JAMIA MILLIA ISLAMIA

Jamia Nagar, New Delhi - 110025

FACULTY OF LAW

Submission of Assignment
Name : SAIF ALI
Enrollment No. : JMI0183334
Program Name : L.L.M
Course Title : Comparative Jurisprudence
Semester : 2nd Sem. 2018-19

Assignment topic-
" EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA"

Signature of the Student: ……………………………………

Course Teacher : Mr. Parag Chahal

Signature of Teacher:
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

CHAPTER I:

INTRODUCTION:
India is among the most diverse societies in the world. It has people from all the major religions
in the world—Hindus, Muslims, Christians, Sikhs, Buddhists, Jains and Zoroastrians (Parsis).
Even though Hindus constitute about 82 per cent of the population, there are more than 149
million Muslims in the country, making it the second-largest population of Muslims in the world.
Religious diversity is coupled with enormous linguistic and cultural diversity. The 1991 census
showed that 114 languages were spoken by 10,000 or more people in the country; of these, 22
were spoken by more than one million people. The state lists 630 communities as Scheduled
Tribes, and some of the identified communities, such as Kukis, are themselves internally
heterogeneous, comprising several different tribes. There is therefore religious and cultural
diversity of enormous dimensions in the country. When India gained independence in 1947, the
political leadership and the framers of the constitution took note of this diversity, and they
deliberated on a framework that would provide for a unified but culturally diverse nation state.

Pursuing Equality in a Diverse Society:

In Europe, democracies evolved against the backdrop of considerable cultural homogeneity. The
classical liberal wisdom also advocated indifference to social and cultural identities. It suggested
that the law should not take note of the identity of a person; instead all individuals as citizens
must be treated alike. Identical treatment, or equality before the law, was regarded as the sine
qua non of a liberal democracy that signaled the absence of discrimination on grounds of
religion, race or gender. This was the liberal model before the Indian leadership, and it received
serious consideration. However, in a situation where social and cultural identities had been
mobilized, there were several imponderables. Some communities had received separate
representation under British colonial rule; moreover, colonial rule ended with the partition of the
country and the creation of a separate homeland for the Muslim community. Even though a
significant number of this community chose to stay back in India, there were several anxieties
about the future of the Muslims in a Hindu-dominated society.

Independent India had to address these anxieties and its leadership was called upon to make good
its promise to ensure equality for all communities. There was also the issue of lower castes—
communities that were excluded from the rest of the society and denied access to social and
economic goods in society. Faced with this complex reality, the political leadership was
confronted with the need to innovate and boldly rethink some of the received truths of liberalism.

What was distinctive in the approach that India adopted at this time was that it linked equality for
the individual with equality for diverse communities. It began with the understanding that
equality for individuals required that different communities within the polity should exist as

2|Page
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

equals. The presence of diverse communities was thus acknowledged. Indeed, the existing
cultural diversity was deeply valued. It was felt that respect for the individual require respect for
the diverse beliefs and ways of life that these persons embody. Besides, the individual could not
possibly exist as an equal if the community to which he or she belongs were disadvantaged or
marginalized in the public domain. It was therefore argued that, while the principle of equality
before the law was extremely important, it was not enough. If equality was to be actualized in
practice, then members of minority communities should have the liberty to lead a life in
accordance with their cultural practices. In concrete terms this meant that minority religious
communities needed religious liberty and protection against the threat of cultural
homogenization.

Similarly, different linguistic communities needed opportunities to promote their culture and
identity; and the lower castes had to be assured access to social and public goods. Over the years
this orientation has been suitably encapsulated in the slogan Unity in Diversity. Unity in
Diversity articulates the sentiment that India can be a strong and unified country while
simultaneously affirming its cultural diversity. Cultural homogeneity is not, in other words, seen
as a necessary condition for forging a political identity as a nation state. The commitment to this
norm has been put to test at various moments in the country’s history, and the experience of the
past years has highlighted the complexities involved in keeping this pledge. The route India
embarked upon at the time of independence has been a difficult and arduous journey, but it
seems to have been a step in the right direction. In the challenges that have confronted the Indian
state, what stands out is that the willingness to experiment with different ways of
accommodating diversity has enabled the country to remain a strong and unified whole. Most
political analysts had predicted the fragmentation of India. If they have been proved wrong it is
primarily because the existing frame work of democracy makes room for diversities of various
kinds—religious, linguistic and ethnic—in many different ways.

