Written by: Shreya Kumari, Law Students, Galgotias University
“In law a man is guilty when he violates the rights of others . In ethics he is guilty if he only thinks of doing so “.
This article gives a short overview of targeted discrimination against Muslims as minorities In India and the apathy of legal and political agencies to protect them . This article focuses on The uncertain effect of religious autonomy in India and democracy . The Indian constitution Guarantees autonomy to its religious minorities and promises the minorities freedoms but There is huge gap between constitutional rights and political reality . The concept of majority Rule and respect for minority rights is demonstrated in several constitutions of the world .Oppression by the majority of the minority is barred by articles of these respective Constitutions . Today , democracy is mostly the method of government of people that is ruled By the people . The issue of minority rights is at the center of the concept of civics rights .This paper also offers an alternative account of why minority rights have international Significance as well and more information on the values of an international, socially just Process for the allocation of resources by states . By this approach , international minorities Rights speak to the wrongs that international law itself produces by organizing international Political reality into a legal order .
Introduction
In a democratic country , Constitution is the supreme document that guarantees equal Protection of minorities as well as majorities . Because The concept of “minorityism” states The phenomenon of uncertainty and inferiority . It indicates that particular section of people Faces variety of reasons (bid) . The distinction among communities regarding “minorities “ And “majority” have existed throughout history . The French revolution and American revolution in the late eighteenth century proclaimed the Free exercise of religion as a fundamental right , although neither directly addresses the Border issues of minority protection. In India we have several minorities , big as well as small . Some are very highly civilized and cultured , others are backward educationally , Economically and socially . Their proper treatment is one of the main duties of government . So long as they are not contented with their position in Indian society , there can be no peace The coronavirus pandemic has had complex ramifications for polarization in India , which is Fueling societal tensions . Notably the crisis has caused and cultivated the feeling of “ Collective resolve and solidarity “ For instance Modi asked all Indian to clap together in Support of essential workers or to light candles at a designated time . Though majority of Indian have enthusiastically embraced Modi’s signature policy initiatives , a nationwide Lockdown , despite issues with its implementation . But at the social level , however the pandemic has stroked Islamophobia and aggravated Religious divides . The catalyst for rapidly growing anti-Muslim sentiment was a coronavirus Outbreak connected to single event organized in mid March by an Islamic missionary Movement called Tablighi Jamaat. When public health authorities indentified the event as a Hot spot of infections . Tragically this outpouring of hateful rhetoric has translated into an Increase in anti – Muslim discrimination and sporadic violence in some parts of India .Following the outbreak of COVID -19 , physical , verbal and psychological warfare is being Waged against these minorities , pushing their ostracizing further in Indian society . It is Regrettable that ideological hatred has been practised in the garb of patriotism and Nationalism.
The Indian constitution guarantees to its religious minorities, and promises the freedom to Manage their religious affairs independently . Article 15 which encapsulates one of the Fundamental rights of Indian constitution , explicitly prohibits discrimination on grounds of Religion , besides race , caste , sex and place of birth . During the latest global pandemic, some governments have blamed minority faith groups for The outbreak of coronavirus and used the crisis to justify further repression of religious Communities that had already from severe marginalization . Covid – 19 has added a new Dimension to the hate speech and disinformation circulated by national media against the Indian minority communities . At the same time political leadership was busy exacerbating The tensions between religious groups , the official actions were not aimed at fighting the Virus but instead busy restricting their religious practise and legal rights . This article provides a short overview of the targeted discrimination against minorities in India and apathy from the legal and political agencies to protect the
Literature Review
• Ayelet Harel-Shalev (2009): In the research paper titled “The problematic nature of Religious autonomy to minorities in democracies – the case of India’s Muslims” stated that The Autonomy granted to religious minorities in India is one of great importance in order to Preserve the culture and secure the interests of the minorities. Although India being a secular Country Aims at protecting the rights of all equally, due to the dominant position of majority Religion in India, the minorities have been suppressed for far too long. It is a paradoxical view Which states That aspirating for a “uniform personal law” for all hampers the uniqueness of Different Minorities. Hence, the autonomy given the minorities helps them to regulate their Community In ways that will protect the interest of the entire community from the dominant Other. The Research paper also states that the Hindus may not recognize dominance in the Constitution but Benefit from cultural and political dominance which is enjoyed by them.
Diva Rai (2020): In the article titled “Minorities in India: rights and legal status” states That The way a country protects the rights of minorities speaks a lot about the country. The Article Highlights that the increase in number of majorities has given rise to minorities who are In a Nondominant position in the society and hence need to be protected. The minorities feel Suppressed as against the larger population and with the democratic rule in India it is Important To maintain a balance between different groups. The article highlights that Although the word “minority” has not been defined in the Indian Constitution, it is defined on The basis of language And religion. The author mentions that the myth of fear to be alienated In minorities is one Which is not a myth but a reality due to the situation in the country. Not Only the national but The UN Forum has also recognized the issues faced by minorities in India in the eighth session.
