Minorities

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INTRODUCTION INTRODUCTION

The expression "minority" has been derived from the Latin word 'minor' and the suffix 'ity' which The expression "minority" has been derived from the Latin word 'minor' and the suffix 'ity' which means "small in number".

means "small in number". 'Minorities' means 'groups held together by ties of common'Minorities' means 'groups held together by ties of common

descent, language or religious faith and feeling different in these respects from the maority descent, language or religious faith and feeling different in these respects from the maority of the inhabitants of a gi!en political entity"#"Minority" can also be defined as a group of of the inhabitants of a gi!en political entity"#"Minority" can also be defined as a group of persons ha!ing different race, language or religion from that of maority of inhabitants persons ha!ing different race, language or religion from that of maority of inhabitants $rticle %&()

$rticle %&() uses the uses the terms ‘linguistic’ or ‘religious’ terms ‘linguistic’ or ‘religious’ minorities. The word minorities. The word ‘or’ means that a‘or’ means that a minority may either be linguistic or religious and that it does

minority may either be linguistic or religious and that it does not have to be both not have to be both – a religious– a religious minority as well as linguistic

minority as well as linguistic minorityminority. t is sufficient of it is one . t is sufficient of it is one or the other or the other or both.or both. The constitution uses the

The constitution uses the term ‘minority’ term ‘minority’ without defining it. n without defining it. n re The !erala ducation re The !erala ducation #ill$ the#ill$ the %upreme &ourt opined that while it is easy

%upreme &ourt opined that while it is easy to say that minority means a community which to say that minority means a community which isis numerically less than ( per cent$ the

numerically less than ( per cent$ the important )uestion is ( * of what+ %houimportant )uestion is ( * of what+ %hould it be of theld it be of the entire population of ndia$ or of a

entire population of ndia$ or of a state$ or a part thereof+ t is possible that a costate$ or a part thereof+ t is possible that a co mmunity may bemmunity may be in ma,ority in a state but in a

in ma,ority in a state but in a minority in the whole of ndia. - commminority in the whole of ndia. - community may be conunity may be concentratedcentrated in a part of a state and

in a part of a state and may thus be in ma,ority there$ though may thus be in ma,ority there$ though it may be in minority in the state it may be in minority in the state asas a whole. f a part of a

a whole. f a part of a state is to be taen$ then the state is to be taen$ then the )uestion is where to draw the line an)uestion is where to draw the line and what isd what is to be taen into consideration a

to be taen into consideration a district$ town$ a municipality or its wards.district$ town$ a municipality or its wards. The ruling in the !erala ducation

The ruling in the !erala ducation #ill has been reiterated by the %upreme #ill has been reiterated by the %upreme &ourt in /uru 0ana&ourt in /uru 0ana 1niversity case. n that case$ the %upreme

1niversity case. n that case$ the %upreme &ourt re,ected the contention of the state of &ourt re,ected the contention of the state of 2un,ab2un,ab that a religious or linguistic minority should be a minority in relation to the

that a religious or linguistic minority should be a minority in relation to the entire population ofentire population of ndia. The &ourt has ruled that a minority has to

ndia. The &ourt has ruled that a minority has to be determined$ in relation to the be determined$ in relation to the particularparticular legislation which is sought to be impugned. f it is a state law$ the minorities have to be legislation which is sought to be impugned. f it is a state law$ the minorities have to be determined in relation to the state population. The 3indus in

determined in relation to the state population. The 3indus in 2un,ab constitute a religious2un,ab constitute a religious minority.

minority. Therefore$ -rya %ama,istis in 2un,ab also constitute a Therefore$ -rya %ama,istis in 2un,ab also constitute a religious minority having theirreligious minority having their own distinct language and script. t is within the realm

own distinct language and script. t is within the realm of possibility that the population of a stateof possibility that the population of a state may be so fragmented that no

may be so fragmented that no linguistic or religious group may by itself constitute ( percent oflinguistic or religious group may by itself constitute ( percent of the total state population. n such a situation$ every group will fall within the umbrella of -rt. the total state population. n such a situation$ every group will fall within the umbrella of -rt. 4(567 without there being a ma,ority group in

4(567 without there being a ma,ority group in the state against which minorities need to claimthe state against which minorities need to claim protection.

protection.

The &ourt has pointed out that

The &ourt has pointed out that if various sections and classes of the 3indus were to be if various sections and classes of the 3indus were to be regardedregarded as ‘minorities’

as ‘minorities’ under article 4(567$ then the 3indus would be under article 4(567$ then the 3indus would be divided into numerous sections anddivided into numerous sections and classes and cease to be a

classes and cease to be a ma,ority any longer. The sections of one religion cannot constitutema,ority any longer. The sections of one religion cannot constitute religious minorities. The term ‘minority based on

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religious minorities$ e.g. 8uslims$ &hristians$ 9ains$ #uddists$ %ihs$ etc.$ which have ept their religious minorities$ e.g. 8uslims$ &hristians$ 9ains$ #uddists$ %ihs$ etc.$ which have ept their identity separate from

identity separate from the ma,ority$ namely$ the 3indus.the ma,ority$ namely$ the 3indus.