Constitutional Provisions Relating to Minority Rights:

It is praiseworthy that our Constitution of India has afforded protection to the minorities in the
country. The framers of the Constitution were quite conscious of the importance of these
provisions. They very well understood that, in pluralistic society rights of minorities and weaker
sections need to be safeguarded. The іdea of gіvіng some specіal rіght to the mіnorіtіes іs not to
treat them as prіvіleged sectіon of the population but to give to the mіnorіtіes a sense of securіty.
Specіal rіghts for mіnorіtіes were desіgned not to create іn equalіtіes but to brіng about equalіty
by ensurіng the preservatіon of the mіnorіty іnstіtutіons and by guaranteeіng autonomy іn the
matter of admіnіstratіon of these іnstіtutіons. In Indіa, the safeguards for mіnorіtіes under the
constіtutіon of Indіa are іn the form of fundamental rіghts.1

1
Available at: http://www.eurac.edu/Press/Publications/Monographs/0059701.htm (Accessed on 6th of april,
2019 at 2.00 PM).

3|Page
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

Fіrstly the Constіtutіon no where dіscrіmіnates among the cіtіzens of Indіa on the grounds of
relіgіon, race, caste, etc and secondly, the rіghts conferred under Artіcles 25 to 30 are
fundamental rіghts. The State іs duty bound to protect the fundamental rіghts. If fundamental
rights are infringed the remedy lies under Articles 32 and 226. A person can directly approach
the Supreme Court or the High Court in case of violation of fundamental rights. So the true spirit
and intention of the Constitution is to provide a very formal and water tight arrangement for
safeguarding the interest of minorities.2

There are some Articles in the Constitution of India that exclusively safeguards minority’s rights,
whereas, there are certain Articles though not specifically meant for minorities but they
strengthen minorities’ rights. Hereunder the safeguards of minority rights are discussed.

Article 14: Equality before law- The State shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India. The concept of equality, guaranteed
in Article 14, as enshrined has made every one equal before the law. The fundamental rights are
guaranteed to minority and majority as well. According to Article 14 of the Constitution, all
persons shall be equally subjected to the law and that among equals; law shall be equal and shall
be equally administered. Thus minorities cannot be put to any legal disability vis-a-vis the
majority. Articles 15 and 16 prohibit discrimination only on certain grounds. Both these Articles
are guarantee against discrimination of any kind and it can be asserted that no member of a
minority community will be handicapped simply because he belongs to any particular minority
group.3 Thus, other things being equal, minorities have every right in India to be appointed to
any public office, however high; they have a common citizenship and these rights along with
their cultural and educational rights will go long way in safeguarding the interests of minorities.

CONSTITUENT ASSEMBLY ON MINORITY RIGHTS

Avowed to set up socio-economic and political set up which was conducive for the peaceful co-
existence of diverse identities and communities of the country, the framers of Indian constitution
was cautious to draft a constitution for the country that quench the thirst for national unity while
accommodating the individual aspirations and demands of individual communities. After a lot of
debates and discussions, the constituent assemble finally adopted a constitution which did not
offer any special political right to any religious minority, except Anglo-Indians.4

Keeping up the neutrality and impartiality of the state in religious affairs, the country was
declared secular5 Equality of opportunity and equality before law has been extended to every
citizens of the country as per the provisions of the Indian constitution.6

2
Ahemdabad St. Xavier's College v. State of Guajrat, AIR 1974 SC 1389.
3
.M.A Pai Foundation v. State of Karnataka, AIR 1994 SC 13.
4
Article 331 and 333 of the Indian Constitution gives special political representation for Anglo Indian communities.
5
Constitution (Forty- Second Amendment) Act, 1976.

