HUMAN RIGHTS PROTECTION: PLENTY OF LAWS BUT PLENTY OF VIOLENCE, WHY? BY - NOORU MOHAMMED
HUMAN RIGHTS PROTECTION: PLENTY OF
LAWS BUT PLENTY OF VIOLENCE,
WHY?
AUTHORED BY - NOORU MOHAMMED
BBA; LLB 8th SEM
TIRUR, KERALA
MARKAZ LAW COLLEGE
KOZHIKODE,
India is a
largest democratic and developing country. Inspite of such vast developments,
several problems regarding to the human rights with respect to the minorities
is still very prominent in India. Minorities are vulnerable groups in the
society. So, they require more protection and safeguard. Rights of minorities
have been a debatable issue since independence and it still remaining as a
controversial topic in the mainstream politics at the national and state level.
Throughout India, they are subjected to great harassments and discriminations.
These vulnerable groups deserve the rapid attention of the legislature and the
judiciary in providing safeguards and protection of human rights to preserve
their language, culture and ethnicity etc. Indian constitution enshrined the
rights of minorities in its various provisions. But even though the violation is
being increased day by day. The failure of government authorities on executing their duty as well as
the exploitation of the law, plays a crucial role on it. This study
investigates the socio-economic conditions of the minorities as well as the
cultural and historical reasons for their discrimination. Issues, challenges,
causes and factors affecting to the minorities are a part of this study. This
paper also aims to shed light on the provisions related with the rights of
minorities guaranteed under the national constitution and international
instruments with respect to the landmark judgments. As a result, it will help
to understand the present status of minority communities in India. And to bring
social morals of secularism and brotherhood among the society.
(Keywords: minority rights, constitution of India, secularism, human
rights, international
conventions)
INTRODUCTION
In India, there are different groups
of people with different, language, race, religion, ethnic, tribes, and
socio-cultural background. so, it is a democratic, secular, and plural society.
Within this diversity, Hinduism is the majority religion in India with its
79.80 % population[1]. Every
country has religious minorities. India also has minority religions like Islam,
Christianity, Jainism, Buddhism, Parsi, Sikhism etc. The numeral difference in
the various religions is became as a ground for communal violence and riots. it
makes the minorities as a vulnerable group and being a pray before the attacks
of the majority religion.so India has witnessed an inglorious history and
legacy of many communal violence and ferocity.
Minorities in India constitute nearly
19.3% of the country's population. Muslims 14.2%, Christians 2.3%, Sikhs 1.7%,
Buddhists 0.7%, Jain 0.4%, Parsis 0.006%[2]
which amounts to more than 200 million. In recent years, religious minorities
have witnessed a deterioration of their rights. thus, issue of human rights
violation is being increased day by day. The Indian government often ignores
its constitutional commitments to protect the rights of religious minorities.
National and state laws are used to violate the rights of minority communities,
Violence against religious minorities like discrimination, forced conversions,
harassment and intimidation of religious minorities are not new phenomena in
India. So, the issue of violation of human rights of minorities such as
discrimination, torture, massacre and brutal killing is increased almost in all
parts of the country. Each and every violation of human rights, brings a great
threat to the welfare and dignity of the human civilization. So, the status of
a democratic country can be judged by the status of human rights of its
minorities.
MINORITIES
United Nations Commission on Human
Rights in 1950 had defined minorities as “Only those communities other than the
ruling national community can be termed as minorities who want to have a
language, religion or race different from the language, religion and race of
the national community. It is essential for being recognized as minorities that
they should be sufficient in number and their constituents should be faithful
to the nation in which they live.”
According to Louis Wirth “A minority
is a group of people who because of their physical or cultural characteristics,
are singled out from others in the society in which they live for differential
and unequal treatment and who therefore regard themselves as objects of
collective discrimination’’[3]
Capotorti also defined minority as,
“A group numerically inferior to the rest of the population of a State, in a
non- dominant position, whose members being nationals of the State possess
ethnic, religious or linguistic characteristic different from those of the rest
of the population and show, if only implicitly, a sense of solidarity, directed
towards preserving their culture, traditions, religion and language’’[4]
The constitution has not given any definition
to the word minority but in a case, it defining as an identifiable group of
people or community who were seen as deserving protection from likely
deprivation of their religious, cultural and educational rights by other
communities who happen to be in majority and likely to gain political power in
a democratic form of government based on election[5]
In Re Kerala Education Bill[6]
where the Supreme Court, suggesting that the minority means a community which
is numerically less than 50 percent of the total population. In A. M. Patroniv
v/s Kesavan[7], a
Division Bench of the Kerala High Court held that the world “Minority” is not
defined in the constitution, so in the absence of the definition, any community
religious or linguistic which is less than 50% of the population of the State
concerned as minority.
