Jonah Patel
The Indian Constitution recognises minorities and promotes the prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. The Constitution does not define the word 'minority', but Articles 29 and 30 provide protection for religious and linguistic minorities. There are six religions in India that have been given minority status: Muslims, Christians, Sikhs, Jains, Buddhists, and Zoroastrians. These communities are entitled to certain advantages under the Constitution, such as the right to establish and administer educational institutions of their choice. The Constitution also provides for a Special Officer for Linguistic Minorities, appointed by the President of India, to investigate matters relating to the safeguards provided for linguistic minorities.
Characteristics and Values of Minorities in the Indian Constitution
| Characteristics | Values |
|---|---|
| Religious minorities | Muslims, Sikhs, Buddhists, Jains, Christians, Parsis (Zoroastrians), Hindus, Jews, Bahais |
| Linguistic minorities | Articles 29, 30, 350A, and 350B of the Indian Constitution provide protection and rights |
| Rights | Equality before the law, protection of basic freedom, non-discrimination, protection against violence on the grounds of identity, participation in political and public life, cooperation with other communities and organisations |
| Representation | Muslims are underrepresented in the Indian bureaucracy (2.5%) and Lok Sabha (5.2%) |
| Equity | The minority community may be deprived of development opportunities due to discrimination and a sense of inequity |
| Secularism | India is a secular state, but issues like conversion to Islam and Christianity have been controversial |
| Definition | The Indian Constitution does not define 'minority' |
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What You'll Learn
- Religious minorities: Muslims, Sikhs, Buddhists, Jains, Christians, and Parsis (Zoroastrians)
- Linguistic minorities: Articles 350A and 350B define them
- Rights of minorities: Equality before the law, protection of basic freedom, non-discrimination, and protection against violence
- Minority status: State-dependent according to the Supreme Court
- Minority representation: Muslims make up 5.2% of MPs in Loksabha, while Hindus make up 90.4%
Religious minorities: Muslims, Sikhs, Buddhists, Jains, Christians, and Parsis (Zoroastrians)
The Indian Constitution promotes the prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth. However, religious minorities in India often face varying forms of intersectional discrimination.
Muslims, Sikhs, Buddhists, Jains, Christians, and Parsis (Zoroastrians) are recognised as religious minority communities by the Government of India (GoI). These communities are entitled to certain special advantages under the Constitution of India, as well as other legislative and administrative measures.
Muslims make up 14.2% of India's population and are the second-largest religious group in the country. They face issues such as alienation and discrimination, which have been looked into by committees constituted by the Government of India. Muslims are not eligible for most of the caste-based reservations available to Hindus and other religious groups, which has been a controversial issue.
Sikhs, the fourth-largest religious group in India, comprise 1.7% of the population. They are most concentrated in the Northwestern state of Punjab, where they make up a majority. Sikhs are governed by Hindu personal law, along with Jains and Buddhists.
Jains, Buddhists, and Christians each make up less than 1% of India's population. Jains are primarily found in Maharashtra, while the largest numbers of Christians are in the Southern states of Kerala and Tamil Nadu. Christians have made up between 2% and 3% of India's population in every census since 1951, although there are concerns about undercounting.
Parsis, followers of Zoroastrianism, represent approximately 0.006% of India's population, with a population of around 61,000. They have a relatively high concentration in and around the city of Mumbai. Zoroastrianism has an ancient history in India and the country has the largest population of Zoroastrians in the world outside of their native Iran.
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Linguistic minorities: Articles 350A and 350B define them
The Indian Constitution promotes the prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth. However, cultural, religious, and social diversity have led to varying forms of intersectional discrimination against minority communities. The Minority status of religious and linguistic communities is "state-dependent".
Articles 350A and 350B of the Indian Constitution define Linguistic Minorities. Article 350A states that it shall be the endeavour of every State and local authority to provide adequate facilities for instruction in the mother tongue at the primary stage of education for children belonging to linguistic minority groups. This was introduced in 1955, after the report of the State Reorganization Commission. Article 350A casts a duty on the State to provide adequate facilities for instruction in the mother tongue for children of linguistic minorities.
The 7th Constitutional (Amendment) Act 1956 inserted Article 350B, which provides for a Special Officer for Linguistic Minorities appointed by the President of India. The Special Officer is responsible for investigating all matters relating to the safeguards provided for linguistic minorities under the Constitution.
The Supreme Court has indicated that linguistic minorities have the right to administer and run their own educational institutions under Articles 29 and 30 of the Constitution. This right is upheld by Article 30, which allows religious and linguistic minorities to establish and administer educational institutions of their choice.
Despite the clear provisions for linguistic minorities in the Indian Constitution, there have been issues regarding the representation of these communities in the government. For example, Muslims comprise only 2.5% of the Indian bureaucracy and 5.2% of MPs in the Lok Sabha, despite being one of the largest minority groups in the country.
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Rights of minorities: Equality before the law, protection of basic freedom, non-discrimination, and protection against violence
The Indian Constitution does not define the word "minority", but it does provide for the rights of minorities. In India, minority communities are those that are socially, economically, and politically non-dominant and inferior in the population. Religious minorities in India include Muslims, Sikhs, Buddhists, Jains, Christians, and Parsis (Zoroastrians).
The rights of minorities in India include equality before the law, protection of basic freedom, non-discrimination, and protection against violence. These rights are inherent to human rights and aim to promote tolerance and respect for diversity, ensuring peaceful coexistence between minorities and majorities.