The term Minority Rights embodies t*o separate concepts+ first, normal indi!idual rights The term Minority Rights embodies t*o separate concepts+ first, normal indi!idual rights as applied to members of racial, ethnic, class, religious, linguistic or seual minorities, and as applied to members of racial, ethnic, class, religious, linguistic or seual minorities, and second, collecti!e rights accorded to minority groups#

second, collecti!e rights accorded to minority groups# The term may also apply simply to The term may also apply simply to individual rights of anyone who is not

individual rights of anyone who is not part of a ma,ority decision.part of a ma,ority decision.

&ivil rights movements often see to ensure that individual rights are not

&ivil rights movements often see to ensure that individual rights are not denied on the basis ofdenied on the basis of membership in a minority group.

membership in a minority group.

There are many political bodies which

There are many political bodies which also feature minority group rights. This might be seen inalso feature minority group rights. This might be seen in affirmative action )uotas$ or in guaranteed minority representation in a consociational state. affirmative action )uotas$ or in guaranteed minority representation in a consociational state.

Constitutio

Constitutional rights and

nal rights and safeguards pro!ided to the minorities in India+

safeguards pro!ided to the minorities in India+

(# Constitutional safeguards for religious and linguistic minorities of India (# Constitutional safeguards for religious and linguistic minorities of India Tho

Though ugh the the &on&onstistituttution of ion of ndndia ia doedoes s not definnot define e the the worword d ‘8i‘8inornorityity’ and ’ and only refeonly refers rs toto ‘8inorities’ and speas of those ‘based on religion or language’$ the rights of the minorities have ‘8inorities’ and speas of those ‘based on religion or language’$ the rights of the minorities have been spelt out in the &onstitution in detail.

been spelt out in the &onstitution in detail.

-#

-# .Co.Commommon n DoDomainmain/ and / and .0e.0eparaparate te DomaDomain/ of in/ of righrights ts of of minminoriorities ties propro!id!ided ed in in thethe Constitution

Constitution

The &onstitution provides two sets of rights of minorities which can be placed in ‘common The &onstitution provides two sets of rights of minorities which can be placed in ‘common domain’ and ‘separate domain’. The rights which fall in the ‘common domain’ are those which domain’ and ‘separate domain’. The rights which fall in the ‘common domain’ are those which are applicable to all the citi:ens of our country. The rights which fall in the ‘separate domain’ are are applicable to all the citi:ens of our country. The rights which fall in the ‘separate domain’ are those which are applicable to the minorities only and these are reserved to protect their identity. those which are applicable to the minorities only and these are reserved to protect their identity. The distinction between ‘common domain’ and ‘separate domain’ and their combination have The distinction between ‘common domain’ and ‘separate domain’ and their combination have been

been well epwell ept t and and protected protected in in the the &onstitution. The &onstitution. The 2reamble 2reamble to to the the &onstitution declares &onstitution declares thethe %tate to be ‘%ecular’ and this is a special relevance for the ;eligious 8inorities. )ually relevant %tate to be ‘%ecular’ and this is a special relevance for the ;eligious 8inorities. )ually relevant for them$ especially$ is the declaration of the &onstitution in

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are to be secured ‘liberty of thought$ expression$ belief$ faith and worship and ‘e)uality of status and of opportunity.’

-#( .Common Domain/, the Directi!e 1rinciples of 0tate 1olicy 2 1art I3 of the Constitution

The &onstitution has made provisions for the <undamental ;ights in 2art $ which the %tate has to comply with and these are also ,udicially enforceable. There is another set of non=,usticiable rights stated in 2art >$ which are connected with social and economic rights of the people. These rights are nown as ‘?irective 2rinciples of %tate 2olicy’$ which legally are not binding upon the %tate$ but are @fundamental in the governance of the country and it shall be the duty of the %tate to apply these principles in maing lawsA. 5-rticle 4B7. 2art > of the &onstitution of ndia$ containing non=,usticiable ?irective 2rinciples of %tate 2olicy$ includes the following provisions having significant implications for the 8inorities C=

i. obligation of the %tate ‘to endeavour to eliminate ine)ualities in status$ facilities and opportunities’ amongst individuals and groups of people residing in different areas or engaged in different vocationsDE-rticle 4F 5G7 H

ii. obligation of %tate ‘to promote with special care’ the educational and economic interests of ‘the weaer sections of the people’ 5besides %cheduled &astes and %cheduled Tribes7 5-rticle IJ7

-#- .Common Domain/, the 4undamental Duties 2 1art I3$ of the Constitution

2art >- of the &onstitution$ relating to <undamental ?uties as provided in -rticle 6 - applies in full to all citi:ens$ including those belonging to 8inorities. -rticle 6- which is of special relevance for the 8inorities stipulates as underC=

i. &iti:ens’ duty to promote harmony and the spirit of common brotherhood amongst all the people of ndia ‘transcending religious$ linguistic and regional or sectional diversitiesD

and

ii. &iti:ens’ duty to value and preserve the rich heritage of our composite culture.’