4|Page
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

Indeed the Constitution of India does not offer any distinct and exclusive rights to minorities
barring some rights concerning their language, culture and education.7 This does not mean that
the Constituent Assembly and Constitution of India were blindfolded to the upliftment process of
the socially backward and historically discriminated and deprived sections of the society. It has
incorporated various provisions and amendments for amelioration of the weaker sections of
society.8 An inspection of minority rights as detailed in the Constitution divulges that the
minorities descend their rights predominantly from four sources:

The Preamble of the ‘Indian Constitution’:

The preamble of the Indian Constitution begins as, “WE, THE PEOPLE OF INDIA, having
solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR
DEMOCRATIC REPUBLIC....”9 The preamble has authoritatively declare that India is a secular
county. When the Constitution of India was passed in 1950, the word secular was not there in the
preamble. It was through the 42nd amendment of the Indian Constitution, in 1976, the term
secular was inculcated in the preamble. This does not mean that before its addition, the
constitutional framers did not want India to be secular. It is just that in 42nd amendment,
secularism was more explicitly proclaimed. Earlier, the secular characteristics of the country was
pronounced implicitly through the Articles from 25 to 28, dealing with right to freedom of
religion. The constitution of India personifies the positive aspect of the term secularism, ie, “all
religions in our country (irrespective of their strength) have the same status and support from the
state.”10 This also means that no religion will be treated as national or state religion and no
special privileges will be given to a particular religion. Every religion will have equal stature and
respect in front of Indian state. In this regard Neera Chandhoke rightly observed: “It is not
surprising that secularism in the Indian polity as a response to our conditions and mode of
thought came to be conceptualized as Sarva Dharma Sambhava or equality of all religions.”11

Part III of the Indian Constitution:

Part III of the Indian Constitution contains the cardinal part of Indian constitution. It is in this
part, from article 12-35, Fundamental Rights are enshrined. In this matter, it was the Constitution
of USA which gave inspiration to the constitutional framers to create detailed and justiciable
fundamental rights. 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

6
Article 14-18 of the Indian Constitution .
7
Articles 29 and 30 of the Indian Constitution.
8
Articles 15 (4) (5) and 16 (4) provides special provisions like reservation for weaker sections.
9
Preamble, Indian Constitution.
10
Rakesh Dwivedi, G.S in 60 Days (New Delhi: Tata McGraw-Hill Education, 2010), p.3.8
11
Neera Chandhoke, Beyond Secularism, The Rights of Religious Minorities (New Delhi: Oxford University Press,
1999), p.42.

5|Page
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

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, they are called as fundamental rights. Since
these rights are equal to everyone, minorities too have the coverage of it.

In this context following are the fundamental rights that ensure security and safeguard the rights
and privileges of minorities of the country. Article 14 of the Indian Constitution articulates that,
“The State shall not deny to any person 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 will be have
equal access and protection of law. No one will be seen a bit higher than the other in legal
jurisprudence.

Nevertheless Article 15(4) reads, “Nothing in this Article or in clause (2) of Article 29 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. In the Gopal Singh
Committee Report and the Sachar Committee Report the educational and economic
backwardness of the Muslims were underpinned. Various states in India like Kerala, Tamil Nadu
etc extends the benefits and coverage of reservation to Muslims as well, who belongs to the
minority section of Indian society.

Article 19 of the Indian Constitution expresses 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. They are the linchpin for
one’s over all development and peaceful and fruitful existence in a human society. For the
advancement and progress of minorities, these freedoms of expression, assembly, union,
movement, profession, settlement etc are quintessential. If these freedoms are not
constitutionally ensured, the minority rights have the chances of getting suppressed by the
majority sections of the society. Article 25 of the Indian Constitution voices that, “Subject to
public order, morality and health and to the other provisions of this Part, all persons are equally

6|Page
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

entitled to freedom of conscience and the right freely to profess, practice and propagate
religion.”This right gives the freedom to an individual to follow, practice and spread religion of
individual choice. State cannot impose or curb any particular religious convention or tradition.
This gives a kind of immunity to minorities from the attacks of majority religions of the country.

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 establish and maintain institutions for religious and charitable purposes;

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 protects and guarantee the collective rights of a religion. This will give a safety and
protection to the communal rights and privileges of minority religions. Article 27 of the Indian
Constitution utters 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 ensures that state is not spending the public
money for the welfare and upliftment of a particular religion at the cost of many including
minority religions.

