Give the grounds which disqualifies one's complaint from being admitted by National commission for minorities.
Answers
The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Six religious communities, viz; Muslims, Christians, Sikhs, Buddhists, Zoroastrians (Parsis) and Jains have been notified in Gazette of India as minority communities by the Union Government all over India . Original notification of 1993 was for five religious communities; Sikhs, Buddhists, Parsis, Christians and Muslims.
Although Indian Constitution does not define word Minority but it has provided constitutional safeguards and fundamental rights to minorities:
Under Fundamental Rights Part III of Indian Constitution Edit
Indian state is committed to administer these rights which can be enforced by judiciary
Right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct language, script or culture’; [Article 29(1)]
Right of all Religious and Linguistic Minorities to establish and administer educational institutions of their choice;[Article 30(1)]
Freedom of Minority-managed educational institutions from discrimination in the matter of receiving aid from the State;[Article30(2)]
Under Part XVII Official Language of Indian Constitution Edit
Rights for any section of population for language spoken by them ;[Article 347]
Provision for facilities of instruction in mother tongue ; [Article 350A]
Provisioning a special officer for linguistic minorities and defining his duties ; [ Article 350B]
There are many grounds on which the Commission typically declines
admitting the complaint. Firstly, it does not entertain or admit cases or
complaints that do not relate to Minority status or rights. Secondly, the
complaint should not be pending before another court or commission, i.e.,
matters that are sub judice. Thirdly, where the complainant has not availed of
other ordinary judicial/quasi-judicial/administrative institutions that are
available for redressal, the Commission does not admit such matters unless
the complainant has reasonable justification. Fourthly, the complaint should
not relate to events that are more than one-year old. Fifthly, complaint should
not be vague, anonymous, pseudonymous or frivolous. Lastly, Commission
does not entertain complaints that are not directly addressed to it.
Like, the NHRC, the National Commission for Minorities can also take action
sou motu based on newspaper reports or other findings. Applications of complaints are required to be sent to the Commission and addressed directly
to the Secretary, National Commission for Minorities, New Delhi. It does not
charge any fee for lodging a complaint.
for more info check 'www.ncm.nic.in.'