Varun Shivhare: In the article titled “Minority Rights – The Judicial Approach” Explained That there has been no definition provided for the word “minority.” Many committees Have Suggested a basic definition of the term minority however the same has not been stated Explicitly. Many studies suggest that minority as a community is less than 50% however the Question of 50% of which total has been posed. The article highlights that who is a minority And on what basis is it ascertained is dependent on the futility of the courts when it comes to Answering questions related to minorities. While explaining Article 30(1) the author Emphasis On the fact that while minorities can establish educational institutions for the Betterment of their Community, the purpose for the same should be educational excellence Along with preserving Languages and scripts of their own.
What is research question ? – “ Is Indian democracy is prevailing in The right way without majoritarian dominance and minority Suppression ”
Objective :-
• To understand who is minority
• To understand the rights of minorities
• To understand the implementation of constitutional provision in favour of Socially weaker and no targeted separation of same groups .
• To study Indian secularism along with other countries and positive analysis of Our situation which helps to improve .
• Rights of majority in Indian society .
• Is constitution equally providing protection to minority ? and regulation of
Majoritarian autonomy.
Methodology
Here in this research paper , the researcher has used the doctrinal method of research aims at analyzing the extent of rights to the minorities and the autonomy given to the majority . Anywhere in the constitution of any law the term minority has not been defined so the research has used the different sources and judgement to define the term .Our constitution is beautifully securing the rights of the minorities and the fulfilling the expectations of all section of society which contains the variety of culture in itself .The purpose of the research paper is to satisfy the reader with the all unanswered questions in the reader mind . And this research will be able to convey all the relevant information. And also will suggest the solution to the problem which need to be focused.
Limitation
Despite of all the sincere efforts put forward for this research there are some inherent limitations . Due to money and the time constraints, the researcher was unable to collect primary data . The researcher has tried to collect all the information in very short time and the term minority has not been defined in constitution , the researcher has used some landmark cases to define this term . And Researcher has made effort to cover all the area of relevance .
Hypothesis
At the end of this report , the reader will be able to get the all answers of their questions about the rights of minorities and the extent of autonomy given to the majority . The research contain majority of the information which is required to be conveyed . The reader will find helpful in understanding the condition of the minority in India and even world . The unlawful and illegal allegations put to them in many instances. There should be a healthy environment for both minority and the majority to survive peacefully . The research most clearly will be able to express the rights and duties of all the sections of the society . It contains the material from various authorised sources which is undoubtedly trustworthy. So at the end of the reading , the work will able to clear confusions from people’s mind which should be cleared.
Discussion :-
Minority right under International Law :-
In the international laws like United nation , it is under the provision . Stating that article 27 of the Covenant on civil and political Rights (ICCPR) and under article 30 of the convention of child contain the provision for the protection of the rights of the minorities . It gives direction to the world about the importance of making the majority and minority getting same treatment and benefits. That would give rise to better future and it would be safer even . So at International level also there is better initiatives from different different organisation in order to protect the minorities equally. There is certain more provisions relating the same things , for example – United nation Declaration on the Rights of the persons belonging to National or ethic , Religious or linguistic minorities is he document that sets the principle standards which directs various countries of the world to take the necessary measures in order to protect the rights of the minorities . Minorities term includes not only the religious minorities or the linguistic minorities but also cultures , educational etc .
The UN declaration on the minorities is considered as most important documents in relation to the minority rights . But UN is not at all depended on this or limited it’s effort for the protection of the minority rights . There are many more – the convention against the genocide , the international convention on the elimination of all forms of racial discrimination , United nation educational , scientific and cultural organizations ( UNESCO’S) convention against discrimination in education , the UNESCO declaration on race and racial prejudice , the declaration on the elimination of all forms of Intolerance and of discrimination based on racial belief , the universal declaration of human right ( article 26 ) , the international convention on Economic , Social , and culture rights (article – 13 ) and the declaration and programs of action adopted in 1978 and 1983 by the two world conferences .
The UN has made his initiatives very practical and applicable to everyone equally . Like the Article 13 of the International covenent on economic and social culture rights ( ICESCR ) states the right to education should be given to each and every individual and legal guardian of the child or parents should have the authority to select the educational institution for their child and there should be certain minimum educational standards . And education not only included the bookish knowledge but also the state should implement the religious and moral education in their education system .Also it should be highlighted that all the people who are disadvantaged can get easy access to education .
The convention allowed people to have access to the fair treatment and the and that helped individuals together rid of the racial discrimination The convention on the of prevention and the punishment of the crime of genocide now also consider the minorities group in itself to give the protection and it is already included in the article 2 of the act . The action included the intent to Destroy the national , ethical or religious group that included killing , causing serious bodily injury etc . So there is huge exploitation of the minorities at the international level also .