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The &onstitution has provided a definite space for both the ‘domains’ i.e. ‘common’ as well as ‘separate’. n 2art  of the &onstitution$ which deals with the <undamental ;ights is divided into two parts vi:. 5a7 the rights which fall in the ‘common domain’ and 5b7 the rights which go to the ‘separate domain’. n the ‘common domain’$ the following fundamental rights and freedoms are coveredC

i. people’s right to ‘e)uality before the law’ and ‘e)ual protection of the laws’D E-rticle 6IH ii. prohibition of discrimination against citi:ens on grounds of religion$ race$ caste$ sex or

place of birthD E-rticle 6 567 K 5G7H

iii. authority of %tate to mae ‘any special provision for the advancement of any socially and educationally bacward classes of citi:ens’ 5besides the %cheduled &astes and %cheduled Tribes7D E-rticle 6 5I7H

iv. citi:ens’ right to ‘e)uality of opportunity’ in matters relating to employment or appointment to any office under the %tate – and prohibition in this regard of discrimination on grounds of religion$ race$ caste$ sex or place of birthD E-rticle 6J567K5G7H

v. authority of %tate to mae ‘any provision for the reservation of appointments or posts in favour of any bacward class of citi:ens which$ in the opinion of the %tate$ is not ade)uately represented in the services under the %tateD E-rticle 6J5I7H

vi. people’s freedom of conscience and right to freely profess$ practice and propagate religion – sub,ect to public order$ morality and other <undamental ;ightsD E-rticle G567H vii. right of ‘every religious denomination or any section thereof – sub,ect to public order$

morality and health – to establish and maintain institutions for religious and charitable purposes$ ‘manage its own affairs in matters of religion’$ and own and ac)uire movable

immovable property and administer it ‘in accordance with law’D E-rticle GJH

viii. prohibition against compelling any person to pay taxes for promotion of any particular religion’D E-rticle GBH

ix. people’s ‘freedom as to attendance at religious instruction or religious worship in educational institutions’ wholly maintained$ recogni:ed$ or aided by the %tate.E-rticle GFH

-#5 .0eparate Domain/ of Minority Rights

The 8inority ;ights provided in the &onstitution which fall in the category of ‘%eparate ?omain’ are as underC=

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i. right of ‘any section of the citi:ens’ to ‘conserve’ its ‘distinct language$ script or culture’D E-rticle G567H

ii. restriction on denial of admission to any citi:en$ to any educational institution maintained or aided by the %tate$ ‘on grounds only of religion$ race$ caste$ language or any of them’D E-rticle G5G7H

iii. right of all ;eligious and Linguistic 8inorities to establish and administer educational institutions of their choiceDE-rticle 4(567H

iv. freedom of 8inority=managed educational institutions from discrimination in the matter of receiving aid from the %tateDE-rticle4(5G7H

v. special provision relating to the language spoen by a section of the population of any %tateDE-rticle 4IBH

vi. provision for facilities for instruction in mother=tongue at primary stageDE-rticle 4( -H vii. provision for a %pecial Mfficer for Linguistic 8inorities and his dutiesD and E-rticle 4(

#H

viii. %ih community’s right of ‘wearing and carrying of irpansD Explanation 6 below -rticle GH

%# India/s multi6culturalism inter*o!en in the Constitution

The various -rticles of the &onstitution providing rights to the minorities$ clearly and firmly point out to only one directionC that of a multi=religious$ multi=cultural$ multi=lingual and multi= racial ndian society$ interwoven into an innate unity by the common thread of national integration and communal harmony. #y the yardstic adopted by the framers of the &onstitution and crystalli:ed into its provisions the ndian 0ation is not ,ust a conglomeration of individual inhabitants of this %tateD it comprises of two distinct categories of constituents. The two=tier commonwealth of ndian 0ation includes$ on one hand$ every citi:en of ndia individually and$ on the other hand$ the multitude of religious$ linguistic$ cultural and ethnic groups among its citi:ens. The ndian 0ation is an enormous coparcenary in which the individual citi:ens are also members of their own respective branches taing the form of religious$ cultural$ linguistic and ethnic groups. -nd all these groups$ lie all individuals$ have the same <undamental ;ights to en,oy and the same <undamental ?uties to discharge.

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The social pluralism of ndia$ as fortified by the uni)ue &onstitutional concept of secularism$ raises the need for the protection and development of all sorts of weaer sections of the ndian citi:enry – whether this ‘weaness’ is based on numbers or on social$ economic or educational status of any particular group. The &onstitution$ therefore$ speas of ;eligious and Linguistic 8inorities$ %cheduled &astes$ %cheduled Tribes and #acward &lasses and maes – or leaves room for maing – for them special provisions of various nature and varying import.