HISTORICAL PERSPECTIVE
The rights of minorities and the
right to be protected against majoritarianism were considered in the Moti Lal
Nehru draft constitution. Subsequently, Jawaharlal Nehru has written a note on
minorities “the history of India, and many of the countries of Europe have
demonstrated that there can be no stable equilibrium in any country so long as
an attempt is made to crush a minority, or force it to conform to the ways of
the majority[8]
The Karachi charter of 1931 on
fundamental rights also reiterated this principle. And the report of the Sapru
committee, which was set up by the non-party conference in November 1944,
recommended the full religious tolerance, non-interference in religious
beliefs, practices and institutions and protection of culture and languages of
all communities.
PERIOD OF THE CONSTITUENT ASSEMBLY
The Constituent Assembly had setup an
Advisory Committee under the chairmanship of Sardar Patel on the subject of
Fundamental Rights including rights of minorities and importance of providing
rights and protection to them. The Advisory
Committee appointed five sub-committees and the sub-committees was headed by
H.C. Mukherjee. Eventually sub-committee made various recommendations regarding
the safeguards for minorities in India. One of the recommendations was about
separate electorates for minorities. But this recommendation was rejected by
referring to the past experience of sharpened communal differences. Thus, it
was decided that all elections to Central and Provincial legislatures were to
be held on the basis of joint electorates with reservation of seats for certain
specified minority groups according to their population ratio. It was also
proposed that the reservation of seats was given on basis ten years’
experience. The Advisory committee finally decided that seats for recognised
minority groups in accordance to their population. So finally, the drafters
created constitutional rights with considering the needs and protection of
minority group.
VIOLATION OF THE RIGHTS OF MINORITIES
India is a sovereign, socialist,
secular, democratic & republic state. Every attribute of the Republic is
bed-rocked on human rights, the secular liberation which interdicts
discrimination against individuals and vulnerable groups. But, today, human
rights violation is rampant through the world particularly in developing
countries including India, in spite of adopting a number of declarations,
conventions and covenants.
Human rights violation means when a government
or society or individual violates the rights of its citizens or its members or
any human being. The rights of Dalits and tribal people are refused, their
properties are taken away and their women and girls are raped, assaulted and
ill-treated. Their properties are damaged and places of worship are destroyed.
They are assaulted, false cases are registered against them and they are
discriminated by the religious majority. ACHR report reveals that the rights of
minorities are violated due to the failure of the central government and state
level authorities to address economic and social grievances, the societal
violence and discrimination faced by religious ethnic minorities, indigenous
and tribal peoples and members of the Dalit community. The government has regularly failed to provide
adequate public security for the minorities and failed to prevent nonstate
actors from taking the law into their own hands. Discrimination and
exploitation on Dalits, Women and Children is increased. Atrocities on Dalit
such as massacre, loot, harassment, , rape, molestation sudden eviction from
land have become routine. Women are victimized for rape, abduction and
kidnapping, murder and dowry deaths.
children continue to remain in distress and turmoil.
Peoples Forum for UPR states that the
religious minorities in India face serious discrimination from majority Hindus
and the state has turned as majoritarian. They face persecution,
stigmatization, and marginalization in economic, social and political spheres.
India has witnessed for the communal riots during the partition in 1947 and still
continues to regular communal violence, mass crimes, ethnic cleansing and
genocide[9]
There is a no of stories of violation
of rights of minorities. According to Grover, the Nellei massacre of
1983, the anti-Muslim violence in Mumbai in 1992, the Bhagalpur riots of 1989,
the genocide attacks on the Muslims of Gujarat in 2002, anti-Sikh Pogroms of
1984, and the Kandhmal attack on Christians in 2008 this mass crime challenges
the secularism of India.
