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The time is now to define the term ‘Minority’ in the Indian constitution

Abhinav Singh
by Abhinav Singh
17 March 2022
in Trending
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Minority Assam Himanta Biswa Sarma
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On Tuesday, Assam Chief Minister Himanta Biswa Sarma, known for openly speaking his mind, during a debate on the Governor’s address in the budget session of the Assam assembly pondered upon this particular question — who are the minorities in India?

Sarma gave the example of Assam and remarked how Muslims were no longer a minority, “Muslim population consists 35 per cent of the total population of the state. There is no need to encroach the lands of tribal people residing in the sixth schedule areas. If Das, Kalita Barman, Gogoi, Chutia have not settled on their lands, Islam and Rahman must also refrain from settling in those lands.”

The Chief Minister further said that “power comes with responsibility” and as Muslims constitute 35 per cent of Assam’s population, it is “their duty to protect the minorities here”.

Muslim majority should protect Hindu minority: Himanta Biswa Sarma

He said, “We [Hindus] are minority. But, Muslim population in Assam is over one crore, you are the largest community. Being the largest community in the state today, it is your responsibility to maintain communal harmony. Responsibility has shifted towards you,”

Drawing parallels with the Kashmiri Hindus who were forced to flee their homes, CM Sarma further said, “People ask me if Assamese people will face the same fate as Kashmiri Pandits. It is the duty of Muslims to allay our fear. Muslims must behave like a majority and give us assurance that there will be no repeat of Kashmir here.”

Read More: Himanta Biswa Sarma is seamlessly addressing population rise in Muslim community as Assamese Muslims support him

Hindus are a minority in numerous states and UTs

It is pertinent to note that Hindus are minorities in eight Indian states. Muslims are a majority in Lakshadweep (96.58%) and Kashmir (96%) and there is a significant population of the community in Ladakh (44%), West Bengal (27.5%), Kerala (26.60%), Uttar Pradesh (19.30%), Bihar (18%) and of course Assam (34.20%), as mentioned by Himanta.

Similarly, Christians are certainly in majority in Mizoram (87.16%), Nagaland (88.10%), Meghalaya (74.59%) and there is a significant population in Arunachal Pradesh, Goa, Kerala, Manipur, Tamil Nadu, and West Bengal. Yet the entire community, across the country, is treated as a minority.

What does Minority mean, according to the constitution?

Whenever a democracy like India is faced with such baffling questions, we usually turn towards the constitution – our holy grail for the answers. However, the reader may be surprised to note that the Constitution actually conceives ‘minority’ as an open category to protect the interests of various religious, linguistic, and culturally distinctive groups.

It was nowhere explicitly mentioned that Muslims, Christians etc. are the minorities. In the aftermath of the Babri Masjid case, Congress played its appeasement politics, and the National Commission for Minorities Act (1992) was brought in.

To not make it obvious which community was being serenaded by Congress, Section 2(c) of the National Commission for Minorities Act, 1992 granted minority status to five communities (Muslims, Christians, Sikhs, Buddhists and Parsis) based on their national population.

However, even the 1992 law does not define the term ‘religious minority.’ Instead, it is the central government that is empowered to notify a few communities as “minority” for the purpose of this Act.

Moreover, granting minority and majority status based on the national population is a lazy and bummed approach as established earlier through the figures suggesting Hindus are minorities in dozens of states.

And yet here we stand. Muslims will still be categorized minority in Assam and reap the rewards of different government schemes. Christians in Mizoram will continue to be pampered despite the Hindus and their dwindling population requiring urgent attention.

Using National population numbers to define minority is arbitrary, irrational, and violative of the Constitution

Just the way the definition of secularism has been diluted in India, the word Minority has been exclusively used to denote the Muslims. The Minority commissions that exist on national and state levels are often found exclusively pandering and coughing funds for the Muslims. Other minorities such as Jains, Parsis, and even Sikhs are meted a step-brotherly treatment.