When a government is formed who is having affiliation to majority religion, chances of minority
religions, beings secluded and sidelined are higher. But the provisions of article 27 is a block to
this kind of biased tendencies. Article 28 of the Indian Constitution tells 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 attempt of
the majority religious educational institution to compulsorily follow their religious instructions.

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 article which explicitly and exclusively deals about the minorities of the
country. These articles provide a helping hand for the minorities to defend and safeguard their
distinct language, culture and script. Article 30 of the Indian Constitution states that, “(1) All
minorities, whether based on religion or language, shall have the right to establish and administer
educational institutions of their choice.

7|Page
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

(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.”

This article gives the right to the minorities to start and manage educational institution and
prevent state from showing discrimination while granting aid to educational institution.

Directive Principles of State Policy’:

‘Directive Principles of State Policy’ are those directives and reminders that a state of India
should keep in mind while legislating laws, framing policies and executing the same. Articles 36
to 51, deals with the ‘Directive Principles of State policy’. Along with ‘Fundamental Rights’,
‘Directive Principles of State Policy’ formulate the heart and soul of Indian political system and
public administration. In this regard Granville Austin has termed, “the Directive Principles and
the Fundamental Rights as the Conscience of the Constitution.”

Directly or indirectly, Directive Principles of State Policy do have articles and provisions that act
as a safety measure for the rights of minorities in India. Some of them are following:

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.” Here by reminding state to ensure
various dimensions of justice, the rights of minorities are also being secured.

Article 39 asks state to ensure free legal assistance and equal justice of various dimensions.
This will give a warranted support 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.

Keeping this in mind, government has introduced many policies like reservation, scholarships,
loans, skill development trainings etc for the weaker sections of the society including the
minorities.

Article 49 cautions “state to protect the monuments and places and objects of national
importance.”This will help to shield and preserve the historical monuments of the minorities in
the country from the risks of spoliation, defacement, demolition, deletion, discarding or export.

Article 51 demands state to adhere and follow to international treaties and laws. Many of these
treaties at international level, including that of UN, pinpoint towards an inclusive, socially just
and equal society by respecting individual liberty.

8|Page
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

CHAPTER II:

Miscellaneous Articles in Indian Constitution:

Apart from the aforesaid provisions and safeguards provided in the Preamble, Fundamental
Rights and Directive Principles of State Policy, there are some other articles scattered in the
Indian Constitution which openly or silently speak about the rights and privileges of minorities in
India. Some of them are as follows:

Article 347 talks about special provision of giving power to the President to officially
recongnised a language, which is being spoken by the substantial population. This can act as a
defense for the languages of minority people.

Articles 331, 333, 334, 336 and 337have the special provisions of “guaranteeing representation
of Anglo-Indians in Union and State legislatures through nominations if needed, special
provision for the community in certain services, and special provision with respect to educational
grants for their benefit.”

Article 350(B) has the provision of appointing a ‘Special Officer for linguistic minorities’ by
the President “whose duty shall be investigate all matters relating to the safeguards provided for
linguistic minorities under this Constitution and report to the President upon those matters.”

Right to Freedom of Religion:

Article 25 reads – Freedom of conscience and free profession, practice and propagation of
religion-

 Subject to public order, morality, and health and to other provisions of this Part, all
persons are equally entitled to freedom of conscience and the right freely to profess,
practice and propagate religion.

 Nothing in this Article shall affect the operation of any existing law or prevent the State
from making any law –

o regulating or restricting any economic, financial, political or other secular activity

which may be associated with religious practice;

o providing for social welfare and reform or the throwing open of Hindu religious
institutions of a public character to all classes and sections of Hindus.

