NATIONAL LAW INSTITUTE UNIVERSITY, BHOPAL

DISSERTATION PRESENTATION ON:-

RIGHTS OF CULTURAL AND LINGUISTIC MINORITIES: A CONSTITUTIONAL

PERSPECTIVE

Dibyanshu Singh Under the Guidance of:

2023LLM31 Saubhagya Bhadkaria
B-1083 (Assistant Professor of Law)
INTRODUCTION
 India is a land of myriad ethnic, religious, caste and linguistic minorities affiliated
to distinct belief system, sub-cultures and regions.

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

 Despite the several efforts by the govt. to improve the condition of the minority,
constitutional guaranteed rights, different institutions and commissions established
to monitor, the system has lacked and minority faces discrimination, violence and
atrocities.
INTRODUCTION(CONTD.)
 What is Minority?
According to the International Encyclopedia of social sciences that contemporary
sociologist generally define a minority as a group of people - differentiated from
other in the same society by race, nationality, religion, or language- who both think
of themselves as a differentiated group and are thought of by the others as a
differentiated group with negative connotations. Thus minority group of people are
those with distinct in race, religion, language or nationality from other members of
the society in which they live.
INTRODUCTION(CONTD.)

 Why Minority rights are Important?

 They are numerically less, hence they are vulnerable. Because

majority can easily abuse minority.

 If a State can ensure minority rights it means every other person

in majority also enjoys the rights
INTRODUCTION(CONTD.)

National Instrument on Minority Rights

 Article 29, 30 ;

 Article 350A, 350B of Constitution of India

 National Commission for Minorities

LITERATURE REVIEW
BOOKS ARTICLES
M.P. Singh, VN Sukla’s Constitution of India (12th Shamim Akhtar, 'Constitutional Provisions For
edn, Eastern Book Company 2016) Minority Institutions And The Case Of Aligarh
Muslim University: The Legal Search For A
Solution Since 1965' (2014) 42(5) Social Scientist

Narender Kumar, Constitutional Law of India (9th Virendar Kumar, 'Minorities' Right To Run
edn Allahabad Law Agency 2015) Educational Institutions: "T.M.A. Pai Foundation"In
Perspective' (2006) 45(2) Journal of the Indian Law
Institute.

Dr. JN Pandey, Constitutional Law of India (59th Shailendra Mohan, ‘Minority And Majority
edn Central Law Agency 2022) Linguistic Groups In India: Issues And Problems’
(2011) 71 Bulletin of the Deccan College Post-
Graduate and Research Institute.

H.M. Seervai, Constitutional Law of India (4th edn,

Universal Law Publishing Co. Ltd. 2015)
STATEMENT OF PROBLEM

In a Democracy to maintain, it is necessary to safeguard the rights of the

Linguistic and Cultural minorities so the society thrives in a state of
equity, in absence of discriminatory practices. The Constitutional
protection is guaranteed for the Linguistic and Cultural minorities.
Despite this, instances of threat to Linguistic and Cultural minorities are
often reported. It is necessary to examine the Judicial interpretation of
these rights and measures taken by the government safeguarding them.
HYPOTHESIS

The Judicial and Governmental approach is observably

effective regarding the protection of rights concerning the
Linguistic and Cultural Minorities. Institutionalized
discrimination, lack of representation and societal exclusion
are some of the challenges still faced by the minorities in
India. Such instances have amplified Judicial Activism in cases
of infringement of Minority rights.
OBJECTIVES OF STUDY

 To understand the evolution of rights Linguistic and Cultural Minorities

in the Indian Constitution.
 To analyze the impact of judicial interpretations and govt. measures on
the rights of Cultural and Linguistic Minorities.
 To identify and analyze the challenges faced by the Cultural and
Linguistic minorities in exercising their rights.
 To suggest measures improving protection of rights of the Cultural and
Linguistic Minorities.
RESEARCH QUESTIONS