Example: A Jain may be lynched but the news may not make the airwaves. However, the moment a Muslim is lynched, every single authority and body gets into an overdrive mode. This is the kind of mollycoddling towards the Muslim community by political and bureaucratic institutions that has led to the belief that Muslims are a minority throughout India.

Those who follow Hinduism, Judaism and Bahaism are minorities in regions like Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, and Manipur.

However, they cannot establish & administer educational institutions of their choice because of the non-identification of ‘minority’ at the State level, thus jeopardising their basic rights guaranteed under Articles 29 and 30.

Up until last year, Lakshadweep, a Muslim-dominated UT had Fridays – the day of Jumma as a holiday, instead of the usual Sunday. No one batted an eye. However, the moment the secular government overturned the decision, the minority ‘majority’ population of Lakshadweep started feeling threatened.

Read More: ‘No holiday on Jumma Fridays,’ New Lakshadweep administration declares

Currently, Minority is a candy that is distributed to the non-Hindu population by politicians to ensure their proverbial vote banks are filled to the brim. The Centre and the Supreme Court should intervene and ensure that minorities are identified at the state level, not the national level. It is indeed a surprise that decades have passed and yet the country has not been able to produce a cogent and cohesive definition of what constitutes a ‘minority’.

Tags: AssamCongressDefinition of Minority in IndiaDr Himanta Biswa SarmaHindusIndian ConstitutionKashmirMuslims
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Comments 2

  1. Avatar Vivek says:
    3 months ago

    As per UN minority is those below 2 5% of the population

    Reply
  2. Avatar krispree says:
    3 months ago

    What does Minority mean, according to the constitution?

    Any community, particularly indigenous community, based on any unique identity (like religion, linguistic, sex, gender & others) that finds itself scrambling for survival from future extinction is defined as a minority. Ideally any such group whose population percentage is less than 5-10% of the total population should be designated s a minority and deserving of availing all central & state benefits & schemes assigned for minorities. Such a group also automatically secures the constitutional duty of the centre & the state to protect it from discrimination, persecution & community cleansing. Furthermore special incentives & provisions must be provided to such groups that will encourage & enable their population growth to a level that can sustain their community.

    If we talk about religion in India, historically & in all states & UTs today, Jains, Parsis & a couple others stated in the article, suffer from abjectly low population growth with their communities barely constituting even 1-3%. Above them are Buddhists and Sikhs between 3><10%. Therefore these groups must be supported in all ways that'll enable a sustainable growth in their population numbers, like encouraging them to have more kids with support from the government.

    The christian population appears to have grown between 10-15% in the last many decades. Ironically they're in majority in at least 5 NE states with sizable population in the Goa & the south of India in general! Therefore the community isn't scrambling for survival in anyway and therefore they must be restricted in their access to benefits doled out by the government. Furthermore there's the plague of evangelical missionaries indulging in mass conversions through force, deceit & fraud. This has resulted in affecting the demographic equation in many states with the number of Hindus decreasing drastically. There's also the menace of crypto rice bag converts continuing to fake their Hindu SC/ST status to avail benefits & reservations illegally meant for oppressed Hindu communities. So considering all these aspects the community can be addressed as the 3rd largest majority and have govt doles cut down accordingly.

    The same strategy must be followed even more strictly when it comes to the Muslim community. At almost 30% of the whole population it is by no means scrambling for survival in anyway! Across the country in all states the community has a sizeable population and therefore the tag of minority should be removed and it should be assigned as the 2nd majority group in the country! Also given how the dangerous population growth of the community affects demography drastically the group must be encouraged to go for family planning with only upto 2 kids per Muslim man & woman! Incentives & other benefits must be cut off totally for any of them having more than 2 kids. The community must be encouraged to live a quality life by improving their economic status with lesser kids. Also measures must be taken to offset the demographic imbalance between the muslim community & others in each area by bringing in other groups with full protection.

    Coming to Hindu community, it should be designated minority status in states where it's less than 10%. Also considering the slower pace at which the community has grown in the last 7 decades, it must be encouraged to have at most 3 kids per family, with govt support for the economically backward irrespective of the caste within the larger community.

    Reply

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