In December, 1998, Gujarat were
witnessed the attacks on Christian minority and in March-April, 2002 attacks on
the Muslim minority. About the attack on Christians, it was held that Christian
Missionaries were converting tribals to Christianity and non-Christian tribal
clashed with tribal Christians. They loss their properties, school building and
religious places of Christian were burnt & destroyed.
According to the various minority
communities, including Dalits, Christians, and Muslims. Beef is a source of
nutrition. The cattle transportation and beef industries,
including slaughter for food consumption, hauling items, and manufacturing leather goods are a part of their work.
Eid-ul-Adha it is a Islamic festival so they Slaughter animals, including cows.
it is an essential practice in Islam. The ban on cow slaughter has been
challenged in Indian courts at different occasions.
. In the 1958 case, Mohammad Hanif
Quareshi v. State of Bihar. the killing
of Mohammad Akhlaq by Hindu mobs. in
September 2015. Mr. Akhlaq, beaten to death, his family had been eating beef
and storing the meat in their home. Indian Army was involved in various cases
of torturing and lynching cattle traders. They patrol major cities and
highways, attacking people transporting cattle or possessing, consuming, or
selling beef. If once they got victim, they strip him naked, make repeated
abuses against his professed faith, beat and torture him,
In October 2015 four Muslim men were
killed by Hind, based on suspicion that they had killed or stolen cows for
beef. Dalit were beaten for skinning of
dead cow, In April 2016, police in Tamil Nadu state arrested and detained 17
Adivasis for alleged theft. Quoting a local NGO Gujarat riot, Punjab mass
cremation, starvation deaths in Orissa, it encounters deaths in Andhra Pradesh,
The Times of India reported that
police beat, tortured and sexually assaulted the detainees over 63 days and
forced them to admit to crimes they reportedly did not commit. Those detained
included five children under 12 years old and four women.
In June 2016, a mob of Hindu
upper-caste allegedly burned 11 Dalit homes because some Dalits had acted in a
play caricaturing the "upper" castes. In May 2015, also in Rajasthan,
"upper" caste killed three Dalits in their village by running a
tractor over them.
In Haryana, two Muslims were forced
to eat cow dung. Gujarat riot, Punjab mass cremation, starvation deaths in
Orissa, encounter deaths in Andhra Pradesh and In August 2016, a 20-year-old
Muslim woman in Haryana alleged that four Hindu men raped her and her
14-year-old niece and beat her uncle and aunt to death after accusing them of
eating beef are cases related to the violation of their rights.
Restrictions on Freedom of
Expression, Anti-Conversion Laws, “Love Jihad”, Restrictions on Foreign
Funding, Harassment and murder of Human Rights Defenders deaths are the
examples of the problems faced by the minorities in India
The national government used its
parliamentary majority to institute national level policies violating religious
freedom across India. Especially for the Muslim minority community.[10]The
Universal Periodic Review (UPR) attributes responsibility for anti-minority
violence is to the Indian Government, including the present governing political
party
PROTECTION AND SAFEGUARD TO THE
MINORITIES IN INDIA
CONSTITUTION OF INDIA
“WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India
into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC….”[11]
The preamble has declared that India is a secular county in its beginning. no special privileges will be given to any
particular religion. Every religion will have equal respect before the state.
Constitution provides a comprehensive
framework for protecting and promoting the rights of religious, cultural, and
linguistic minorities. And the Indian judiciary, like the Supreme Court, is the
defender of the Constitution, guardian of protecting minorities and
safeguarding the religion, culture, race, etc.[12]
Fundamental rights of the
constitution of India
The benefits and privileges
guaranteed under fundamental rights are entitled to all the citizens of the
country without any discrimination. The dignity of the individual, the equality
of society, protection of larger public interest and safeguard of national
unity are ensured by the provisions of fundamental rights. Since the rights are
guaranteed and protected by the constitution, the supreme law of the country,
since these rights are equal to everyone.
Equality of opportunity and equality
before law has been extended to every citizen of the country as per the
provisions of the Indian constitution. the fundamental rights that ensure
security and safeguard to the rights and privileges of minorities in India.
·
Article
14 of the Indian Constitution says “The State shall not deny to any person’s
equality before the law or the equal protection of the laws within the
territory of India.” As per this provision, every citizen of the country has
equal protection of law. No one is dominant than the other.
