What steps have been taken to safeguard that the majority does not dominate or discriminate against the religious minorities?
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Answer:
Although the term ‘minorities’ is not defined in the Constitution, from the Constituent Assembly Debates, it can be gathered that the Constitution Makers used it to connote numerically vulnerable group in the power equation of State population. In the background of territoriality of dominant linguistic groups with an interspersing of other numerically less linguistic groups within the State territory, the concept of numerical test with reference to religion in State like Punjab, Jammu and Kashmir and Nagaland makes Sikhism, Islam and Christianity, the majority religions in those States respectively.[4] It is submitted, as the state action in the sphere of lower and general education flows from the member of a federal organisation, the numerical test is objective and rationally distinguishes between the dominant and the vulnerable groups. It also conforms to the UN definition of minority, which looks to the minority as a distinctly vulnerable group and to its rights as collective rights. Ever since In re, Kerala Education Bill[5], the Supreme Court has been applying the numerical test, which poses the question whether the population of a linguistic or religious community claiming the minority status is below 50 per cent of the State population. Accordingly, in D.A.V. College, Bhatinda,[6]Hindu religion was regarded as a minority religion in Punjab. The expression ‘All minorities’ suggest the implied existence of equality amidst minorities about their entitlement under Article 30(1). Hence, a government rule which provides for separation between girls school and boys school and compels the girls of one minority community to study in a school of another community in the same vicinage instead of studying in its own MEI is unconstitutional vis-à-vis minorities, as held in Mark Netto
Answer:
HI.
MINORITY SAFEGUARDS IN INDIA
The problem of minorities is a universal phenomenon. In the present day context there is no state in the world has free from some kind of minorities.Although the existence of minorities is universal, the nature of minority problem is not always and everywhere the same. It assumes different forms and intensity in various parts of the world at different times and has taxed the brains of statesman, thinkers and social scientists. A number of national and international treaties and agreements have been concluded for the protection of minorities at different intervals of history.Since the rise of democracy in the 18 century, the problem of minorities has become a serious political question and has played a great role in national and international affairs. The first criterien to solve this problem in a democratic country is the recognition of equal rights and duties for all,irrespective of religion, race, caste or language. So it is only democracy that recognizes different minorities and provides them equal treatment. It is also often stated that the efficiency of democracy lies in giving fair treatment to minorities. On the other hand, minorities have no place in a totalitarian regime,where everything exists for the state. So the minorities cannot keep their separate identities therein. They have submerged themselves in the state itself.So the problem of minorities as such is essentially a problem of democracy.
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