.Right of a minority to establish educational institutions 2 5a7 -rticle – 4( –

-rticle – 4(567 gives the linguistic or religious minorities the following two rightsC 5a7 The right to establish$ and

5b7 The right to administer educational institutions of their choice.

-rticle – 4(5G7 bars the state$ while granting aid to educational institutions$ from discriminating against any educational institution on the ground that it is under the management of a linguistic or a religious minority. t mandates that in granting aid to educational institutions$ the state shall not discriminate against any educational institution on the ground that it is under the

management of a minority$ whether based on religion or language.8inority rights have gained greater visibility and relevance all over the world. ndia is no exception to it being a multi=ethnic$ multi=religious$ multi=linguistic and multi=cultural society. ?iversity of all types is the very soul of ndia. t is in this context that minority rights have assumed a dded significance in post=

independence ndia. Nhen ndia attained independence after its division on religious lines$

religious minorities became very apprehensive of their identity.$ccording to a sur!ey -&&() at that time there *ere ((#89 per cent Muslims, -#%- per cent Christians, (#9: per cent 0i7hs and considerable number of ;uddhists &#99 per cent), 1arsees &#5 per cent) and <ains &#5% per cent) in India#

-fter Norld Nar $ the world’s minorities loced within the state have increased rather than decreased in numbers. %o far as ndia’s case is concerned$ the tra,ectory reveals that ndia has almost always had a composite population. The &onstitution of free ndia has give recognition to a number of languages in the ighth %chedule and there are five religious groups which have been given the official status of 0ational 8inorities$ namely$ 8uslims$ &hristians$ %ihs$

#uddhists and 2arsees. The framers of the &onstitution bestowed considerable thought and attention upon the minority problem in all its facets and provided constitutional safeguardsD yet the issue has evaded solution till today. &onse)uently$ the progress of minorities in ndia is beset with problems including those of pre,udice and discrimination.

ven the dominant 8uslim community has several grievances. t is perceived by many that they lag behind in educational progress because of economic hardship and discrimination against

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them in the education field. 0o special efforts have been made to fulfil the needs of 8uslims which belong to the lower strata of society. The grievances of the %ihs in ndia a re largely political with subdued economic overtones. The grievances of all religious minorities seem to be

related to the operation of state agencies.

Today minority rights have introduced two new dimensions into democracy. <irst$ they made community a legitimate sub,ect of political discourseD and second$ the y placed the issue of inter= group e)uality on the agenda. The ndian experience also reveals that minority rights present two important problems for a democratic polity. Mne$ minority rights privilege the community’s

cultural practices over the principle of e)ual rights for all citi:ens. Two$ recognised minorities are not always sensitive to the plight of internal minorities. Thus$ while special safeguards provided to identified minorities curb the hegemony of any one community or the nation=state$

they do not guarantee free and e)ual status to all groups and communities in society.

The principle of non=discrimination and the concept of common citi:enship are enshrined in all provisions of the ndian &onstitution. The first and foremost is theRight to =>uality $rticle

(5) which is an extension of the rights ensured in the 2reamble to the &onstitution. -rticle 6I of our &onstitution saysC

The 0tate shall not deny to any person e>uality before the la* and shall pro!ide e>ual protection for e!ery person *ithin the territory of India#

Though this -rticle appears to be very short and simple$ it is one of the greatest pillars of

democracy. t protects both minority and ma,ority alie against the discriminatory conduct of the government both negatively and positively. This provision embodies a concept which is a hall= mar of democracy. 3owever$ to the )uestion as to whether the ndian minorities really en,oy this fundamental right to e)uality$ the answer$ unfortunately$ is ‘no’. #ecause in the real sense$ ndian minorities do not fully en,oy some of the basic fundamental rights. The ma,or problems faced by the &hristian minority with regard to fundamental rights are as given below.

The discrimination on grounds of religion is !ery clearly prohibited by $rticle (? of our Constitution which says in clause 567C @The state shall not discriminate against any citi:en on grounds of religion$ race$ caste$ gender$ place of birth etc.A This fundamental right against

discrimination on ground of religion is one of the most important rights for the flourishing of any religiously pluralistic society as we have in our country.6 #ut unfortunately$ we are till now

unable to implement what -rticle 6 last down. This mandate of @non=discrimination against any person on grounds of religionA given in -rticle 6 of the &onstitution has still not been enforced

totally$ even though the &onstitution was promulgated more than F years ago. This right$ which existed$ in whatever little extent$ before the promulgation of the &onstitution$ was lost when our &onstitution came into being.