·
Similarly,
Article 15(1) provides that, "the State shall not discriminate against any
citizen on grounds only of religion, race, caste, sex, place of birth or any of
them".
·
Article
19 of the Indian Constitution says that, “All citizens shall have the right
· To
freedom of speech and expression;
· To
assemble peaceably and without arms;
· To form
associations or unions;
· To move
freely throughout the territory of India;
· To
reside and settle in any part of the territory of India and
· To practise
any profession, or to carry on any occupation, trade or business” These freedoms are the hallmarks of a successful
political democracy
·
Article
25 of the Indian Constitution express that, “Subject to public order, morality
and health and to the other provisions of this Part, all persons are equally
entitled to freedom of conscience and the right freely to profess, practise and
propagate religion. “This right gives the freedom to an individual to follow,
practice and propagate religion so the State cannot impose or curb any
particular religious convention or tradition. It gives a kind of immunity to
minorities from the attacks of majority.
·
Article
26 of the Indian Constitution states that, “Subject to public order, morality
and health, every religious denomination or any section thereof shall have the
right
· To manage its own affairs in matters
of religion
· To own and acquire movable and
immovable property; and
· To administer such property in
accordance with law.”
These rights
protect and guarantee the all rights of a religion. It gives a safety and
protection to the minority.
·
Article
27 of the Indian Constitution express that, “No person shall be compelled to
pay any taxes, the proceeds of which are specifically appropriated in payment
of expenses for the promotion or maintenance of any particular religion or
religious denomination”
This article guarantee
that state don’t spend the public money for the welfare of a particular
religion including minority religions. When a government is formed who is
having affiliation to majority religion, chances of minority religions, beings
secluded and side-lined are higher. But the provisions of article 27 is a
blocking from these activities.
·
Article
28 of the Indian Constitution says that, “No religious instruction shall be
provided in any educational institution wholly maintained out of State funds.
“This article ensure that no fully/partially state funded educational
institution compel anyone to follow religious instructions. This will also
protect the minorities from any activities of majority religious educational
institution to compulsorily follow their religious instructions.
·
Article 29: deal with cultural and
educational rights of minorities
Article 29 of the Indian
Constitution says that, “(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.
(2) No citizen shall be
denied admission into any educational institution maintained by the State or
receiving aid out of State funds on grounds only of religion, race, caste,
language or any of them.”
This is one of such
articles which deals with the minorities of the country. it helps the
minorities to defend and safeguard their distinct language, culture and script.
Article 29 (2) says
‘’shall prevent the State from making any special provision for the advancement
of any socially and educationally backward classes of citizens or for the
scheduled castes and the scheduled tribes.”
This article gave
constitutional authorisation to the government machineries to make any special
provisions for the advancement of the backward sections of the society.
Article 29(2) further
mentions, "No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State funds on
grounds only of religion, race, caste, language or any of them"
·
Article
30: a minority-specific provision that protects the right of minorities to
establish and administer educational institutions[14]
Directive Principles of State Policy
DPSP contains a plenty of directives
to the state to seek economic, social, and cultural protections for Indian
citizens including minorities.
Articles 36 to 51 deals with the
‘Directive Principles of State policy. Articles which promoting the minority
rights as follows:
·
Article
38 states that, “The State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which
justice, social, economic and political, shall inform all the institutions of
the national life.” So, it reminding the state to ensure the justice, the
rights of minorities
·
Article
39 directing the state to ensure free legal assistance and equal justice. This
will give a guarantee for the rights of
the minorities.
·
Article
46 appeals State to take necessary measures and actions that promote with
educational and economic advancement of the weaker sections of the people. Such
as reservation, scholarships, loans etc.
·
Article
49 says “state shall protect the monuments and places and objects of national
importance. “This will help to preserve the historical monuments of the
minorities in the country from the spoliation, defacement, demolition,
deletion, discarding
·
Article
51 direct state to follow the international treaties and laws
Miscellaneous articles in the
constitution of India
Apart from the said provisions and
safeguards provided in the Preamble, Fundamental Rights and Directive
Principles of State Policy, there are some other articles mentioned in the
Indian Constitution which indicates the rights and privileges of minorities in
India. Some of them are as follows:
·
Articles
331, 333, 334, 336 and 337have the special provisions of “guaranteeing
representation of Anglo-Indians in Union and State legislatures through
nominations
·
Article
347 provide special provision of giving power to the President to officially
recognised a language, which is being spoken by the substantial population.