Equality before the Law
Article 14 of the Indian Constitution prohibits unequal treatment and demands equal treatment under the law. Article 15(1) & (2) of the Constitution specifically prohibit discrimination against citizens on grounds of religion, race, caste, sex, or place of birth. This ensures that all citizens, regardless of their minority status, are treated equally and are entitled to the same protections and opportunities afforded by the law.
Protection of Basic Freedom
Minority rights in India guarantee the protection of basic freedoms, including the freedom to learn and use one's native language, to use one's own name, and to preserve and express one's identity. This is enshrined in Article 29 of the Constitution, which protects the interests of minority groups. Specifically, Article 29(1) states that any community living within India's jurisdiction has the right to protect and promote its language, script, literature, and culture. It also ensures that citizens cannot be denied admission to state-aided academic institutions based on race, caste, religion, or language (Article 29(2)).
Non-Discrimination
The Indian Constitution promotes the prohibition of discrimination on various grounds. Articles 29 and 30, which pertain to cultural and educational rights, protect the interests of minority groups and ensure non-discrimination. Additionally, Article 30(2) states that the state cannot discriminate against any minority-run academic institution when providing aid, regardless of faith or language.
Protection against Violence
While there is no explicit mention of protection against violence in the articles pertaining to minority rights, the overall framework of the Indian Constitution and its commitment to secular values provide an inherent safeguard against violence directed at minority communities. The Constitution's promotion of pluralism and its recognition of the rights of minorities to practice their culture and religion contribute to a foundation that seeks to prevent and address any form of violence or discrimination against minority groups.
In conclusion, the rights of minorities in India, as outlined in the Indian Constitution, encompass equality before the law, protection of basic freedoms, non-discrimination, and an inherent safeguard against violence. These rights are essential to ensuring the peaceful coexistence of diverse communities and the promotion of mutual respect and tolerance. While challenges and controversies may arise, the constitutional framework provides a solid foundation for the protection and empowerment of minority groups in India.
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Minority status: State-dependent according to the Supreme Court
The Indian Constitution promotes the prohibition of discrimination on the basis of religion, race, caste, sex, or place of birth. However, the country's cultural, religious, and social diversity has led to varying forms of intersectional discrimination against minority communities.
In 2023, the Supreme Court of India stated that the minority status of religious and linguistic communities is "state-dependent". This means that a community's minority status and the rights associated with it may vary from state to state. The Court's decision was in response to a petition arguing that followers of Judaism, Bahaism, and Hinduism are the real minorities in several states, including Ladakh, Mizoram, Lakshadweep, Kashmir, Punjab, and the North-East States. These religious communities are socially, economically, and politically non-dominant and numerically inferior in these regions.
The Supreme Court's ruling aligns with the previous judgment in the T.M.A. Pai case, which determined that linguistic and religious minorities should be identified at the state level rather than the national level. This judgment aimed to address the issue of majority and minority classes, promoting the constitutional goal of maintaining India's integrity and unity.
The Court's decision has implications for the rights of minority communities, as guaranteed by Articles 29 and 30 of the Indian Constitution. These articles provide that religious and linguistic minorities have the right to establish and administer educational institutions of their choice. However, the lack of recognition as a 'minority' at the state level can hinder the enjoyment of these rights. For example, Hindus in certain states, such as Ladakh, Mizoram, and Lakshadweep, where they are a small percentage of the population, may face challenges in establishing educational institutions due to the absence of minority status recognition.
The determination of minority status on a state-by-state basis also raises questions about the representation of minority communities in governance. Currently, religious minorities in India, including Muslims, Sikhs, Christians, Buddhists, Jains, and Parsis (Zoroastrians), are recognised and entitled to certain advantages under the Constitution. However, the lack of a clear definition of a 'minority' and the varying population distributions across states can lead to challenges in implementing government schemes and addressing the issue of underrepresentation.
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Minority representation: Muslims make up 5.2% of MPs in Loksabha, while Hindus make up 90.4%
The Indian Constitution promotes the prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth. However, the country's cultural, religious, and social diversity has led to varying forms of intersectional discrimination against minority communities.
The Indian Constitution recognises Muslims, Sikhs, Buddhists, Jains, Christians, and Parsis (Zoroastrians) as minority religious communities. These communities are entitled to certain advantages under the Constitution, as well as other legislative and administrative measures. For instance, Article 30 of the Indian Constitution upholds the right of religious and linguistic minorities to establish and administer educational institutions of their choice.
Despite comprising 14% of India's population according to the 2011 Census, Muslims have been underrepresented in the Loksabha, with their representation declining below 5% in recent years. The eighteenth Lok Sabha, formed in 2024, has the lowest share of Muslim MPs in six decades, with only 24 Muslim MPs, accounting for 4.4% of the total strength. This decline in Muslim representation has coincided with the rise of the Bharatiya Janata Party (BJP), which secured a landslide victory in the 2019 elections with its platform of Hindu nationalism.
In contrast, Hindus are significantly overrepresented in the Loksabha, constituting 90.4% of MPs, while making up just under 80% of India's population. This disparity in representation between Hindus and Muslims underscores the challenge of achieving equitable minority representation in India's political landscape.
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Frequently asked questions
The Indian Constitution recognises two types of minorities: religious and linguistic.
There are six religious minorities in India: Muslims, Christians, Sikhs, Jains, Buddhists, and Zoroastrians (Parsis).
The rights of minorities in India include equality before the law, protection of basic freedoms, non-discrimination and protection against violence on the grounds of identity, participation in political and public life, and the possibility for cooperation with other communities and organisations within states and across borders.
Minority communities in India are entitled to certain advantages, such as the right to establish and administer educational institutions of their choice, and the ability to derive benefits from the Prime Minister's 15-Point Programme.
