Provisions in the Indian Constitution:

• Article 29: Grants all citizens the right to conserve their distinct culture, language, or script.
  • Significance: Recognizes and protects diverse cultural identities, ensuring equality and dignity.
• Article 30: Empowers religious and linguistic minorities to establish and administer educational institutions.

• Judicial Interpretation:
  • The Supreme Court views Article 30 as integral to equality and non-discrimination.
  • Recent judgments (e.g Aligarh Muslim University v/s Malay Shukla Case, 2024) uphold the minority character of institutions of national importance.
• Article 350 A: Mandates primary education in one’s mother tongue.
• Article 350 B: Provides for appointing a Special Officer for linguistic minorities.
• The Constitution also supports personal laws for various communities, exemplified by the customary laws of the Nagas.

Why Minority rights?

• Preservation of diversity.
• Individualistic rights such as under Art. 14 – 18, Art. 19 and 25 are not enough for the conservation  of language, script or culture.
• It also ensures an individual’s right to dignity.
• Individual’s right to culture holds little meaning unless the community is accorded the right to exist in a viable form.
• Bhikhu Parekh argues that it is not possible to respect someone without respecting his culture.

Who are Minorities?

• Interestingly, though the term ‘minority’ has been used in four places in the constitution no definition of the term ‘minority’ has been given.
• TM Pai foundation case (2002): Supreme Court held that minorities are to be defined at the level of the state.
• For example, Hindu’s are a religious minority in Punjab, Kashmir and North eastern state’s.

Interpretation of Art. 29:

Art. 29(1): ‘any section of the citizens residing in the territory of India or any part thereof having a distinct language script or culture of its own shall have the right to conserve the same’.

• It has two vital dimensions:

Interpretation of Art. 30:

• Art. 30: Guarantees that all religious and linguistic minorities shall have the right to establish and administer educational institutions of ‘their choice’.
• In the re Kerala Education Bill (1957), the Supreme Court said that the dominant word in Article 30 is ‘choice’ and minorities can expand their choice as much as they want. The court also said that the term ‘educational institution’ includes universities.
• Supreme Court consistently extended protection under Art. 30 to pre-constitution institutions in cases like:
  • 1.  S.K. Patro (1969),
  • 2.  St. Stephens (1992)
  • 3.  Azeez Basha (1967).
  • 4.  Aligarh Muslim Univers

Recent judgement of Supreme Court in AMU Case:

• The Majority opinion held that an institution will not lose its minority status simply because it was established by a statute.
  • The Court emphasized that the critical inquiry should focus on
    • Identifying who established the institution and
    • Who was the “brain” behind its creation.

Note: In S. Azeez Basha v/s Union of India case, Supreme Court had held that AMU was a Central University and cannot be considered a minority institution.

Landmark Cases Related to Minority Rights:

• TMA Pai Foundation vs. State of Karnataka (2002): Upheld the rights of minority institutions to admit students of their choice, subject to reasonable restrictions.
  • Clarified the extent of state regulation over minority institutions.
• St. Stephen’s College vs. University of Delhi (1992): Affirmed the right of minority institutions to maintain their character and autonomy.
  • Recognized the right of minority institutions to set their own admission criteria, including reservation policies.

Conclusion:

• India’s constitutional framework ensures a delicate balance between individual equality and group recognition.
• By safeguarding minority rights, the Constitution strengthens the nation’s democratic ethos, fostering an inclusive society that respects its rich diversity.
• However, evolving socio-political dynamics call for continued vigilance and adaptation to uphold these principles effectively.