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The third paragraph of the 2residential Mrder of 6( was amended by 2arliament to extend constitutional benefits to the ‘?alit %ihs’ 56J7 and the ‘#uddhists’ 56(7 along with the ‘3indus’$ but similar benefit was refused to the ?alit &hristians. The denial of ,ustice to the ?alit &hristians is also against the letter and spirit of the &onstitution of ndia on e)ual ,ustice. The 2residential Mrder$ as it was interpreted$ was not only communalistic$ it was also anti=?alit. t tended to divide the ?alits on the basis of religion. ;egarding the criteria of amendment$ the point made by ;amvilas 2aswan in 6( needs to be noted. 2aswan$ who was the then 1nion

8inister of Nelfare and Labour$ while stating the ob,ects and reasons for proposing to include #uddhists of %cheduled &aste origin in the list of %cheduled &astes$ said that the change of religion does not alter social and economic conditions. #ut above all$ the third paragraph of the 6( 2residential Mrder is a direct contradiction of -rticles 6I$ 6 and G of our &onstitution since it had used religion as the criterion to describe who will be a %cheduled &aste.

n ndia the opportunities for employment are very scant y and the state is the greatest employer. The principle of non=discrimination and e)uality is also upheld in matters of public employment in the &onstitution# $rticle (8 says+ @No citiAen shall, on grounds of religion, race or caste, be ineligible for, or discriminated against in respect of, any employment or office under the 0tate#B

The Constitution in $rticle (8 gi!es e>uality of opportunity in matters of public

employment# #ut again$ because of the 2residential Mrder of 6( and the refusal of %haner ?ayal %harma to issue an ordinance 4 for reservation for &hristians during the time of 2.>. 0arashima ;ao as the 28 the -rticle has been made infructuous. This has been made available

to the ?alits in the fold of 3induism$ %ihism and #uddhism but not to those who are &hristians. This also amounts to discrimination on grounds of religion which the ‘state’ is forbidden to effect under -rticle 6.

The denial of ,ustice to the ?alit &hristians goes against the letter and spirit of -rticles 6I$ 6$ 6J and G of the &onstitution of ndia on e)ual ,ustice$ e)ual opportunities and freedom of religion. f a %cheduled &aste becomes a &hristian$ he loses all the reservation facilities$ and if he

produces a certificate of %cheduled &aste he gets bac all the benefits. ven the children of the same %cheduled &aste parents$ living under the same roof$ sharing the same meals are

discriminated against on the basis of religion. %ohan %ingh gets all the reservation facilities. Nhile his own brother 8ohan 8asih is denied all the benefits ,ust because @8asihA happens to be a &hristian. t is bad luc if any &hristian symbol is noticed with himOher or at hisOher

residence. 3eOshe loses all the service benefits. This also amounts to violation of the

constitutional rights. ?espite years of independence the$ ?alit &hristians continue to be the victims of all inds of ill=treatment. The history of independent ndia is both pathetic and shameful on the treatment meted out to ?alits.

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The 8andal &ommission’s report unambiguously stated that state assistance should be given to all genuinely bacward sections of people irrespective of religion or caste which many thought would end discrimination against the poor among the minorities. #ut the ‘soft’ &ommunists or secularists or religious fanatics in the ma,ority community are now said to have found another excuse to deprive the &hristians of these facilities. The argument advanced is that the bacwards having @un=ndian sounding or -nglo=%axonA names cannot claim such benefits.I They can afford to discriminate against &hristians in this manner because they are a negligible @vote= banA. This is the way our rulers create divisions$ frictions and differences in our country.

The other serious implication of the 2residential Mrder of 6( is that it has also affected another fundamental right of the ?alit &hristians$ the right meant to protect their personal life as well as liberty. n the last F years of ndia’s independence$ the country’s three largest minorities$

8uslims$ &hristians and %ihs$ have been targeted by fanatics of the ma,ority community and other vested interests$ on the basis of their religious identity alone$ resulting in a serious assault on their basic rights$ including the right to life itself. -rticle G6 of the ndian &onstitution clearly stipulatesC @0o person shall be deprived of his right of p ersonal liberty except according to

procedure established by law.A The fact that the ?alit &hristians are not getting protection of life and personal liberty is manifest in the various government -cts and rules passed by 2arliament to give special protection to the %cheduled &astes but these are not applicable to the &hristians of %cheduled &aste origin during atrocities. These -cts and rules include 2rotection of &ivil ;ights -ct 6$ 2rotection of &ivil ;ights ;ule 6BB and %cheduled &astes and %cheduled Tribes 52revention of -trocities7 -ct 6F. -ll these -cts and rules are supposed to give the %& 5?alits7 special protection and rights against various inds of atrocities and oppressions meted out to them by the people of so=called upper castes of forward classes. #ut this protection is not made available to ?alit &hristians.

$lthough under $rticle -(, the 0tate is bound to protect the life and liberty of e!ery human being$ it has failed to protect this right. There are a lot of violations. %uch type of violations threatens the very right to life$ physical integrity and health of citi:ens. 3ere are some of the headlines in the national mediaC @2ersecutionP&hristians are now being systematically targetedA. t referred to the recent move of the then #92 run ?elhi /overnment to denotify churches in ?elhi as places of worship on the ground that @wine was served thereA. @%affron #rigade stries again in /u,aratA. @&hristian missionary school attaced$ copy of 0ew Testament burntAPflashed 3industan Times on 9uly GG$ 6F.