This Article provides every person the right to the freedom of conscience and the right freely to
profess, practice and propagate religion. Freedom of conscience connotes a person’s right to
entertain beliefs and doctrines concerning matters, which are regarded by him to be conducive to

9|Page
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

his spiritual well-being.12 The right is not only to entertain such religious beliefs as may be
approved by his judgment or conscience but also to exhibit his sentiments in overt acts as are
enjoined by his religion. To profess a religion means the right to declare freely and openly one’s
faith.13

A person may propagate freely his religious views for the edification of others. It is immaterial
whether the propagation is made by a person in his individual capacity or on behalf of a church
or institution.14 The right to religion includes the right to seek a declaration that the Church is
episcopal.15

Freedom to manage religious affairs:

Article 26 reads – Subject to public order, morality and health, every religious denomination or
any section thereof shall have the right-

1. to establish and maintain institutions for religious and charitable purposes;

2. to manage its own affairs in matters of religion;

3. to own and acquire movable and immovable property; and

4. to administer such property in accordance with law.

Article 26(a) as the basis for an educational right, the Supreme Court in Brahmachari
Siddeshwar16, ruled that religious denominations could establish institutions for charitable
purpose subject to limitations prescribed under Article 26(1). But it did not decide whether it
provided protection to educational institutions established and maintained by religious
denomination for general education. The TMA Pai Foundation judgment made a significant
contribution in this sphere by holding, “The right to establish and maintain educational
institutions may also be sourced to Article 26(a), which grants, in positive terms, the right to
every religious denomination of any section thereof to establish and maintain institutions for
religious and charitable purposes, subject to public order, morality, and health. Education is
recognized as the head of charity. Therefore, religious denominations or sections thereof, which
do not fall within the special categories carved out in Article 29(1) and 30(1), have the right to
establish and maintain religious and educational institutions”.17 This enables the religious
denominations of majority religious community also to set up any educational institution.

12
Ratilal Panachand Gandhi v. State of Bombay, AIR 1954 SC 388: 1954 SCR 1055.
13
Punjabrao v. D.P. Meshram, AIR 1965 SC 1179: (1965) 1 SCR 849.
14
Supra 15.
15
P.M.A. Metropolitan v. Moran Mar Marhaoma, 1995 supp (4) SCC 286: AIR 1995 SC 2001.
16
Brahmachari Siddeshwar v. State of West Bengal, AIR 1994 SC 13: (1993) 4 SCC 286.
17
2002 (8) SCALE 1 p. 17 (para 26).

10 | P a g e
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

Freedom as to payment of taxes for promotion of any particular religion:

Article 27 reads – 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.

In Suresh Chandra Chiman Lal Shah v. Union of India18, the court held that commemoration of
distinguished persons, who had contributed to India’s cultural heritage, was done with a view to
focusing attention on their ideals, to kindle in our younger generation an awareness of our
heritage and to promote international understanding, and that the celebrations involved no
religious rites or ceremonies hence no infringement of Article 27. Also in the case of K.
Reghunath v.State19, expenditure from the State fund for the reconstruction, among others, of the
religious and educational places damaged during communal riots was upheld notwithstanding the
fact that the damaged places belonged to any one religion. Acquisition of land for construction of
a temple has also been upheld.20

Cultural and Educational Rights:

Article 29 reads – Protection of interests of minorities-

 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.

 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 reads – Right of minorities to establish and administer educational institutions-

 All minorities, whether based on religion or language, shall have the right to set up and
administer educational institutions of their choice.

 In making any law providing for the 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.21

18
AIR 1975 Del 168. See also, Bira Kishore Mohanty v. State of Orissa, AIR 1975 Ori 8
19
AIR 1974 Ker 48
20
Papanna v. State of Karnataka, AIR 1983 Kant 94.
21
Ins. by the Constitution (Forty-fourth Amendment) Act, 1978, s. 4 (w.e.f. 20-6-1979).

11 | P a g e
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

 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.

The right of any section of citizens, under Article 29(1) having distinct language, script or
culture of their own to conserve the same entitles them to establish and maintain an educational
institution for this purpose. The right of religious and linguistic minorities to establish and
administer educational institutions of their choice under Article 30(1) also provides a basis and
opportunity for education. Although TMA Pai Foundation has expanded the scope for
establishing educational institutions especially by liberal interpretation of Articles 19(1)(g) and
26(a), groups of people neither belonging to religious denomination nor to an occupation of
teachers nor even coming under Articles 29 and 30 seem to be left out.

