Minority groups and other marginalized groups

Social Problems
Minority groups and other
Marginalized Groups

Introduction
1. India is a land of myriad ethnic, religious, caste and linguistic minorities affiliated to distinct
belief system, sub-cultures and regions.
2. Despite the several efforts by the govt. to improve the condition of the minority, constitutional
guaranteed rights, different institutions and commissions established to monitor, the system has
lacked and minority faces discrimination, violence and atrocities.
3. Gujarat riot where more than 2000 Muslims were killed;Indira Gandhi assassinated led to murder
of 3000 Sikhs in Delhi; atrocities against dalits in bihar, Jharkhand, Maharashtra, Goa and in north
eastern part of India is very common.

4. The purpose to guarantee these rights and to distinguish them from majority was
not for creating such discrimination but was to make them able to diffuse them with
the majority.
5. Even the foreigner residing in India and forming the well defined religious and
linguistic minority also fall under preview of this article

What is minority?
● According to the International Encyclopedia of social science that contemporary
sociologist generally define a minority group of people- differentiated from other in
the same society by race, nationality, religion, or language- who both think of
themselves as a differentiated group and are thought of by the others as a
differentiated group with negative connotations. Thus minority group of people are
those with distinct in race, religion, language or nationality from other members of
the society in which they live
● The U.N sub commission on prevention of discrimination and protection of minorities
has defined minority as under:

1. The term minority includes only those non documents groups of
population which possess wish to preserve stable ethnic, religious
or linguistic traditions or characteristics markedly different from
those of the rest population.
2. Such minorities should properly include the number of persons
sufficient by themselves to preserve such traditions or
characteristics; &
3. Such minorities should be loyal to the states of which they are
nationals.

● The constitution uses the term ‘minority’ without defining it.
● Art.30(1) uses the term ‘linguistic’ or ‘religious’ minorities. The word or
means that a minority may either be linguistic or religious and that it
does not have to be both, it is sufficient if it is any one of them.
● How to determine : if state law extending to the whole of a state is in
question, the minority must be determined with reference to the entire
state population for purpose of Art.30(1)
● State: Community <50% of entire state population.
● National: community <50% of entire national population.

Minority rights
Minority rights are the
normal individual rights as
applied to members of
racial, ethnic, class,
religious, linguistic or
sexual minorities;and also
collective rights accorded
to minority groups.

Minorities in India
● Minorities in India: According to National commission of minorities,
members from following six religion belong to religious minorities. 1.
Muslims.
2 Christians.
3. Sikhs
4. Buddhists.
5. Zoroastrians (parsis).
6. Jains
● Minority rights are important because minorities are numerically
less, hence they are vulnerable. Because majority can easily abuse minority .

● At International level, Art.27 of International Covenant on Civil & Political
Rights (ICCPR), says that the states in which the ethnic, religious or linguistic
minorities exist, person belonging to such minorities shall not be denied the right, in
community with the other members of their groups, to enjoy their own culture, to
profess & practice their own religion, or language
● United Nations (UN) promulgated the declaration on the rights of minorities
proclaiming that “States shall protect the existence of the national or ethnic, culture,
religious and linguistic identity of minorities within their respective territories and
encourage conditions for promotion of that identity.”

● Minority rights in India: the constitution of India guarantees different rights to
minorities. These are cultural and educational rights have been guaranteed under
article 29 and 30

Article 29
protection of
interests of
minorities

Article 29(1)
● The application of the article is upon person having a distinct language, script
or culture of its own and it takes into the consideration 2 types of minorities
one linguistic and other religious minority.
● Under Art. 29(1) any school or university can promote education in regional
language as far as it is done for minor and language of the minor.

Article 29 (2)
● This article is wide and unqualified. It confers a special right not on the minority but
to the majority also for the admission in the state maintained or aided educational
institutions.
● Thus it is very clear through this provision that in any case no more discrimination on
the ground of the language, caste or religion, whether it is state maintained
education institute or private aided institute.

● In Case State Bombay v
Bombay Education Society's
AIR 1954 SC 561:
Supreme court held that limiting
this right only to minority groups
will amount holding that the
citizens of the majority group have
no right to be admitted into an
educational institution for the
maintenance of which contribute
by the way of taxes.

● In Ravneet Kaur v Christian
Medical College, Ludhiana’s
Case AIR 1998 P&H 1:
SC Court held the private institution
receiving aid from the state cannot
discriminate on grounds of religion,
caste, race language or any of them.