$rticle -? of the Indian Constitution gi!es all citiAens the @freedom of conscience and the right freely to profess, practice and propagate religionB# The &hristians have almost always

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faced problems with this fundamental right especially with the last part of propaga ting its faith. -number of %tates such as Mrissa$ -runachal 2radesh$ 8adhya 2radesh$ /u,arat and Tamil 0adu have passed -cts through their legislature severely curbing this right. n many %tates lie 2un,ab$ the concerned authorities refused to allow any venue and date for religious conversions or

religious conventions for preaching the teachings of 9esus &hrist. This is undoubtedly a violation of -rticle G. <ather T.!. 9ohn also expressed the feeling that the basic rights of the religious minorities are violated in a number of ways.

5a7 -lthough some ndian %tate governments did enact legislations entitled ‘<reedom of ;eligion #ill’$ these were full of ambiguities which were utili:ed by the state mach inery to practise

discrimination against religious minorities.

5b7 ;efusal to grant official recognition to certain religious groups and religious communities. 5c7 Legal bias against certain religious groups and religious communities.

5d7 ;estriction on public information about religious groups by describing only a preferred religion in official text boos and ignoring the others. n /u,arat$ the %tate’s #92 /overnment is also trying to impose some limitation on freedom of conscience and free profession of religion. -lthough -rticle G of the ndian &onstitution gives wide opportunity to profess$ practise and propagate any religion$ from time to time it has been interpreted by the various &ourts of law

which have imposed many limitations. -s the %upreme &ourt held in the case of %tainless versus 8adhya 2radesh 56BB7$ the right to propagate does not mean the right to convert others forcibly. 3owever$ heOshe is entitled to accept or adopt another religion b y his own choice and free will.F n recent times$ some 3indu organi:ations have raised a h ue and cry over this matter$ and are in favour of adding some amendments in -rticle G.

The very foundation of society in ndia being religion$ it will lose all her spiritual values and heritage unless the right to practise and propagate any religion is recognised as a fundamental right.

#ut the %tates were practical enough to mae it a conditional right. %o$ when propagation affects the religious sentiments of other communities or conversion involves some sort of force or fraud$ it goes against the letter and spirit of the &onstitution.

-n attempt was made in 6BB$ during the regime of the 9anata /overnment through a 2rivate 8ember’s #ill at the &entral level$ for prohibition of conversion which$ of course$ could not win legilsation sanction from the ma,ority of members. n 9uly G((6$ -nant /angaram /eeta$ a %hiv %ena 82$ moved a 2rivate 8ember’s #ill named the 2rohibition on ;eligious &onversion #ill$ G((6 in the Lo %abha. The #ill was opposed by the Mpposition and the %angh 2arivar failed to

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muster enough support for it to get it through. #esides the above$ the &hristian vangelists and &hurch worers had to face consistent opposition to practising and propagating their faith. They were also attaced physically many a time and harassed by the fanatic groups in a number of %tates such as /u,arat$ 8adhya 2radesh$ Mrissa$ 12$ 8aharashtra and 2un,ab. n ?ecember 6$ non=&hristians organised a rally at -hwa in ?angs district in the /u,arat %tate on

&hristmas ?ay pro,ecting the alleged conversion of tribals to &hristianity by the missionaries.6( n 2un,ab$ religious conventions were disturbed at va rious places by the %angh 2arivar during the -ali=#92 regime. #ut the government did not tae serious note of this problem and even

refused to accept the recommendations of the 0ational 8inority &ommission. $ritcle -8 of our Constitution has gi!en to all the religious minorities the right  to establish and maintain institutions for religious and charitable purposes,

 to manage their o*n affairs in matters of religion, in any manner they *ish to administer and maintain such property in accordance *ith the la*#

n /u,arat$ the %tate ducation ?epartment issued a circular to the government aided schools to subscribe to a /u,arati maga:ine$ %adhana$ which is wedded to the ideology of the ;%% and %angh 2arivar. This is a direct violation of -rticle GJ of the ndian &onstitution.66 The violation of -rticle GJ occurs when the freedom to establish religious institutions is curbed. The local administration generally refused permission to build$ enlarge or renovate places of worship of the minority religious groups. This has become a ma,or problem for the &hristian community. To get permission for building a &hurch has become a nightmarish experience for the &hristian

applicants.6G The recent destruction of churches in certain parts of the country has further aggravated the threat to the right$ guaranteed in the &onstitution$ and granted to the &hristian community$ along with other religious communities$ to establish and maintain institutions for religious and charitable purposes.