This can act as a defence for the languages of minority people.
·
Articles
343 to 351 deal with the language policy of the State
·
Article
350A and Article 350B take care of the specific needs of the linguistic
minorities. 350A - deals with facilities for instruction in mother tongue at
the primary stage, 350B-special Officer for linguistic minorities.
Article 350(B) has the
provision of appointing a ‘Special Officer for linguistic minorities’ by the
President “whose duty shall be investigating all matters relating to the
safeguards provided for linguistic minorities under this Constitution and
report to the President upon those matters.”
·
Articles
243D and 243T of the constitution provide the provision of seats for these
minorities (Scheduled Castes and Scheduled Tribes) in rural and self-governing
areas.
·
Similarly,
Articles 330 and 332 provides reservation of seats for them in the national
Parliament and the State Legislative Assemblies in order to assimilate the
minorities into the political system.
OTHER LAWS IN INDIA
Indian Parliament passed a number of
laws to protect minorities Such as The Anti-Untouchability Act of 1955 (renamed
in 1976 as Protection of Civil Rights Act) and Scheduled Caste and Scheduled
Tribes (Prevention of Atrocities) Act of 1989. They were enacted for the
protection of the human rights of Dalits.
National Commission for Minority Act
1992, Protection of Human Rights Act 1993, National Commission for Minority
Educational Institutions Act, 2004 are examples of other protection laws in
India.
PROGRAMME FOR THE WELFARE OF
MINORITIES
The welfare of the society has its
peek paramountcy including the minorities so the government adopting some
programme for them.
In 1983 The Prime Minister Indira
Gandhi had announced a 15-point programme for the welfare of minorities which
included their overall development. providing security to their life and
property and special thrust in the area of education and public employment main
objectives.
Multi-sectoral Development Programme
(MsDP):it was launched in the rural and semi-rural areas of minorities during
the year 2008-09. Pre-matric, post-matric, Merit-Cum -Means such scholarship
schemes, Maulana Azad National Fellowship, Free Coaching and Allied Scheme are
example of the programme.
National Minorities Development and
Finance Corporation (NMDFC) it was provided for the concessional loans for
self-employment and income generating activities to the persons belonging to a
minority community, having a family income below double the poverty line.
NGO: Non-Governmental Organizations
have a micro financing scheme of NMDFC mainly focuses on poor minority women
aiming their empowerment by way of meeting their credit needs in an informal
manner.
COMMISSION FOR THE PROTECTION OF
MINORITIES
Every commission established by
Indian government at national and state level has a pivotal role in protection
of the rights of minorities.
·
National
Commission for Minorities (NCM): which was established by the National
Commission for Minorities Act, 1992 to protect the existence of minorities all
over India. The Commission evaluated the progress of minorities, monitored the
safeguards h that have provided to them in the Constitution and addressed the
complaints of discrimination against them.
·
National
Commission for Human Rights (NHRC): which was established by the Government
through the Act of Parliament known as the Protection of Human Rights Act, 1993[15]
·
National
Minorities Development and Finance Corporation (NMDFC): it is also a statutory
body which was established on 30 September 1994 by the recommendations of the
National Commission for Minorities[16].
·
The
Commission for Minority Educational Institutions: it another type of commission
set up under the National Commission for Minority Educational Institutions Act,
2004
COMMITTEES FOR THE PROTECTION OF
MINORITIES
Indian government had established
committees for the protection of the rights of minorities.
·
The
Sachar Committee: A Prime Minister’s High-Level Committee which was formed in
2005 to assess the social, economic and educational status of Muslims in India.
Because the lack of reliable information on this issue. in the end of 2006, it
published a detailed report on highlighting the poor socio-economic status of
the Indian Muslims.
·
Ranganath
Mishra commission: The Justice Ranganath Mishra Commission was appointed by the
Centre Government of India in October 2004 to study various aspects of
religious and linguistic minorities.