● D. A. V College Jullunder v State of Punjab’s case AIR 1971 SC 1737:
Supreme court rejected the argument saying that there is no mandate in the provision
compelling affiliated colleges either to study the religious teaching of Guru Nanak, or to adopt
in any way the culture of the Sikhs. If the university makes provision for an academic and
philosophical study and research on the life and teaching of a Saint, it cannot be said that the
affiliated college are being required to compulsorily study his life and teachings.
● In State of Madras v Champakam’s case, AIR 1951 SC 226:
The Supreme Court held that the classification in the government order was based on religion,
race, caste which were inconsistent with Article 29(2). Even though the petitioner had got
much higher marks than secured by many non-brahmins who were admitted in the seat alloted
to them, he could not be admitted into any institution. This is the only reason for the denail of
admission to him was that he was a brahmin and not a non-brahmin.

Article 30: Right of minorities to establish and
administer educational institution:
● 30(1): All minorities, whether based on the religion or language, shall have the right
to establish and administer educational institution of their choice.
● The benefits of art.30(1) extends only to linguistic or religious minorities and not to
any other section of the Indian citizen. Article here state linguistic and religious
minority. Here minority means that community which is less than 50% of the total
population with respect of the population of the state.
● If it is established by other community or by any other person then they cannot claim
the right under this article.

Article 30(1-A)
● 30(1-A): In making any law providing for compulsory acquisition of any property of
an educational institution established and administered by a minority, referred to in
clause ( 1 ), the State shall ensure that the amount fixed by or determined under such
law for the acquisition of such property is such as would not restrict or abrogate the
right guaranteed under that clause.
● This minorities have the right to get the compensation for the compulsory acquisition
of the property of an educational institution established by them.

Article 30(2)
● 30(2):The state shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the management of
a minority, whether based on religion or language.
● Art. 30(2) says the state, govt. Aided educational institute should not be
discriminated by the states on the ground that it is under the management of
minority, whether based on religion or language.

● In re Kerala Education Bill Case AIR 1958 SC 956:
Supreme Court held that article 30(1) covers institutions imparting general secular education.
The object of Article 30(1) is to enable children of linguistic and religious minorities to go out
in the world fully equipped. Protection guaranteed to minority under Article 30 is to preserve
and strengthen the integrity and unity of the country. The minority will feel isolate and
separated if they are not given the protection under Article 30.

● Rt. Rev Mark Netto v State of kerala (1979) 1 SCC 23:
Permission to admit girl students in Catholic Mission High School in which, as a
matter of fact, only boy students were admitted for last more than 25 years was
refused - although there was already in existence a facility for education of girls in
locality (Muslims Girls High School) the Supreme Court held that refusal by Regional
Deputy Director of Public Instruction to admit girl students was violative of Article
30(1).

● In Ahmedabad St. Xavier’s College v State of Gujarat AIR 1974 SC 1389:
The question for consideration is whether the minorities based on religion or
language have the right to establish and administer educational institutions for
imparting general secular education within the meaning of Art.30 of the
Constitution., Supreme Court has pointed out that the spirit behind Article 30(1) is
the conscience of the nation that the minorities, religious as well as linguistics, are
not prohibited from establishing and administrating educational institutions of their
choice for the purposes of giving their children the best general education so as to
make them complete men and women of the country.

Government Regulations
● The minority institutions are given a right to establish and administer the
educational institutions but they are not absolutely free from the regulations of the
State, they are to be controlled to keep a check on maladministration practices.
● This control is shown in the case St. Stephens College v. University of Delhi where it
is stated that the "State has the full authority to intervene and make regulations
which serves the interests of students and teacher. The minority institution cannot
claim immunity against the general pattern of education. And also discrimination in
admission of students cannot be done on the basis of community, the admission
should be made on the basis of merits irrespective of the other facts"

● Honorable Supreme Court in P.A.Inamdar vs. State of Maharashtra laid down the general principle
related to establishment and administration of educational institution by the minorities that may
be summarized as:
● 1. The right of minorities to establish and administer educational institutions of their choice is
guaranteed by Article 30(1) subject to the regulatory power of the State for maintaining and
facilitating the excellence of educational standard. The quality of education imparted cannot be
compromised which is expected out of educational institutions.
● 2. The regulations made by the statutory authorities should not be impinge upon the minority
character of the institution. The regulations must satisfy a dual test that it is regulative of the
educational character of the institution and is conducive to making the institution an effective
vehicle of education for the minority community or the other person who resort it.
3. The law made by the State to regulate the administration of educational institutions, and grant-
in-aid, will apply to minority educational institutions also.

