National Commission for Minorities demanded Minorities treatment as ‘weaker sections’

Context

The National Commission for Minorities (NCM) told the Supreme Court that minorities have to be treated as the “weaker sections” in the country, where the majority community is so “predominant”.The submission was made in an affidavit filed for the response to a petition which says that the welfare schemes cannot be based on religion.

• NCM demanded that it should be covered under Article 46 as a weaker section.

What constitutional provisions exist for the protection of minorities?

• Article 15 (1) & (2) - Prohibition of discrimination against citizens on grounds of religion, race, caste, sex, or place of birth
• Article 16(1)&(2) - Citizens’ right to ‘equality of opportunity in matters relating to employment or appointment to any office under the State, and prohibition in this regard of any discrimination on grounds of religion, race, caste, sex or place of birth
• Article 25(1) - People’s freedom of conscience and right to freely profess, practice, and propagate religion – subject to public order, morality, and other Fundamental Rights
• Article 26 - Right of every religious denomination or any section thereof – subject to public order, morality, and health – to establish and maintain institutions for religious and charitable purposes, manage its affairs in matters of religion, and own and acquire movable and immovable property and administer it followingthe law
• Article 28 - People’s freedom as to attendance at religious instruction or religious worship in educational institutions wholly maintained, recognized, or aided by the State
• Article 29(2) - Non-denial of admission to any citizen to any educational institution maintained or aided by the State, on grounds only of religion, race, caste, language, or any of them;
• Article 30(1) - Right of all religious and linguistic minorities to establish and administer educational institutions of their choice;
• Article 30(1A) - State laws providing for compulsory acquisition of property of minority educational institutions shall ensure that compensation amount to be paid does not restrict or abrogate the right guaranteed above;
• Article30(2) - Freedom of minority-managed educational institutions from discrimination in the matter of receiving aid from the State;
• Part IV of the Constitution of India, containing non-justiciable Directive Principles of State Policy, includes the following provisions having significant implications for the Minorities:-
• Article 38 (2):obligation of the State ‘to endeavor to eliminate inequalities in status, facilities and opportunities’ amongst individuals and groups of people residing in different areas or engaged in different vocations.
• Article 46:obligation of State ‘to promote with special care the educational and economic interests of ‘the weaker sections of the people (besides Scheduled Castes and Scheduled Tribes).
• Article 347: special provision relating to the language spoken by a section of the population of any State.
• Article 350 A: provision for facilities for instruction in mother-tongue at the primary stage.
• Article 350 B:provision for a Special Officer for Linguistic Minorities and his duties;
• Sikh community’s right of ‘wearing and carrying of kirpans; [Explanation 1 below Article 25]