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Rights of the minorities
Posted Date: 29 Nov 2007 Resource Type: Articles/Knowledge Sharing Category: General
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Posted By: Jose Mathew Member Level: Platinum
Rating:  Points: 4
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As India is a country of many languages, religions, and cultures, the Constitution provides special measures, in Articles 29 and 30, to protect the rights of the minorities. Any community which has a language and a script of its own has the right to conserve and develop them. No citizen can be discriminated against for admission in State or State aided institutions.[33]
All minorities, religious or linguistic, can set up their own educational institutions in order to preserve and develop their own culture. In granting aid to institutions, the State cannot discriminate against any institution on the basis of the fact that it is administered by a minority institution.[34] But the right to administer does not mean that the State can not interfere in case of maladministration. In a precedent-setting judgment in 1980, the Supreme Court held that "the State can certainly take regulatory measures to promote the efficiency and excellence of educational standards. It can also issue guidelines for ensuring the security of the services of the teachers or other employees of the institution. In another landmark judgement delivered on 31 October 2002, the Supreme Court ruled that in case of aided minority institutions offering professional courses, admission could only be through a common entrance test conducted by State or a university. Even an unaided minority institution ought not to ignore the merit of the students for admission.
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Responses
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| Author: vijay 30 Nov 2007 | Member Level: Gold Points : 5 | Hello mathew,
The protection of minorities has not, until recently, attracted the same level of attention as that accorded other rights which the United Nations considered as having a greater urgency. In recent years, however, there has been a heightened interest in issues affecting minorities as ethnic, racial and religious tensions have escalated, threatening the economic, social and political fabric of States, as well as their territorial integrity.
In 1947, the system for the protection of minorities, as groups, established under the League of Nations and considered by the United Nations to have outlived its political expediency, was replaced by the Charter of the United Nations and the Universal Declaration of Human Rights. These instruments were based on the protection of individual human rights and freedoms and the principles of non-discrimination and equality. The view was that if the non-discrimination provisions were effectively implemented, special provisions for the rights of minorities would not be necessary. It was very soon evident, however, that further measures were needed in order to better protect persons belonging to minorities from discrimination and to promote their identity. To this end, special rights for minorities were elaborated and measures adopted to supplement the non-discrimination provisions in international human rights instruments.
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