 What was the intent of Constituent Assembly with regard to rights of

the Linguistic and Cultural minorities?
 What are the provisions in the Constitution for the protection of the
Linguistic and Cultural Minorities?
 What is the Judicial and Governmental response to the Problems of
the Linguistic and Cultural Minorities?
 What are the Challenges faced by the Linguistic and Cultural
Minorities and How the rights can be better protected?
SCOPE OF STUDY
 The researcher in the present research explores the complex constitutional clauses
in the Indian Context that deals with the right of Cultural and Linguistic
Minorities in India.
 The researcher examines the evolution of these rights and how these rights have
changed over time looking closely at the important constitutional provisions and
the rulings of the Supreme Court.
 The research includes the challenges faced by the minorities in accessing quality
education, in preserving their culture and language.
 The researcher further examines the approach taken by the government in dealing
with the problem of minorities and examines the role played by the executive in
implementing the policies of the government.
 Furthermore, the researcher analysis the law set at the global standard but with
the Primary focus to India.
RESEARCH METHODOLOGY

 This research has been conducted by using the Doctrinal method by relying on
available legal authorities, principles, doctrines and judicial decisions.
 Both the primary as well as the secondary sources has been used while
conducting the research.
 The Primary sources include statutes and judicial precedents. While the
Secondary source includes reports, books, journal articles, websites/blog articles
and newspaper reports. All the concerned sources have been cited wherever it was
required.
 Further the researcher uses the Historical and Analytical research methods.
CHAPTER 2:EVOLUTION AND CONSTIUTIONAL
FRAMEWORK OF MINORITY RIGHTS IN INDIA
 Constituent Assembly
 The Objectives Resolution, introduced by Pandit Jawaharlal Nehru in the
Constituent Assembly on December 13, 1946, sparked debates on minority
rights inclusion in the Indian Constitution. It aimed to protect
underprivileged groups, tribal areas, and backward classes, reassuring
minorities about constitutional safeguards. Subsequently, committees were
formed, chaired by figures like Sardar Vallabh Bhai Patel and H.C.
Mookherjee, to address minority concerns. Discussions evolved through
three phases, ultimately affirming minorities' rights to education, culture,
language, and religious freedom, while initially considering separate
electorates and later embracing combined electorates with reserved seats.
 Constituonal safegurd
 At India's independence, drafting a Constitution amid communal tensions
was challenging. The founders demonstrated foresight by crafting a text that
respects diversity while striving for national unity. Secularism, democratic
equality, and special protections for marginalized groups like Scheduled
Castes, Scheduled Tribes, Other Backward Classes, and Minorities are key
features, reflecting the Constitution's commitment to inclusivity and social
justice, especially considering the significant minority population in
India.protection of minorities' rights indicates that these rights
 come from four sources:
 1. The principles and beliefs clearly stated in the Constitution's Preamble.
 2. The rights guaranteed by section III of the Constitution.
 3.The Part IV Directive Principles of State Policy; and
 4. Additional Constitutional provisions
Article 1 of the United Nations Charter emphasizes respect for human
rights and basic freedoms without discrimination. Article 55 commits
members to promoting universal respect for human rights and
fundamental freedoms, as outlined in the Universal Declaration of
Human Rights (UDHR). Adopted unanimously on December 10, 1948,
the UDHR enshrines principles of freedom, justice, and peace,
emphasizing equal dignity and rights for all individuals. It delineates
economic, social, cultural, civil, and political rights, including the right
to education outlined in Article 26, which emphasizes equal access and
the fostering of respect for human rights. The Human Rights
Commission, through its Subcommittee on Prevention of
Discrimination and Protection of Minorities, addresses issues affecting
minorities, defining them as groups numerically inferior, possessing
distinct characteristics, and showing solidarity in preserving their 15
culture, religion, or language.
CHAPTER 3: ROLE OF GOVERNMENT AND JUDICIARY
IN SAFEGAURDING RIGHTS OF MINORITIES
 ROLE BY GOVERNMENT
 NATIONAL COMMISSION FOR RELIGIOUS AND LINGUISTIC
MINORITIES
 In 2004, the Government of India established the National Commission for
Religious and Linguistic Minorities, also known as the Ranganath Misra
Commission. This commission was tasked with recommending criteria for
identifying socially and economically backward sections among religious and
linguistic minorities, proposing measures for their welfare including
reservation in government employment and education, and suggesting the
necessary modalities for implementing these recommendations. The
commission, headed by former Chief Justice of India Justice Ranganath
Misra, submitted its report in 2007, which included various suggestions to
improve the socioeconomic and educational status of minority populations.
While some recommendations were implemented, there was opposition from
 WELFARE SCHEMES BY GOVERNMENT
 Pradhan Mantri Virasat ka Samvardhan(PMVIKAS)

