Introduction
To understand minority rights, we first need to understand what minorities are, minorities or minority groups are disempowered groups in a particular society, which have faced discrimination, persecution and have been denied their basic human, fundamental, constitutional, and statutory rights. Minority groups can be organised on various bases like, religious, linguistic, racial, and gender based. Across the globe all societies have minority groups which at some point in history have suffered due to them being relatively less in number and not being able to represent themselves in the given socio-political setup.
In the modern times, there have been efforts by modern democratic state, international organisations, human rights organisations, NGOs and other stakeholders concerned to unite themselves and to voice demands for equality, security and protection of minorities in their respective states.
The Case of India
Minorities have always existed in Indian society; it is not a recent development. Minorities have existed in India since the time of the Aryan colonisation, when the caste system, according to many writers, first emerged. One can find many accounts of the separation of India’s society into four classes—the brahmins, kshatriya vaishyas, and shudras—in many ancient Indian holy writings. The brahmins were the aristocracy and intelligence of the society. They were experts in almanack compilation and reading, eclipse and season prediction, and pharmacology. They had a history of participating in religious studies, research into drugs and herbs, and associated activities. The kshatriyas were the military or the police. The tradesmen and merchants were the vaishyas. The shudras were the laborers, servants, tannery workers, and generally those who undertook menial jobs, such as clearing human excreta and night soil, drainage and other scavenging chores of the community. While the three upper classes constituted the majority, the shudras constituted the minority in India’s socio-economic system. The religious texts state how this minority was exploited, degraded and given inhumane treatment. They were considered to be the ‘untouchables’ or ‘outcasts,’ whereas, the brahmins were at the apex of the Indian society and were considered the golden class.
Also Read – Can a Person with disability obtain a driving licence?
However, the minorities in India today are not replicas of those of its past. In the mediaeval period, with the introduction of Islam and Christianity in the subcontinent, there was movement of people from one religion to another and this often led to changes in the way of governance as the subjects became more and more diverse. The Mughals made several changes like imposing jizya tax, pilgrim tax which then later Mughals abolished in order to ensure better administration and prosperity of the masses.
The Colonial rule at one point, one pole strengthened, facilitated or began the segregation process; at another pole also simultaneously began the secularisation process of dismembering societal rigidities. The independence movement focused much on secularism and protection of minorities. The independence leaders had encouraged the masses to abolish discriminatory practices against, Dalits, Muslims and people who form the minority.
Mahatma Gandhi believed that in order to cultivate the true spirit of democracy, people can’t be intolerant and said that individual can’t be suppressed in the rule of majority. The wide appeal of the mahatma, penetrated the idea of unity and respect among people of different religions and cultures. This idea of unity was further propagated by leaders like Jawahar Lal Nehru and Maulana Abul Kalam Azad, as they stood for the Hindu-Muslim unity and inspired the masses to bolster the independence movement.
The idea of India being a secular democratic state with accommodating the religious and cultural diversity was reflected in the constituent assembly which framed the constitution of India making it inclusive of the diverse Indian society. The Constitution of India emboldens the people from minority and other disempowered sections of the society ensuring that the minority and the marginalised aren’t suppressed by the majority
Some provisions in the Indian Constitution for the protection of minorities are as follows[1]:
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Art 15(1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. This article proscribes the state to discriminate on any of the abovementioned grounds.
Art 15(2): Prohibits the state to engage into discriminatory practices on any of the abovementioned grounds in order the ensure that the public amenities like schools, parks, hotels, and other places of entertainment are available to the public equally regardless of his place of birth, caste, religion, sex etc.
Article 16: Equality in matters of public employment
Art. 16(1): There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Art. 16(2): No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State. This article ensures that in matters of public employment no citizen of India is discriminated on any of the abovementioned grounds.
Art 16(1) and 16(2) proscribe discrimination in public employment and thus, protect the people from disempowered sections of the society from being discriminated.
Article 25: Freedom of conscience and free profession, practice and propagation of religion.
Art. 25(1): Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion. This provision gives every citizen liberty to practice and propagate any religion, thus the minorities can freely engage in their religious practices. Though this article empowers minorities but it is not absolute it can be restricted on grounds of public order, morality and health and other provisions.
Article 26: Freedom to manage religious affairs.
Art. 26 allows every religious denomination or any section thereof to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire moveable and immovable property, and to administer such property in accordance with law.
Article 27: Freedom as to payment of taxes for promotion of any particular religion.
