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European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 05
May 2019
Available online: https://ejbss.org/ P a g e | 1376
Violation of Human Rights of Minorities
Mukesh Jakhar
Deptt. of Law, Research Scholar, M.D.University, Rohtak(HR)
Abstract: We Indians are proud to be citizens of the World’s largest as every citizen enjoys
several rights under the constitution of India. The independent India has a diverse civil society,
free media and an independent judiciary but we have not prevented our society from ill- practices, corruption, and lack of accountability that lead to numerous human rights violations.
Despite well- drafted and well- intended initiatives by the government including police reform
and improved access to health care and education, the poor implementation seems to have led
the nation to be in-vain. Several efforts and schemes have also not been able to bring women,
dalits, tribals, religious minorities, with different ability and sexual and gender minorities to be
mainstream and they still live a marginalized life. Due to activities related to terrorism and
separatism, many cases of violation of minority rights are reported in the state of Jammu and
Kashmir. In many cases, media exposes violation of minority rights and inform the competent
authority about the same and try to make pressure upon the government and administration to
take proper action. The research paper based on violation of human rights of minority group.
Keywords: Human Rights, Dalits, Minorities, Constitution.
Introduction: India has always embraced diversity, becoming a vast ocean of cultures, religions,
ethnicities, beliefs and practices. With such diversity, it become necessary to give each
community their due, without inciting any conflicts. The constitution of India strives to achieve
a harmony between all the communities by ensuring “justice, social, economic or political” to
all citizens and declaring itself to be a secular state. Minority rights protection in India has
always been in limelight with political parties garnering votes of various communities triggering
their emotions upon their minority status. India is a mosaic of diversity as it is a multi-cultural
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European Journal of Business &
Social Sciences
Available at https://ejbss.org/
ISSN: 2235-767X
Volume 07 Issue 05
May 2019
Available online: https://ejbss.org/ P a g e | 1377
and pluralistic society. We take pride in our heritage, in our myriad religious, languages and
ethnicities. At the time of independence, our aim was to achieve unity in diversity- to preserve
these individual and yet to remain a united, secular nation. The term “minority”, in general
context, is used to refer non- Hindu communities in India, through there are various other
implications of this term. Minorities can be classified according to their religion as well as
language spoken, caste, tribal status and so forth. But the minority communities as recognized
by the government of India are Muslim, Christians, Sikhs, Buddhists, Zoroastrians and jains as
under section 2(c) of the National Commission for Minorities (NCM) Act, 1992. But the term
“Minority” has neither been defined in the act nor the constitution, and there is no widely
accepted definition of the term globally. Population and religion have been the factors which
have decided the scope of the minority status in India.
1.1 MEANING:
The word ‘Minority’ has not been defined in the Constitution. He Motilal Nehru’s Report 1928
showed prominent desire to afford protection to minorities but did not define the expression.
The Sapru Report 1945 also proposed inter alia a Minority Commission but not defined
Minority.
Year book on Human Rights 1950 page 490 the Un Sub Commission on Prevention on
Discrimination and Protection of Minorities has properly defined ‘minority’ by inclusive
definition as under:
1. The term minority should properly include a number of persons who by sufficient by
themselves to preserve such tradition or characteristics and
2. Such minorities must be loyal to the State of which they are national 1
The Constitution uses the word minority without defining it in re Kerala education bill SC opined
that minority is to be determined only in relation o the particular legislation which is being
1 P. M. Bakshi, the Constitution of India (Universal Law Publishing Company Private Ltd, Delhi-33, 2006) VIIth
Edition, P.69.
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challenged in TMA Pai Foundation v State of Karnataka SC held that, ”there may be a political
minority, religious minority and linguistic minority and etc.”2
1.KINDS OF MINORITY:
There are two types of minorities
(1) RELIGIOUS MINORITY:
The backward class is not minorities within the meaning of Art. 30 as K M Munshi (5,
C.A.D.p.227) pointed out that,” the particularly Harijans known as Schedule Castes, are neither
racial minority nor linguistic minority. They are part parcel of Hindu Community”3
.
(2) LINGUISTIC MINORITY
The linguistic minority for the purpose of Art.30 (1) is one, which has separate spoken language.
It is not necessary that the language should also have separate script. India has no. of
languages which have no such separate script of their own but none the less people speaking
such language will constitute a linguistic minority to claim protection of Art.30(1). In Gurunanak
University Case, the ruling of re Kerala Education Bill 4
reiterated by the Education Bill 5
reiterated by the Supreme Court. In this case the contention of State Punjab is that, ‘the
religious or linguistic minority in relation to the entire population of India.
2. VIOLATION OF HUMAN RIGHTS OF MINORITIES:
VIOLATION OF HUMAN RIGHTS OF CHRISTIAN COMMUNITY:
Rights of Religious minorities particularly of the Christian community reported to have been
violated in Hyderabad, in AP, and in UP according news items appeared in Times of India dated
June 24, 2000.
2 M. P. Jain, Indian Constitutional Law (Wadhawa Publishers, Nagpur, 2007) pp1224-1225
3
ibid
4 AIR 1958 SC 956
5 AIR 1958 SC 956