·
In
order to monitoring credit flow to the minorities the government of India
established a national level Coordination Committee consisting of
representatives of all the nationalized banks and other financial institutions
to work under the Reserve Bank India
PROTECTION AND SAFEGUARD TO THE
MINORITIES AT INTERNATIONAL LEVEL
Democracy is a government of the
people ruled by them. Democracies know about the importance of protecting the
rights, cultural identities, social practices, and religious practices of all
individuals [17].
The San Francisco Conference and the
UDHR, gave importance to the protection of minority rights. It also seen in the Sub-Commission on the
Prevention of Discrimination and Protection of Minorities. The UN General
Assembly and the Human Rights Council has a crucial role in protecting and
safeguarding the human rights.
The 1815 Congress of Vienna, which dismantled
the Napoleonic Empire, had considered the minority rights and 1878 Treaty of
Berlin, also recognized the special rights for the religious community.
Article 18 of The Universal
Declaration of Human Rights provides: Everyone has the right to freedom of
thought, conscience and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community with others and
in public or private, to manifest his religion or belief in teaching, practice,
worship and observance.
Article 1(1) of the Minorities
Declaration, which affirms that ‘States shall protect the existence and the
national or ethnic, cultural, religious and linguistic identity of minorities
within their respective territories, and shall encourage conditions for the
promotion of that identity
Article 26(1) of the Universal
Declaration of Human Rights (UDHR) says that Everyone has the right to
education. Education shall be free, at least is the elementary and fundamental
stages. Elementary education shall be compulsory. Technical and professional
education shall be made generally available and higher education shall be
equally accessible to all on the basic of merit.
Article 27 of the International
Convention on Civil and Political Rights (ICCPR) exemplifies the conception of
group rights, guaranteeing "ethnic, religious, or linguistic minorities
... the right to enjoy their culture, to profess and practice their own
religion, or to use their own language[18]
Article 2(1) UNDM states: ‘Persons
belonging to national or ethnic, religious and linguistic minorities have the
right to enjoy their own culture, to profess and practise their own religion,
and to use their own language, in private and in public, freely and without
interference or any form of discrimination.
As a result of the UN Charter, the
Universal Declaration of Human Rights, the Vienna Declaration on Human Rights,
as well as other UN instruments, and all 191 Member States of the UN are ready
to respect fundamental human rights as part of the general international law.
So the purpose of all these
international instruments is to protect minorities against to the state. Every
Minorities and their need to protect and promote their rights were considered
under the League of Nations even though the rights of minorities were not
incorporated into the Covenant of the League of Nations itself.
MAJOR INTERNATIONAL TREATIES
Today there are over 100 multilateral
and bilateral treaties on the protection of human rights.
such as
·
The
International Covenant on Civil and Political Rights 1966 (ICCPR)
·
The
International Covenant on Social, Economic and Cultural Rights 1966 (ICSECR),
·
The Convention on Elimination of
Discrimination Against Women 1967 (CEDAW)
·
The
Convention on the Rights of the Child 1989 (CRC)
·
The
International Convention for the Protection of All Persons from Enforced
Disappearance. it was adopted in December 2006 and entered into force in
December 2010
·
Convention
on the Rights of Persons with Disabilities
·
International
Convention on the Protection of the Rights of All Migrant Workers and Members
of Their Families entered into force in 2003
·
The International Convention on the
Elimination of All Forms of Discrimination (1965) .it was the second
international treaty on human rights adopted by the UN
·
The
Committee on the Elimination of Racial Discrimination (CERD) that monitors The
International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD)
·
The
UN Charter bodies include the Human Rights Council (HRC)
·
The
General Assembly Declaration on the Elimination of All Forms of Intolerance and
of Discrimination Based on Religion or Belief
UNITED NATIONS MINORITY PROTECTION
MECHANISUMS
The High Commissioner for Human
Rights has the responsibility for implementing the United Nations human rights
programmes. In order to examine the complaints and investigate human rights
violations, UN established different mechanisms such as
·
The
Human Rights Council’s confidential Complaint Procedure in 2007,
·
The
United Nations Educational, Scientific and Cultural Organization (UNESCO),
·
The
Indigenous Peoples and Minorities Section (IPMS). It works at both
international and national levels to improve human rights protection of
minorities.
·
International Labour Organization (ILO) etc.
UNITED NATION MINORITY PROTECTION
PROGRAMMES
United nation promotes a no of
protection programmes for the minorities.