$rticle -: offers protection to the cultural rights of minorities and $rticle %& () gi!es them the right to establish and administer educations institutions of their choice#

Clause %(-) states that 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, *hether based on religion or language#

#ut with regard to the rights provided on -rticle G and 4( also$ the &hristians continue to face problems throughout the country. 5;ecently the 2un,ab /overnment enacted a law and imposed a

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educational institutions are facing is the intervention of the %tate du cation ?epartment and 1niversities at different levels. Questions are being raised whether a special place can be offered to the members of the &hristian community as students or trainees. The government not only discriminates against minority schools$ colleges$ nursing colleges$ and hospitals in granting aid$ but also imposes many rules and restrictions to prevent minority institutions from appointing

their own candidates. Nhen a vacancy comes up in schools and other institutions they are forced to accept the %tate’s choice to fill it and on many occasions &hristian educational institutions have had to go to court to get ,ustice.

%ome of the fanatic groups are not in favour of a separate and distinct culture for minorities. They want that all minorities in ndia must give up their separate culture as ndia is one country and one culture. 2rof #alra, 8adho suggested that the minorities must adopt ndian 53indu7 names. n short$ they must adopt the ndian culture=the national culturePin their religion. Their religion should bend its loyalty towards ndian 0ationalism.

The suggestion made by 8adho is totally against the rights guaranteed under -rticle G of the &onstitution which saysC

-ny section of citi:ens$ residing in the territory of ndia$ or any part thereof$ having a distinct language or culture of its own$ shall have the right to conserve the sameRall persons are e)ually entitled to freedom of conscience and the right to profess$ practise and propagate their religion. n fact the 8uslims$ &hristians and %ihs each have their own separate and distinct culture. The above utterances negate the guarantee given by the &onstitution to conserve the culture of the minorities. %uch utterances have been in vogue for many decades. t is a shame that the leaders of the largest democracy with a large number of religions allow the propagation of such mindless thoughts 5which clearly trample underfeet the constitutional rights7 against such a minuscule section of the population as &hristians.

The next problem is concerning &hristian 2ersonal Law which includes S The ndian &hristian 8arriage -ct 6FBG$

S The ndian ?ivorce -ct 6FJ S The ndian %uccession -ct 6G.

These -cts were enacted under #ritish rule and reflect the #ritish point of view. %ome contents and -cts have direct relationship to the nglish law and the &ourts. <or exa mple$ %ection > of the ndian ?ivorce -ct 6FJ says that for anything uncovered by this -ct$ the ndian courts shall follow the procedure of nglish &ourts.6J %imilarly the &hristian 8arriage -ct 6FBG has$ at a number of places$ references to the &hurches of ngland and %cotland.6B

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The ndian %uccession -ct 6G also has a number of wea points lie the restrictions imposed on a widow’s right to property. -ll these discrepancies need immediate attention of both the ndian &hristians as well as the ndian /overnment in order to introduce suitable amendments to these -cts. The &hristian law is biased in circumstances of marriage$ grounds for divorce$

demand for damages and e)uitable relief. The need for a change has been widely recognised. The campaign for changes in the &hristian 2ersonal Law was taen up at the 9oint Nomen’s 2rogramme 59N27 in 6F4. Through several meetings held in different places$ where #ishops$ clergymen$ lawyers$ the laity of the churches and social activists participated$ it came to a

unanimous conclusion that the &hristian 2ersonal Law$ as enacted and administered in ndia$ was outdated$ un,ust and did not fairly meet the needs of the present generation. The ndian &hristian 8arriage -ct 6FBG$ the ndian ?ivorce -ct 6FJ and the ndian %uccession -ct 6G had several sections that were discriminatory. The first two of these -cts were enacted more than a century ago and the third one is also almost three )uarters of a century old. Nomen suffer and are treated differently from men. There is also a need to enable &h ristians to adopt children whenever the need arises.

The 9oint Nomen’s 2rogramme 59N27 along with the &hurch of 0orth ndia drafted a new &hristian 8arriage and 8aintenance #ill in 6F with help of 2.8. #ashi$ the then 8ember of the Law &ommission. The 9oint Nomen’s 2rogramme also re)uested all the &hurches to send in their consensus opinion and the &hristian 8arriage and 8atrimonial #ill 6($ the ndian

%uccession -mendment #ill 6($ and the &hristian -doption and 8aintenance #ill 6( were formulated. Thereafter an economic committee for changes in the &hristian 2ersonal Law was formed. This committee studied the 6G #ill and a d raft was finalised to change the existing -cts covering marriage$ divorce$ succession and a doption. t also drafted a &hristian -doption Law 6I. The draft of the @&hristian 8arriage #illA enabled the solution of cases of divorce on the grounds of cruelty by mutual consent and did away with the compulsion of restoration of con,ugal rights. The &hurch leadership raised its voice to bring in changes in the #ill. The <ourth Law &ommission studied the matter in its own free time. 8atters moved in the late nineties and 9ames 8assey$ a former member of the 0ational &ommission of 8inorities$ played a part in the formulation of another reformist draft which was submitted to the government in 6 B to replace the existing -cts covering marriage$ divorce$ succession and adoption.6F

n -pril G((($ the Law 8inister invited some &hurch leaders and women activists to discuss his proposed &hristian 8arriage #ill G(((. The &hristian representatives demanded that if the Law

