Rights of Minority

1. “Rights of Minorities : Vulnerabilities
of Caste, Religion, Tribe, Adivasi and
Sexual Minority”

2. MINORITY
 The word minority has not been Defined in constitution of
India,But some of the following article give refer to the
Minority
 Article 29(Protection of interest of minority)
 Article 30 (Right to establish and administrate educational
institutions)
 Article 350A(Education in mother tongue in the case of
linguistic minority)
 Article 350 B(Special officer for Linguistic minority)

3. Who are minorities under the
constitution of India
 The following five groups as minorities under section 2 (c ), namely:
 Muslims
 Christians
 Sikhs
 Buddhists and Parsis,Jains
 Women, Scheduled Castes (SC), Scheduled Tribes (ST), Children, Aged, Disabled, Poor
migrants, People living with HIV/AIDS and Sexual Minorities.

4. Grounds Of Consideration
 Such group of people living in the area of state
 Which is smaller in than the rest of the population of state.
 Such group generally shares a common sense of identity
and common characteristics such as language, religion,
tribe, custom, nationality, race or a combination there of

5. Problems faced by Minority
community
 Problem of being deprived( Politics, Social facilitation,
Employment)
 Problem relating to equity( Opportunity, Identity)
 Problem of security(Life and Asset)
 Problem of identity(Socio-cultural practices, history and
backgrounds
 Problem of Psychological insecurity(Motivation, aspiration
and achievement)

6. Rights of minority
 Article 1
 ‘Any legal right must be exercised without discrimination based on sex, race, colour, language,
religion, political or other ideology, national or social origin, membership in a national minority,
property, birth, or another status.
 Under Article 2(1) of the concerned declaration, minorities have been provided with a full-fledged
right to practice their culture, religion, and language in any public or private place without being a
victim of prejudice.
 Article 3 of the United Nations declaration on the rights of minorities ensures the minority groups
that they are free to exercise their individual and community rights without any discrimination.

7.  Article 14
 ‘The enjoyment of the rights and freedoms guaranteed by this Convention must be
safeguarded without discrimination based on sex, race, colour, language, religion,
political or other opinions, national or social origin, membership in a national
minority, property, birth, or another status.’
 The definition of ‘minority’ has not been provided under the Indian Constitution. The
Indian Constitution includes Article 292 to Article 301 in Part XIV which states ‘ Special
Provisions relating to Minorities’. .
 Article 29 and 30
 Articles 29 and 30 are enshrined under the Indian Constitution as cultural and
educational rights. The interests of minority groups are protected under Article 29 of
the Indian Constitution. Article 29(1) stipulates that any community living under
India’s jurisdiction has the right to protect and propagate their language, literature,
and tradition. Article 29 (2) bans refusal of admission to state-aided academic
institutions based on race, caste, religion, or language.
 Article 46
 Article 46 of the Constitution states that the government has the authority to take the
necessary steps that are essential to promote the economic and educational progress
of the weaker parts of the population, as well as to safeguard them from social
inequality and oppression.

8. Important case laws
S.P. Mittal v Union of India: In this case, the
validity of Auroville Act, 1980 was challenged.
The court held that the benefit of Article 30(1)
can be claimed by the community only on
providing that it’s a religious or linguistic
minority and that the institution was established
by it. Since Auroville is not a religious
denomination, but only reflects upon the
teaching of Aurobindo, it does not constitute a
separate religion by itself but only a philosophy.

9. State of Madras v Champakam Dorairajan:
In this case, an order by the Madras government fixing the proportion of
each students that could be admitted into state medical and engineering
colleges was challenged as it denied admission solely on the basis of
religion or caste. It was held to be invalid violating Article 29(2) of the
Indian Constitution. Subsequently, article 15(4) was amended by the 1st
constitutional amendment empowering the state to make special
provisions for the advancement of any socially and educationally
backward classes of citizens or the Scheduled Castes and Scheduled
Tribes.