·
IPMS
organizes an annual Minorities Fellowship Programme: which provides human
rights training for minority representatives to increase their knowledge of the
UN system, instruments and mechanisms
·
Minorities
in development programmes such as UNICEF. The United Nations Children’s Fund
(UNICEF) it works to secure the rights of minority children and women through development
programmes like basic education
·
HIV/AIDS;
providing awareness class for the protection of minorities from the disease
like HIV/AIDs and improving its treatments.
·
Developing
the complaints procedures through the International Labour Organization (ILO)
·
Setting
the Poverty reduction and achievement of the Millennium Development Goals
·
The
United Nations Voluntary Trust Fund on Contemporary Forms of Slavery
·
Providing
Community-led Training
·
Promoting
Environment and energy for sustainable development
RECOMMENDATION TO THE GOVERNMENT FOR
THE PROTECTION OF THE RIGHTS OF MINORITY
In order to protect the rights of
minorities there should be considered some of the recommendation also. They are
following:
·
Increase
training opportunities on human rights and religious freedom standards and
practices among the society
·
Ensuring
the adequate representation of minorities in the employment sector
·
Give
compensation to the victims of communal riots
·
Give
special consideration in Recruitment of Police and other government services
·
Increase
educational facilities and technical skills for the minorities
·
Improve
socio-economic condition through specifically focused programmes.
·
prevention
and adequate checking of the communal riots
·
Established
Special Courts for handling cases of communal riots
·
Reform
the anti-conversion laws
·
Repeal
the anti-democratic, anti-Constitutional and anti-conversion laws
·
Bring
a mechanism to punish police officers who falsely frame
innocent people in terror cases
·
Ban
private vigilante groups for cow protection, love jihad and such operations
then prosecute them for their criminal acts
·
Take
actions against all those who take part in violence and give them maximum
punishment
·
provide
a provision of personal status laws as per religious beliefs and practices of
Sikh, Buddhist, and Jain communities, from the personal law statute of Hindu
·
Identify
and ban the ultranationalist Hindu groups detailing their criminal activities
such as communal violence, arson, rapes and murders
·
Ensure
awareness programmes about minority rights in Indian constitution as well as
international level
·
Provide
them more job opportunities in public sector
CONCLUSION
In Indian Constitution there are
various provisions that safeguard their rights and privileges. there are many
ways through the minority’s rights can be safeguards. These includes the
protection in the preamble, Fundamental Rights, Directive Principles of State
Policy and various other articles and provisions. Indian Constitution has
crucial role and is important source of guaranteeing the rights and privileges
of the minorities in India. the specific minority rights provide them
opportunity to maintain their identity and cultural practices. Apart from
constitutional provisions government has also implemented other policies and
programmes for the protection of minorities. These include constitution of
National Commission for Minorities and National Minorities Development and
Finance Corporation. On other hand there are a no of international laws and
instruments. It helps them aware about the right. Even though Minorities face
problems, particularly of protection of life and property during communal
riots.
REFERENCE
BOOKS
·
M
p Jain, Indian constitutional law, lexis Nexis publication, eight edition, reprinted
2022
·
Tahir
Mahmood, Minorities commission 1978-2015 minor role in major affairs, lexis
Nexis publication, second enlarged edition, 2016
·
Dr.
U. Chandra, Human Rights, Allahabad law agency publication, 7th Edition. 2019,
·
Heewon
Kim, The Struggle for Equality: India’s Muslims and Rethinking the UPA
Experience, Cambridge University Press, 2019.
·
K C Joshi, International Law
and Human Rights, Eastern Book Company, fourth edition 2019
·
D D Basu, Shorter constitution of India,
lexis Nexis, 16th edition, 2020 volume 1
WEBSITES
[1]
Censes of India, 2011
[8] Jawahar Lal Nehru, Young India, May 15,1930.
[9] People form for UPR
[10] USCIRF, Annual Report 2018
[14] T.MA. Foundation and Others vs. the State of
Karnataka, CMC Vellore v. UOI (2014) 2 SCC, e D.A.V. College vs. State of
Punjab AIR 1971 SC 1731), P.A Inamdar v. State of Maharashtra (2005) 6 SCC 537
[17] UN Human Rights Committee 1994
[18] . International Covenant on Civil
and Political Rights