Who are the minority in India according to the Constitution 

1. In India, the federal government selects who is eligible for minority community status. It is done following the National Commission for Minorities Act of 1992. Only those from the communities listed in Section 2(c) of the 1992 law are considered minority citizens.


 2. The federal government recently informed the Supreme Court that states might determine the minority status of eligible groups within their territorial authority. This was done in response to a public interest litigation (PIL) brought by BJP leader Ashwini Upadhyay.  


3. The petitioner claimed that persons from majority groups are recognized as minority citizens in various states and union territories, including Jammu and Kashmir, Nagaland, Arunachal Pradesh, Manipur, Mizoram, Lakshadweep, and Punjab, and hence get disproportionate privileges. 

4. He contended that adherents of Hinduism, Buddhism, Judaism, and Bahaism constitute a numerical minority in these states yet are denied advantages.


Can states grant minority status to communities? 

1. The central government in the Supreme Court said that individual states might consider granting Hindus minority status within their territorial jurisdiction if the community is not in a majority. 

2. The central government argued that such a move would enable the ‘minority’ Hindus of the state to establish and administer educational institutions of their choice. 



Means for protecting minorities 

The Indian Constitution has a few significant provisions for minorities in India. In short, the following are discussed: 

1. Article 15(1)&(2) - Prohibition of discrimination against citizens on the basis of religion, race, caste, gender, or place of birth. Article 16(1)&(2) - Citizens' right to equal opportunity in issues pertaining to employment or appointment to any position under the State. 

2. Article 25(1) - Conscience freedom and the right to freely profess, practise, and promote religion - subject to public order, morality, and other Fundamental Rights 

3. Article 28 - Complete protection of people's rights to attend religious instruction or religious worship in educational institutions Article 30(1) - The right of all religious and linguistic minorities to construct and run educational institutions of their choosing 


4. Article 30(2)
- Freedom from discrimination in receiving State financing for minoritymanaged educational institutions. 

[by- Priyanka Ray ,editorial team]



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