 The Ministry of Minority Affairs (MoMA) in India focuses on promoting inclusive

growth for minority populations through initiatives in education, skill development, and
employment. One such initiative is the Pradhan Mantri Virasat Ka Samvardhan (PM
VIKAS), an integrated plan that consolidates five existing MoMA schemes: Seekho aur
Kamao, USTTAD, Hamari Dharohar, Nai Roshni, and Nai Manzil. PM VIKAS aims to
enhance recipients' wages and support them through credit facilitation and market
connections. It operates as a Central sector program under the Ministry of Minority
Affairs, aligned with the 15th Finance Commission cycle term until 2025–2026.
 Bharatvani

 Bharatavani is India's pioneering information portal, uniquely combining materials,

technology, and language instruction in one platform. Its primary goal is to bridge
linguistic and digital gaps while promoting participation in the Open Knowledge
movement. By providing a multilingual site, Bharatavani aims to unite India's diverse17
population under a single platform, reaffirming the government's commitment to
advancing technology for the preservation and integration of all Indian languages. The
 NATIONAL TRANSLATION MISSION
 The National Translation Mission (NTM), an initiative of the Indian government, aims
to enhance the translation sector and promote higher education by providing access to
knowledge materials in Indian languages. Its objective is to create a knowledge society
by breaking down linguistic barriers and promoting knowledge dissemination in all
Indian languages listed in the Constitution's VIII schedule. NTM endeavors to become a
central hub for translation-related information by orienting translators, encouraging
publishers to produce translations, and maintaining databases of published translations.
By making translation a recognized sector in India, NTM anticipates modernizing
languages through the creation of new vocabulary and conversation patterns. Translators
are seen as instrumental in advancing Indian language discourse and scholarly
communication overall.

18
 ROLE OF JUDICARY
 Maintaining trust in the judiciary is crucial for minorities, as they often view impartial and independent courts as their most reliable
protectors of rights. When minorities lose faith in the courts, they may become estranged from the state and its institutions, leading
to harmful behaviors and feelings of injustice. Therefore, it is essential for the judiciary to consistently uphold its image as the
defender of constitutional rights and the rights of minorities. While the Indian court has generally been seen as an ally to minorities
under certain conditions, minorities may face harsh treatment when the court's views change. Despite this, minorities continue to
hold the court in high regard and confidence, highlighting the importance of preserving trust in the judiciary for the well-being of
minority communities.
 T. M.A. Pai Foundation and others v. State of Karnataka.

 In TMA Pai Foundation v State of Karnataka, the Supreme Court affirmed the right of private educational institutions to establish
and manage their establishments, citing Article 19(1)(g) of the Indian Constitution, which guarantees the freedom to practice any
profession or occupation. Recognizing the crucial role of private educational institutions in providing quality education and
contributing to national development, the court stressed the importance of allowing these institutions to operate with reasonable
autonomy. However, this autonomy must be balanced with regulations aimed at ensuring transparency, fairness, and accountability.
 The court highlighted the significance of autonomy in preserving academic excellence and fostering creativity and innovation within
educational institutions, cautioning against excessive governmental interference, which could hinder their growth and development.
 To strike a balance between autonomy and regulation, the court laid down guidelines:

 1. Admission Process Regulation: The state government retains authority to regulate the admission process, ensuring fairness,
transparency, and merit-based criteria.
 2. Fee Fixation: Fixation of fees is entrusted to an appropriate fee-fixation committee, with a mandate for reasonableness to prevent
profiteering.
 3. Staff Selection: The selection process for teaching and non-teaching staff should adhere to principles of fairness and merit.

 4. Institutional Administration: Institutions have the right to administer themselves, including formulating rules and regulations,
subject to reasonable regulations to maintain overall accountability and fairness.
20
CHAPTER 4:THE CHALLENGES FACED BY
LINGUISTIC AND CULTURALMINORITIES
 The Challenges faced by the Minorities:

 Legislative and Constitutional Challenges

 Social and Administrative Hurdles

 Educational and Economic Disparities

 Legal and Judicial Challenges

CASE STUDIES
 The Bodo Conflict in Assam

 The Language rights in Karnataka

 Cultural Rights of Tribal Communities in Odisha

CHAPTER 5: CONCLUSION AND SUGGESTIONS
CONCLUSION
 SUGGESTIONS
THANK YOU