Facilities for instruction in mother-tongue at primary stage22:

Article 350A reads – It shall be the endeavour of every State and of every local authority within
the State to provide adequate facilities for instruction in the mother-tongue at the primary stage
of education to children belonging to linguistic minority groups; and the President may issue
such directions to any State as he considers necessary or proper for securing the provision of
such facilities.

The learning and communicative processes involved in the conservation of culture, language,
and script are animated by the constitutional policy of mother tongue instruction contemplated in
Article 350A. According to Article 350A, “It shall be endeavour of every State and of every
local authority within the State to provide adequate facilities for instruction in the mother-tongue
at the primary stage of education to children belonging to linguistic minority groups, and the
President may issue such direction to any State as he considers necessary or proper for securing
the provision of such facilities.”

Although Article 350A is a special directive to the State, its function of strengthening the rights
under Article 29(1) suggests receiving instruction in the mother-tongue at the primary stage of
education. As observed by MOHAN, J. in English Medium Students Parents Association v. State
of Karnataka, 23“ where the tender minds of children are subject to an alien medium the learning
process becomes unnatural. It inflicts a cruel strain on the children which makes the entire
transaction mechanical. The basic knowledge can be gathered through the mother tongue. The
introduction of a foreign language tends to threaten to atrophy the development of mother
tongue.”

22
Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 21.
23
1993 (4) SCALE 627 at 633.

12 | P a g e
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

Special Officer for linguistic minorities24:

Article 350B reads –

 There shall be a Special Officer for linguistic minorities to be appointed by the President.

 It shall be the duty of the Special Officer to investigate all matters relating to the
safeguards provided for linguistic minorities under the Constitution and report to the
President upon these issues at such intervals as the President may direct, and the
President shall cause all such reports to be laid before each House of Parliament, and sent
to the Governments of the States concerned.

Right to education:
It is universally accepted that education empowers the people for the full development of human
personality, strengthens the respect of human rights, and helps to overcome exploitations and the
traditional inequalities of caste, class, and gender. Learning liberates from ignorance,
superstition, and prejudice that blind the vision of truth.25According to Dr S. Radhakrishnan, the
process of education is the slow conquering of the darkness of faults in our inward being. “To
lead us from darkness to light, to be free us from every kind of domination except that of reason,
is the aim of education”.26 It is a preparation for living in a better way in future with an ability to
participate successfully in the modern economy and society.27 As viewed by B.N. KIRPAL, J. it
is the single most powerful tool for the upliftment and progress of the society. 28 Education is
empowerment for socio-economic mobility, an instrument for reducing socio-economic
inequalities, and an equipment to trigger growth and development. The linkage of the right to
educational to the right to dignified life, equality, freedom and cultural and minority right has
made it highly intricate and the extent of regulations relating to it from different perspectives,
quite complex.

The right to education has a relation of mutual assistance with other positive rights of life and
with various liberties. As viewed by B.N. KIRPAL, CJI. In TMA Pai Foundation Case, “India is
a land of a diversity of different castes, communities, languages, religions and culture. Although
these people enjoy complete political freedom, a vast part of the multitude is illiterate and lives
below the poverty line. The single most powerful tool for the upliftment and progress of such
diverse communities is education.”29

24
Ins. by the Constitution (Seventh Amendment) Act, 1956, s. 21.
25
Citing from Sanskrit text, per MOHAN, J. in J.P. Unnikrishnan v. State of AP AIR 1993 SC 2178.
26
Report of the University Education Commission 1948 cited in TMA Pai Foundation v. State of Karnataka (2002) 4
LR 1; 2002(8) SCALE 1; AIR 2003 SC 355.
27
Brown v. Board of Education, 98 L Ed US 347 (1954); 98 L Ed 873; 347 US 483 (1954).
28
TMA Pai Foundation v. State of Karnataka, (2002) 4 LR 1; 2002(8) SCALE 1 at 2.
29
2002 (8) SCALE 12 (para 1).