10. Solutions by government with schemes
 NGOs Schemes-
Scheme of Grant in Aid to Voluntary Organizations working for Scheduled Castes
 Ministry’s Schemes-
 Central Sector Scheme of 'Rajiv Gandhi National Fellowship' for Providing Scholarships to
Scheduled Caste Students to pursue Programmes in Higher Education such as M.Phil and PhD
(Effective from 01-04-2010)
 Interviews for final Selection of awardees under the Scheme of National Overseas Scholarship
for SC etc. Candidates for the Selection Year 2009-10.
Centrally-sponsored Pilot Scheme of PRADHAN MANTRI ADARSH GRAM YOJANA
(PMAGY)
 State, District and Block wise abstract of villages selected under PMAGY
 Babu Jagjivan Ram Chatrawas Yojana (Letter, Annexure, and National Allocation for 2009-10)
 Post-Matric Scholarship for SC Students
 Pre-Matric Scholarships for the Children of those Engaged in Unclean Occupations.

11.  Central Sector Scholarship Scheme of Top Class Education for SC Students (Effective from
June 2007)
Self Employment Scheme for Rehabilitation of Manual Scavengers
National Overseas Scholarships for Scheduled Castes (SC) etc. Candidates for Selection Year
2010-2011
Form for the Scheme of National Overseas Scholarship for SC etc. Candidates for the
Selection Year 2010-11.
Special Educational Development Programme for Scheduled Castes Girls belonging to low
Literacy Levels
Up gradation of Merit of SC Students
Scheme of free Coaching for SC and OBC Students
National Scheduled Castes Finance & Development Corporation (NSFDC)
National Safaikaramcharis Finance & Development Corporation (NSKFDC)
Assistance to Scheduled Castes Development Corporations (SCDCs)
Supporting Project of All India Nature of SCs·
National Comission for Safai Karamcharis

12.  The major schemes/programme of the Ministry of Tribal Affairs are-
Special Central Assistance & Grants Under Article 275(1) Of The Constitution
Scheme Of Development of Primitive Tribal Groups(Ptgs)
Tribal Research Institutes
Girls / Boys Hostels for STs
Ashram Schools In Tribal Sub-Plan Areas
Vocational Trainig Centres in Tribal Areas
Grants-in-aid to State Tribal Development Cooperative Corporations and others
Village Grain Bank Scheme

13. Major schemes for Women-
Indira Gandhi Matritva Sahyog Yojana (IGMSY)
Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (RGSEAG)
Swadhar Yojna
STEP (Support to Training and Employment Programme for Women) (20th
October 2005)
Stree Shakti Puraskaar Yojna
Short Stay Home For Women and Girls (SSH)
UJJAWALA : A Comprehensive Scheme for Prevention of trafficking and
Rescue, Rehabilitation and Re-integration of Victims of Trafficking and
Commercial Sexual Exploitation
General Grant-in-Aid Scheme in the field of Women and Child Development

14. Constitutional Provisions for sexual minorities
Art. 15(1): The State shall not discriminate against any
citizen on grounds only of religion, race, caste, sex, and
place of birth or any of them.
Other-
National AIDS Prevention and Control Policy

15. Conclusion:
Under the constitutionalism we have seen in the preceding discussion that the vulnerable groups,
particularly the girl child, women's, sexual minorities, and the child laborer, suffer most. The
path realizing human rights is not easy. But a beginning will have to be made. We have! also
learned about the international and national institutions which are working towards the
protection of human rights of the vulnerable groups. This knowledge helps us in day-to-day
interaction with the vulnerable , women, minorities, and sexual minorities. Over the past years,
the government has effectively worked to protect, promote and uplift the weaker sections of the
society and measures have been taken to fill the gap between the weaker populations and the
remaining population. The empowerment of weaker sections of society has become an important
point of discussion for politicians, policymakers, socialists, etc. Strengthening of the weaker
sections involves social, educational, economic, and political strengthening. The state must be
exceptionally careful while implementing the provisions related to instructive and monetary
upliftment of the weaker population.

16. Bibliography
 1.The book of” Reservation Quotas and Minority Rights In India “of ‘Rudolf C
Heredia’ Page Number 112, Year of Publishing ;2012
 2. The book of” Minority Rights and Feminism and International law “of ‘Sivia
Gaglianli’Page Number 97, Publisher: Hardback; Year of Publishing 2020
 3. Legal Service India https://www.legalserviceindia.com/legal/article-9539-
human-rights-of-minorities-in-india.html (last visited Sep. 13,)
(2008)

17. THANK YOU