Minorities in India
In India , there is good protection to the minorities which is already seen in various judgement and the legislation passed by the parliament which included every citizen be it minority or majority . Even the constitution of India also guarantees same level of protection to the minority which it provides to the majoritarian groups . Some article that is explicitly for the minorities of India is article 29 & 30 of the Indian constitution which aims to safeguards the educational rights of the minority and hence ensures that they can establish their own educational institution and can make their own rules and regulations according to their needs . So Indian constitution expressly states that both minority and majority will be treated in the same way under the eyes of the law . In India minority generally consist of the Christians ( 2.5%) , Sikhs (2%) , Jai s ( 1%) and the Muslims (14%) . But though it is only 14%. But it is important to be kept in the mind that Indian Muslims are getting third largest population in the world . In India the population. Of Hindus are 80% which is one single religion .
So It is also an area to be thought upon that a country where it’s majority population is one single religion and the no. is 80% is not it so difficult to provide equal status to the Minority??? …..Taking an Example that Muslim in India have poverty rate of 43% and it’s national average is 39% ( National sample survey organization , 1999 -2000 ) . In India , Muslim landlessness is 51% as compared to 40% for Hindu ( Majumdaar 2018 )
There are many more problems , In the education sector also there is very less representation of the Muslims and consequently There is very less jobs they owns in the higher position in government offices and the skilled professions in service sector . Just 5%women have completed the high education and income that average Muslim have is Less than 11% than the national average. , there is data showing almost 60% of Muslims have never gone to school . This is the discussion of normal Muslims but we even not imagining the situation of the Kashmiri Muslims . They are testimony to the betrayal of the rights and the denial of the justice to the Muslim population . So taking into thee consideration the above mentioned situations and ye data of the minorities in india there is the urgent need for the implementation of the new laws that can handle this worst situation of the people of those backwards with sensitivity .
Taking the conditions which was prevailing during the outbreak of the COVID – 19 . There was hate speech against the specific religion for the aiding in the more spread of the corona virus a deadly virus . There was psychological warfare , verbal warfare was waged against these minorities . And even these things was done under the influence of religion and Nationalism which is really very regrettable . It is an ideological hatred . The Indian constitution guarantees the best protection from all these religion specific or ideological specific hatred but they were still became victim of the those acts . Article 14 & 15 specifically prevent any kind of discrimination on the ground of religion , race ,caste , sex , and place of birth .
So during the latest global pandemic , some governments have blamed minorities faith groups for the outbreak of the COVID – 19 and hence they tried to use the crisis to make them feel lower who are already suffering from the marginalization . COVID – 19 has added new dimension to the hate speech and disinformation circulated by the national media against Indian minority communities. And our political groups were also busy in exacerbating the tension between religious groups instead of being United in order to defeat the deadly virus . So as the result , minority of India has faced severe oppression during the COVID – 19 time.
Conclusion
In India , the religious freedom has been seen drastic downward , with religious minorities under increasing assault after re – election of right – wing government . Here , the main allegation is always on the government that it is the government which hate Muslim and make policies against them . The national government allowed violence against minorities and allowed hate speech. Even during the COVID – 19 pandemic , the search for scalpgoat has focused squarely on the country’s sizable minority , a community of 200 million that felt under threat even before the advent of COVID – 19 .
Sone countries who are regularly engaged in crime related act such as Pakistan , Myanmar they used the situation of COVID – 19 to divert the attention of the world and continue to do violence against their minorities . So this is the proof that COVID – 19 has caused another opportunity to launch a fresh psychological, physical or verbal attacks on Muslim minorities . . There are many instances where the minorities has been subject to serious and persistence violation of their basic rights . The effective implementation of the special laws and non – discrimination provision is needed .
Although India defines itself as an sovereign , secular , democratic nation , several laws and provisions like cow protection legislation , fuel anti – minority sentiment . Communalism is becoming heightened and mob lynchying is happening to intimidate the poorer section of the society for political reasons .
Indian should work for reducing communalism and make effective legislation for the protection of the all section of the minorities who are already assured by fundamental rights that they will not be discriminated. And it is high time to create legal provision for witness to feel secure so that justice is not compromised .
References
Petričušić, Antonija. “The rights of minorities in international Law.” Croatian International Relations Review 11, no. 38/39(2005): 47-57.
De Varennes, Fernand. “The existing rights of minorities in International law.” Language: A right and a resource (1999): 117-46.
Brölmann, Catherine, René Lefeber, and Marjoleine Zieck, eds. Peoples and minorities in international law. BRILL, 2023.
Šmihula, Daniel. “Definition of national minorities in International law.” Journal of US-China Public Administration 6, No. 5 (2009): 45-51. De Azcarate, Pablo. “Protection of Minorities and Human Rights.” The ANNALS of the American Academy of Political and Social Science 243, no. 1 (1946): 124-128.
Evans, Ifor L. “The protection of minorities.” Brit. YB Int’l L. 4 (1923): 95.
Xhemaili, Luljeta. “PROTECTION OF MINORITIES.” ANGLISTICUM. Journal of the Association-Institute for English Language and American Studies 11, no. 4 (2022): 59-68.
Comentarios