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions. This article gives liberty to people of any faith to attend their respective religious institutions to get religious education. It also proscribes any state owned and state aided institutions to impart religious education.
Article 29: Protection of interests of minorities. This article gives any section of citizen residing in the territory of India right to protect his/her distinct culture, language, and script.
Article 30: Right to minorities to establish and administer educational institutions.
Art 30(1) says that all minorities, whether based on language or religion, shall have the right to establish and administer educational institutions of their choice.
NATIONAL COMMISSION FOR MINORITIES
The National Commission for Minorities has been established as a statutory body under the National Commission for Minorities Act, 1992, in addition to these protections offered by the Constitution and the applicable legislation. According to the Act’s Section 9(1), the Commission is required to carry out duties such as monitoring the operation of minorities’ protections outlined in the Constitution and laws passed by the Parliament and state legislatures, making recommendations for the Central Government or state governments to effectively implement minorities’ protections, and looking into specific complaints about minorities being denied their rights and protections.
Also Read – Tobacco control laws in India
NATIONAL AND STATE HUMAN RIGHTS COMMISSIONS
The Protection of Human Rights Act of 1993 established the NHRC, India as a statutory, autonomous body with the following responsibilities: investigating human rights violations on its own initiative or in response to a petition; reviewing the protections offered by the Constitution and domestic laws; studying international human rights treaties; promoting human rights research; promoting human rights literacy among various sections of society; and coordinating the efforts of related organisations. Additionally, it has the power to suggest the payment of compensation or damages, give temporary relief, and start legal or disciplinary processes against negligent public authorities.
The NHRC is still dedicated to protecting and advancing human rights in society as well as to preventing violations of such rights, particularly for those who are disadvantaged. With the assistance of all parties involved, the Commission is play a proactive part in promoting human rights as a culture in society.
The case of Pakistan
Pakistan was founded on Islamic principles. Although minorities of non-Muslims were also present in Pakistan, Muslims made up the majority of the country’s population. Concerned about the future, they were anxious. Muhammad Ali Jinnah knew this for a fact. Therefore, on August 11, 1947, in his first speech to the Constituent Assembly, special attention was paid to the minorities in the following words:
“You are free; you are to go to your temples. You are free to go to your mosques or to any other places of worship in this State of Pakistan. You may belong to any religion or caste or creed—that has nothing to do with the business of the State”
After independence, like India, Pakistan too adopted Govt. of India Act, 1935 became the base for constitutions, with certain adaptations. In March 1949 “Objective Resolution” was passed, it was considered as foundation stone for the future constitution of the country. It guaranteed fundamental rights to all citizens of Pakistan.
Some provisions of the Constitution of Pakistan regarding minority rights are as follows[2]:
Article 20: Subject to public order, law and morality, every citizen of Pakistan has been granted the right to practice, profess and propagate his religion and any every religious denomination has the rights to establish, manage and maintain its religious institution.
Article 21: Safeguard against taxation for purposes of any particular religion, says the no person shall be forced to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own. No one attending any educational institution shall be forced to take part in any religious ceremony or practice nay religious worship if thet relates to a religion other than his own.
Article 22: Subject to law, no religious community or denomination shall be prevented from imparting religious instruction to its followers in any institution maintained completely by that denomination.
No citizen shall be denied admission to any educational institution receiving aid from government revenues on the ground of religion, race, caste or place of birth.
Article 25: Equality of citizens, says that all citizens are equal before law, there shall be no discrimination on the basis of sex.
Article 26: Non-discrimination in respect of access to public places, in matters of resorts or public entertainment not intended for religious purposes, there shall be no discrimination against any citizen on the grounds of religion, race, sex, caste or place of birth.
Article 27: No qualified citizen shall be discriminated in appointment in the service of Pakistan on the grounds of religion, sex, race, or place of birth.
Thus, there are provisions to uphold the freedom of belief, safety and liberty of minorities in the Constitution of Pakistan but at the same time there are measures which go against the Idea of equality and freedom. For example, Article 25 and 27 guarantee that the citizens are equal before law and no one shall be discriminated in appointment in service of Pakistan but participation of religious minorities in the political arena is restricted by articles 41(2) and 91(3) as they bar non-Muslims from holding positions of President and Prime Minister.
