HISTORY OF PROTECTION OF MINORITY RIGHTS IN INDIA
Some people think that the idea of India as a nation-state was influenced by European nationalism, and they don’t like the idea of a varied population associated with it. 10. In their pursuit of homogeneity, European governments first aimed to build strong, united national communities. As a result, any indication of discord greatly troubled them. According to postcolonial critics, India’s goals have always been put on the back burner in favour of a homogenous population, which has meant that minority identities and ambitions have had very little chance of being realised. The fractured and sectarian character of Indian politics prevented the realisation of the “participatory parity” that had been promised to all segments of the Indian population. Achieving fair distribution of resources and respecting culturally varied social groupings were both hindered by the national identity’s support of the Hindu majoritarian identity[1]. Due to their exclusion from nationalism and confinement to the nation-state, these communities faced a difficult dilemma. As a result, several micro-identities thrived. This led to the categorisation of several Indian populations as “minorities, marginalised, and explicitly excluded/subaltern,” even though they were actually citizens of India. Amit Gopal Thus, in two ways, the emancipation struggle was helped forward by the growth of this kind of regional and local consciousness. In spite of this, it appears to have stifled the desire of people in many parts of the world to fight against British rule by developing a strong sense of Indian motherhood and thus creating their own cultural identities. The apparent disagreement between the communities, who championed the slogan “India-a United Nation,” and the British authorities, who emphasised the variety of castes, communities, tribes, and language groups, originated from the fact that India sought national unity in opposition to British rule, even as it was bringing different cultural and linguistic groups together into separate ethnic and communal identities.
THE CONSTITUTIONAL CONSENSUS FOR THE RESOLUTION OF THE MINORITY QUESTION:
Under Sardar Patel’s leadership, the Constituent Assembly formed an Advisory Committee on Fundamental Rights to address the needs of India’s minority groups, including their rights to equal treatment and safeguards. A total of seventeen H.C. Mukherjee presided over a minority-only subcommittee that was one of five formed by the Advisory Committee to address basic rights. , Many steps to protect India’s minority groups were suggested by the group. Because of the history of rising ethnic tensions, the plan to create separate electorates for minorities was rejected. So, it was decided that all elections for the provincial and federal legislatures would be held by collective electorates, with seats given to certain minority groups based on their population proportions. Before reaching a final decision on reservations, it was suggested that they be tested out experimentally for up to ten years. 18 Muslims, Sikhs, Christians, Anglo-Indians, Parsis, and tribal inhabitants from the Assamese plains should be given parliamentary seats according to their demographic proportions, according to the advisory committee’s final resolution. The Advisory Committee’s suggestions were included in the draft constitution by October 1947. It was thought that, given the current state of affairs, it would be difficult to divide the nation’s seats among minority groups according to their beliefs. 19. Consequently, during a subsequent meeting of the Constituent Assembly, the Advisory Committee presented a plethora of new ideas pertaining to minorities. [2]It is absolutely unacceptable for any part of the country to pass a law that prevents minorities from practicing their religion, learning about their history, or using their language.
Regardless of their religious, linguistic, or geographical ties, all minority groups inside the nation have the ability to create and administer educational institutions. Institutions of higher learning run by members of under-represented communities shall not face biassed funding from the state.
[1] Menon, Parvathi. “The Uncomfortable Balance between a Minority and a People: The Global/Local Disconnect.” International Journal on Minority and Group Rights, vol. 24, no. 3, 2017, pp. 254–72. JSTOR, https://www.jstor.org/stable/26557866. Accessed 30 Mar. 2025.
[2] Hasan, Zoya, ‘2 Reservation, Minority Rights, and the Making of the Constitution’, Politics of Inclusion: Castes, Minorities, and Affirmative action (Delhi, 2011; online edn, Oxford Academic, 20 Sept. 2012), https://doi.org/10.1093/acprof:oso/9780198076964.003.0002, accessed 30 Mar. 2025.