October 11, 2021

MINORITY RIGHTS

Some articles in the Indian Constitution which openly or silently speak about the rights and privileges of minorities in India. 

Article 38 ensures that the state to secure a social order for the promotion of welfare of people permeated by justice- social, economic and political and to minimise inequalities in income, status, facilities and opportunities.

Article 39 states free legal assistance and equal justice of various dimensions. It directs the state to secure livelihood for all the citizens, equitable distribution of material properties for the common good. It also gives provision for the prevention of concentration of wealth, equal pay for equal work and for giving opportunities, facilities to the children for the development.

Minority rights in India protect people from being discriminated against on grounds of their ethnic cultural, linguistic or religious identity. Individuals belonging to minorities must be able to learn and use their language, use their own names, preserve and freely express their identity. Minority rights, therefore, guarantee equality before the law, protection of basic freedom, non-discrimination and protection against violence on the grounds of identity, participation in political and public life, possibilities for cooperation with other communities and organisations within states and across borders.

Rights of Minorities are the inherent part of human rights. They promote tolerance and respect for diversity.  Their aim is to ensure that minorities and majorities live peacefully together and support each other in building a better future.

Minorities faced various problems such as problems of getting protection, problems of communal tensions and riots, the problem of lack of representation in civil service and politics and the problem of separatism. Other problems are failure to stick to secularism, problems relating to the introduction of a common civil code.

Minority rights are part of the general human rights framework and must be protected through national legislation, appropriate government policies, and the support of the civil society.

Based on the universality of human rights and the fundamental principle of equality and non-discrimination, the UN High Commissioner for Human Rights strives to promote and protect the human rights of all, everywhere. The promotion and protection of the rights of persons belonging to minorities is therefore an integral responsibility and significant priority of the High Commissioner, including field presences. More specifically, the High Commissioner is called upon to promote implementation of the principles contained in the Minorities Declaration and to engage in a dialogue with Governments concerned for that purpose

Majority rule is limited in order to protect minority rights, because if it were unchecked it probably would be used to oppress persons holding unpopular views. Unlimited majority rule in a democracy is potentially just as despotic as the unchecked rule of an autocrat or an elitist minority political party.

Human Rights are universal, and civil, political, economic, social and cultural rights belong to all human beings, including members of minority groups. Members of minorities are entitled to the realization of all human rights and fundamental freedoms on equal terms with others in society, without discrimination of any kind. Minorities — both the individuals belonging to minorities and the minorities as groups — also enjoy certain human rights specifically linked to their minority status, including their right to maintain and enjoy their culture, religion, and language free from discrimination.

In a free democracy like India, minorities should never feel oppressed. To sum up it can be said that the obligations of the constitution to protect the rights of minorities from operation wardens discrimination matters a lot. Mahatma Gandhi once rightly said that the civilized nature of a country should not be judged by the way it treats minorities. Though the record of India in this change since independence does not appear to be satisfactory we still wish that democratic ideas in the preamble of the Indian Constitution will someday be a reality for minorities as well.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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