8inister ept %ections 4 and  the same as were in the #ill of 6I$ the proposed #ill will get the consensus of all churches throughout ndia. They would agree for the #ill G((( to be introduced in 2arliament. This bill$ prepared by the Law 8inistry with the consent of the community was passed by 2arliament in G((6.6

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The &hristians tae the ndian &onstitution for granted to provide$ protect and safeguard the fundamental rights of every citi:en and every minority$ including the &hristians. 3owever$ the relevance and effectiveness of the safeguards are eroding fast$ due to large scale saffronisation of the education system$ the handiwor of the %angh 2arivar$ to enforce its political ideology. These changes are bold enough to dream of saffronisation of all minority communities as well. %ome organisations of the %angh 2arivar are so eager to threaten the very existence of the minority communities that they are moving in an extremely disruptive direction. These moves$ sooner or later$ will ,eopardise the fundamental rights of the minority communities. The political thining of the communal forces is moving towards the formation of a theocratic state$ in which the goal and religion of the %angh 2arivar becomes the supreme force. This is creating a situation wherein the minority communities$ especially the poor and downtrodden ?alit &hristians$ are feeling helpless. 8inority and ma,ority feelings still exist in the country even after  years of our freedom and every secular$ democratic ndian citi:en is bound to be appalled by such a

development. The country’s identity and dignity are getting increasingly obscured. The apathy of the administration$ the violation of minorities’ rights$ the 2residential Mrder of 6( and the

8andal &ommission report have all cumulatively led to the evolution of an extremely helpless and frustrating situation for the minority community of &hristians. The &hristians ,ust want a fair system to fulfill their basic needs and a chance to live an honorable life which can only be

provided by the institutionali:ation of minority rights in general and those of the &hristian minority in particular for long ignored by the powers that be.

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0T$TU0 R=1ORT O4 UTT$R 1R$D=0+

I# EUCFNOG

Minority concentration district+ Euc7no* Category+ ;

0ub6category+ ;(

;ac7*ardness parameters of district *or7ed out from Census -&&( data#

#asic -menities %ocio=economic

0ational -verage I6.B I.F

?istrict -verage 4.JI 4.GF

1opulation data of district as per Census -&&(+

Religion 1opulation H o!er total population

-ll religions 4JIBF4I == 8uslims BIFJFB G(.G &hristians 6GGFJ (.4I %ihs G466( (.J4 #uddhists I4GB (.6G 2arsis == ==

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II# 0$<$$N1UR

Minority concentration district+ 0hahahanpur Category+ $

III# M==RUT

== ;asic $menities 0ocio6economic

?istrict -verage GG.BF GB.4

Religion 1opulation H o!er total

population

-ll religions GIBF ==

8uslims I(I 6B.FJ

&hristians GBF (.66

%ihs I(4 G.6I

#uddhists G(4 (.G(

2arsis == ==

(17)

Minority concentration district+ Meerut Category+ ;

0ub6category+ ;(

population -ll religions GB4J6 == 8uslims BB6 4G. &hristians BIG( (.G %ihs GJI4I (.FF #uddhists GBJ (.( 2arsis == == Total 8inority 6(6G44F 44.BB

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I3# $JI$;$D

Minority concentration district+ haAiabad Category+ ;

0ub6category+ ;(

== ;asic $menities 0ocio6economic 0ational

-verage I6.B I.F

?istrict -verage F.J 4(.4

population -ll religions 4G(FJ == 8uslims BFG6 G4.B &hristians FF( (.GB %ihs G6(6B (.JI #uddhists 4GF (.6( 2arsis == ==

(19)

3# ;$R=IEEK

Minority concentration district+ ;areilly Category+ $

== ;asic $menities 0ocio6economic 0ational

-verage I6.B I.F

?istrict -verage I(.B G.

population -ll religions 4J6FF == 8uslims 6GG4JFJ 44.F &hristians GJ (.GJ %ihs GFB6 (.F( #uddhists B444 (.G( 2arsis == == Total 8inority 6GB6 4.6

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3I# F=RI

Minority concentration district+ Fheri Category+ $

(21)

3II# MUJ$44$RN$$R

Minority concentration district+ MuAaffarnagar Category+ ;

0ub6category+ ;(

population

-ll religions 4G(BG4G ==

8uslims J6GJ4F 6.6(

&hristians 4BI( (.6G

%ihs FI6B G.JI

#uddhists G66JI (.JJ 2arsis == == Total 8inority BGG( GG.6 == 0ational -verage ?istrict -verage

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3III# 1IEI;IT

Minority concentration district+ 1ilibhit Category+ $

population -ll religions 4I44JG == 8uslims 64IJG 4F.( &hristians 44(4 (.( %ihs 6FF (.I #uddhists G4J (.(B 2arsis == ==

Total 8inority 64BIGFJ 4F.BF

== 0ational -verage

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population

-ll religions 6JI6F4 ==

8uslims 4(BB4 G4.B

&hristians 6BFB (.66

%ihs BIB I.

#uddhists 6FGF (.66

2arsis == ==