Furthermore, certain provisions of the Constitution specifically discriminate against Ahmadis. In 1974, the Second Amendment to the Constitution was passed, it declared Ahmadis a non-Muslim minority, in contradiction to their self-identity. Discrimination on grounds of religion is also evident in the blasphemy laws, religious minorities, social rights activists and critics have often been targeted by the blasphemy laws. [3]
Pakistan National Commission for Minorities
The horrific suicide attacks that occurred at the All Saints Church in Peshawar on September 22, 2013, served as the catalyst for the establishment of Pakistan’s National Commission for Minorities. The explosions were the bloodiest and most heinous assaults on Pakistan’s Christian minority in its history, leaving 127 worshippers dead and about 250 more injured.
Following the attack, the Pakistani Supreme Court received a number of complaints about both the Peshawar church bombings as well as other issues that religious minorities in the nation were facing.
As a result, the Supreme Court instructed the government to investigate the issue further by creating a National Council for Minorities’ Rights. The purpose of this council is to oversee the effective implementation of the protections and rights granted to minorities by the Constitution and the law. The Supreme Court stated that the Provincial and Federal Governments should appoint this Council to formulate policy proposals for safeguarding and protecting minorities’ rights.
The Case of Bangladesh
The first constitution of Bangladesh, issued in 1972, listed “secularism” as one of the four guiding principles of governmental conduct. Later, in 1977, this principle took the place of the principle of “full reliance and confidence in Almighty Allah.” In 1988, a constitutional amendment designated Islam, the majority religion in the country, as the official religion with the additional stipulation that “other religions can be practiced in peace and concord.” Additionally, the Constitution declared Bangla as the official language of the majority population. The Bangladeshi Constitution does not recognize any minorities, hence they are not entitled to any special protection or opportunities for advancement. However, Part III of the Constitution addresses the protection of human rights for all individuals, equality before the law, prevention of discrimination on the basis of race, color, caste, sex, or place of birth, equal access to public employment, freedom of expression, freedom of thought, freedom of conscience, freedom of speech, and freedom of worship. Bangladesh’s constitution does not explicitly define minorities, but as a member of the international community, it has a responsibility to defend minorities from all types of violence and prejudice. However, discrimination against the religious minority group continues to exist in Bangladeshi society, the legislation, and the way imposition companies handle them. According to Bangladesh’s Hindu-Buddhist-Christian Oikya Parishad, violence against racial and religious minorities surged significantly during the 2018 general election. In recent years, places of worship for Shi’a and Ahmadi Muslims, as well as for Hindus and Buddhists, have all been denounced. Since Islamist groups have campaigned for declaring Ahmadis as non-Muslims, the Ahmadiyya minority in Bangladesh is particularly vulnerable and endures greater humiliation and abuse. Along with them, indigenous and Hindu populations are also at risk of gender-based violence, which is exemplified by rape cases, forced marriages, and particularly conversion of youngsters who inadvertently harm Hindus.
By ignoring minorities’ interests and their presence, the State portrays Bangladesh as a Bengali Muslim state that limits minorities’ ability to exercise their unique customary rights, beliefs, cultures, and ways of life as distinct communities. Contrarily, the existence of majority-privileged laws and rules places minorities in a very insecure situation, particularly in light of the escalating communalism and resulting deterioration of law and order. Throughout several of the Prime Minister’s speeches, both domestically and overseas, he has stressed the value of spiritual freedom and variety to the globe.
Despite some rhetoric and other admirable initiatives, Bangladesh continues to suffer a range of obstacles to the freedom of religion or belief, particularly for its religious minority made by the country’s political elite. Minority rights may only be protected by removing the repressive provisions from the national Constitution and other laws. In order to the greatest extent possible, representative democracy should be enacted and applied to all state bodies. One must adhere to a culture of kindness and respect for everyone. Bangladesh was established through the blood sacrifice of endless amounts. Religious and different ethnic minorities from a variety of immigration groups have also contributed to and participated in the development of the state in their own unique ways. Their services during the liberation fight must still be recognized and commemorated in national history.
Conclusion
The Indian subcontinent being an important geopolitical location and home to a very large population with diverse cultures but shared history needs to uphold human rights and dignity to ensure the stability and prosperity of the region. Minority rights in the region are of great importance to accommodate vulnerable groups in society and to make them contribute in the growth of society. Minority rights help the disempowered groups to fulfil their basic demands and to be treated as equals among equals.
[1] India Constitution, art 15-16, 25-30.
[2] Freedom of religion or belief in Pakistan, Minority Rights Group, https://www.ecoi.net/en/document/2007116.html , last accessed 30th Dec 2022.
[3] Id.
Author – Abhinav Anand
CNLU, Patna