13 | P a g e
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

Conservation of Distinct Language and Culture:

Conservation of language and culture is a complex and continuous process of manifestation and
transmission of cultural traits and nurturing of creative abilities. As stated by K.T. Shah in the
Constituent Assembly, “whether we think of the arts, the learning, the sciences, the religion or
philosophy, culture includes them all, and much else besides. As such, it is progressive and
should be regarded as being capable of constant growth as any living organism”.30 Culture, as a
sense of ultimate value possessed by a particular society, and expressed in its collective
institutions, endeavours and dispositions, designates a way of life, and deeply influences human
behaviour.31 Eminent thinkers and writers have regarded attainment of perfection in, or through
culture as a desirable social practice.32Irrespective of the controversial questions, whether it is
the state or the concerned cultural community that should monitor the process and direction of
refinement, or what shall be the parameters for such reforms, the immense help that the
expressional and other freedoms render towards enlightened cultural reforms or at least
avoidance of cultural fault lines is significant.33 Unlike conservation of material resources, which
relies on strategies of non-user and lesser user, conservation of language and religion is done by
more and more application. Since the life of thought is very much inherent in the life of language
symbols of that thought, language serves as a cultural grid to receive and respond to human
experiences.34 Its essence is communication. Therefore, the assistance that Article 29(1) right
gathers from freedom of speech, expression, assembly, association, religion and the right to
establish and administer educational institutions of their choice is greatly wide and significant. It
is because of such relations that in countries like America where cultural and language rights are
not constitutionally enumerated, invoking of due process clause or of First Amendment is
resorted to.35 Sometimes equal protection clause is also rewardfully employed.36

30
Report of the University Education Commission 1948 cited in TMA Pai Foundation v. State of Karnataka (2002) 4
LR 1; 2002(8) SCALE 1; AIR 2003 SC 355.
31
Brown v. Board of Education, 98 L Ed US 347 (1954); 98 L Ed 873; 347 US 483 (1954).
32
Matthew Arnold, Culture, and Anarchy, (ed), p. 9; M.K. Gandhi, Harijan 5-12-1936; Hindu Dharma, p. 30.
33
Veena Das, Cultural Rights and the Definition of Community in Oliver Mendesohn and Upendra Baxi (ed.), The
Rights of Subordinated Peoples pp. 339-40.
34
Reek Dickerson, The Fundamentals of Legal Drafting, (Boston: Little, Brown & o. 1965), pp. 10-11.
35
Meyer v. Nebraska, 262 US 390; 67 L Ed 1042 (1923); Pierce v. Society of Sisters, 268 US 510; 69 L Ed 1070 (1925).
36
Lau v. Nichols, 414 US 563; 39 L Ed 2d 1 (1974).

14 | P a g e
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

CONCLUSION:
Though minorities are those whose are numerically less based on their language and culture, it is
evident from the above arguments that the Indian Constitution provides certain rights to the
minorities residing in several parts of Indian territories. The Constitution of India has not defined
the term ‘minority’, but had provided them with all the opportunities needed for their survival in
the form of fundamental rights. Since India is a secular country, it is important to maintain the
integrity of nation by maintaining a status of equality as because of its rich cultural values and
tolerance. Besides this, there are also certain fundamental duties under Article 51A given in Part
IV-A of the Constitution of India for every citizen.

The main focus of the law is to create confidence in the mind of such minorities that they are
protected by the law of the Constitution and also they are treated equally on par with the majority
so that there would be no any kind of discrimination among the citizens.

15 | P a g e
 EQUALITY WITHRESPECT TO MINORITY RIGHTS IN INDIA 2019

BIBLIOGRAPHY
Books referred.

 Prof. M.P Jain, Indian Constitutional Law, Wadhwa Publisher Nagpur, 5th edition reprint
2006.
 Dr. J.N. Pandey, Constitutional Law of India, Central Law Agency, 43rd edition 2006.
 P.M. Bakshi, The Constitution Law of India, Universal Law Publishing Company, 8th
edition.

Websites

 http://www.eurac.edu/Press/Publications/Monographs/0059701.htm
 http://www.sabrang.com/cc/archive/2005/sep05/edu3.html
 http://www.hinduonnet.com/2002/12/17/stories/2002121700891000.htm
 http://pd.cpim.org/2004/1226/12262004_ragesh.htm

16 | P a g e