● 4.The general laws of the land relating to national interest, national security, social welfare,
public order, morality, health, sanitation, taxation etc. applicable to all, will equally apply to
minority educational institutions also.
● 5.The fundamental right guaranteed under Article 30(1) is intended to be effective and should
not be cut down by any administrative exigency. No inconvenience or difficulties,
administrative and financial, can justify infringement of the fundamental right.
● 6.Receipt of aid does not alter the nature or character of the minority educational institutions
receiving aid. Article 30(1) clearly implies that any grant that is given by the State to the
minority educational institution cannot have such conditions attached to It which will in any
way dilute or abridge the rights of the minorities to establish and administer educational
institutions. But the State can lay down reasonable conditions for obtaining grant-in-aid and
for its proper utilization.

● The State can regulate the service conditions of the employees of the minority educational
institutions to ensure quality of education. An law intended to regulate service conditions of
employees of educational institutions will app to minority educational institutions also, provided that
such law does not interfere with the overa administrative control of the managements over the staff.
The State can introduce a mechanism for redressal of the grievances of the employees.
● The right of minorities to establish and administer educational institutions of their comprises the
following rights:
● to choose its governing body in who the founders of the institution have faith and confidence to
conduct and manage the affairs of the institution
● to appoint teachers and non-teaching staff.
● To admit the students of its community. Non-minority students cannot be forced upon it.
● To receive a reasonable structure of its own. To take disciplinary action against any member of it's
erring staff.

Right to establish a Minority Educational Institution:-
● The National Commission for Minority Educational Institutions Act (2 of 2005) as amended by the
NCMEI (Amendment Act 2006) lays down rights of Minority Educational Institutions as under:-
Any person who desires to establish a Minority Institution may apply to the Competent authority for
the grant of no objection certificate for the said purpose.
● The Competent authority shall:-
o On perusal of documents, affidavits or other evidence, if any; and
o After giving an op unity of being heard to the applicant, decide every application filed under sub-
section (1) as expeditiously as possible and grant or reject the application, as the may be:

Provided that where an application is rejected, the Competent authority shall
communicate the same to the applicant.
● Where within a period of ninety days from the receipt of the application under sub-
section (I) for the grant of no objection certificate:-
o The Competent authority does not grant such certificate; or
● Where an application has rejected and the same has not communicated to the person who
has applied for the grant of such certificate,
It shall be deemed that the Competent authority has granted a no objection certificate to
the applicant.

Constitutional safeguard and minorities
● In order to safeguard the rights of minorities, along with the general provisions;
following rights has been made specifically:
1. Right to Equality: Prohibition of discrimination on ground of religion, race, caste
etc. [Article 14,15,16, 17].
2. Freedom of conscience, Free Profession, Practice, and Propagation of religion
[Article 25]
3. Freedom to manage Religious affairs [Article 26]
4. Freedom as to payment of taxes for promotion of any particular religion [Article
27]
5. Facilities for instruction in mother tongue at primary stage [Article 350A]
6. Special offer for linguistic minorities [Article 350B]

PURPOSE OF GRANTING CULTURAL AND EDUCATIONAL
RIGHT:
● India being a secular state, to maintain it & let the minority mix with the mainstream society.
and it can also help in the development Of the country.
● Other reason is that India is the country Of diverse cultures, & everybody is equal. Hence they have
the equal opportunity to preserve it.
● The minorities have been given protection to preserve and strengthen the integrity Of the country.
The minority will feel isolated and separated if they are not given these rights.
● General secular education will open doors Of perception and act as the natural light Of mind for our
countrymen to live in the whole. This is the true spirit Of liberty, equality and fraternity through
medium Of education.
● Ille rights to administer have been given to the minority, so that it can mold
● the institution as it thinks fit, and in accordance with its idea as to how the interest Of community in
general, and institution in particular, will be best served.

Conclusion
In the light of all these factors, and in view of the
importance which the Constitution attaches to
protective measures to minorities , the minority aided
educational institutions are entitled to prefer their
community candidates to maintain the minority
character of their institutions subject to, of course, in
conformity with the university standard. The State may
regulate the intake in this category with due regard to
the need of the community in the area which the
institution is intended to serve. But in no case such
intake shall exceed 50 per cent of the annual
admission. The minority institutions shall make
available at least 50 per cent of the annual
admission to members of communities Other then the
minority community.

Minority groups and other marginalized groups

Minority groups and other marginalized groups

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