Legal Wing

Constitutional rights and safeguards provided to the minorities in India

1. Constitutional safeguards for religious and linguistic minorities of India

Though the Constitution of India does not define the word ‘Minority’ and only refers to ‘Minorities’ and speaks of those ‘based on religion or language’, the rights of the minorities have been spelt out in the Constitution in detail.

2. ‘Common Domain’ and ‘Separate Domain’ rights provided in the Constitution

The Constitution provides two sets of rights of minorities which can be placed in ‘common domain’ and ‘separate domain’. The rights which fall in the ‘common domain’ are those which are applicable to all the citizens of our country. The rights which fall in the ‘separate domain’ are those which are applicable to the minorities only and these are reserved to protect their identity. The distinction between ‘common domain’ and ‘separate domain’ and their combination have been well kept and protected in the Constitution. The Preamble to the Constitution declares the State to be ‘Secular’ and this is a special relevance for the Religious Minorities. Equally relevant for them, especially, is the declaration of the Constitution in its Preamble that all citizens of India are to be secured ‘liberty of thought, expression, belief, faith and worship and ‘equality of status and of opportunity.’

2.1 ‘Common Domain’, the Directive Principles of State Policy – Part IV of the Constitution 

The Constitution has made provisions for the Fundamental Rights in Part III, which the State has to comply with and these are also judicially enforceable. There is another set of non-justiciable rights stated in Part IV, which are connected with social and economic rights of the people. These rights are known as ‘Directive Principles of State Policy’, which legally are not binding upon the State, but are “fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws”. (Article 37). Part IV of the Constitution of India, containing non-justiciable Directive Principles of State Policy, includes the following provisions having significant implications for the Minorities :-

1. obligation of the State ‘to endeavour to eliminate inequalities in status, facilities and opportunities’ amongst individuals and groups of people residing in different areas or engaged in different vocations;[Article 38 (2) ]
2. obligation of State ‘to promote with special care’ the educational and economic interests of ‘the weaker sections of the people’ (besides Scheduled Castes and Scheduled Tribes); [Article 46] and 

2.2 ‘Common Domain’, the Fundamental Duties – Part IVA of the Constitution

Part IVA of the Constitution, relating to Fundamental Duties as provided in Article 51 A applies in full to all citizens, including those belonging to Minorities. Article 51A which is of special relevance for the Minorities stipulates as under :-

1. citizens’ duty to promote harmony and the spirit of common brotherhood amongst all the people of India ‘transcending religious, linguistic and regional or sectional diversities; and 
2. citizens’ duty to value and preserve the rich heritage of our composite culture.’

There are :

2.3 ‘Common Domain’, the Fundamental Rights – Part III of the Constitution

2.4 ‘Separate Domain’ of Minority Rights

The Minority Rights provided in the Constitution which fall in the category of ‘Separate Domain’ are as under:-

1. right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct language, script or culture’; [Article 29(1)]
2. restriction on denial of admission to any citizen, to any educational institution maintained or aided by the State, ‘on grounds only of religion, race, caste, language or any of them’; [Article 29(2)]
3. right of all Religious and Linguistic Minorities to establish and administer educational institutions of their choice;[Article 30(1)]
4. freedom of Minority-managed educational institutions from discrimination in the matter of receiving aid from the State;[Article30(2)]
5. special provision relating to the language spoken by a section of the population of any State;[Article 347]
6. provision for facilities for instruction in mother-tongue at primary stage;[Article 350 A]
7. provision for a Special Officer for Linguistic Minorities and his duties; and [Article 350 B]
8. Sikh community’s right of ‘wearing and carrying of kirpans; [Explanation 1 below Article 25] 

3. India’s multi-culturalism interwoven in the Constitution

The various Articles of the Constitution providing rights to the minorities, clearly and firmly point out to only one direction: that of a multi-religious, multi-cultural, multi-lingual and multi-racial Indian society, interwoven into an innate unity by the common thread of national integration and communal harmony. By the yardstick adopted by the framers of the Constitution and crystallized into its provisions the Indian Nation is not just a conglomeration of individual inhabitants of this State; it comprises of two distinct categories of constituents. The two-tier commonwealth of Indian Nation includes, on one hand, every citizen of India individually and, on the other hand, the multitude of religious, linguistic, cultural and ethnic groups among its citizens.

4. Protection of weaker sections in Indian pluralistic society

The social pluralism of India, as fortified by the unique Constitutional concept of secularism, raises the need for the protection and development of all sorts of weaker sections of the Indian citizenry – whether this ‘weakness’ is based on numbers or on social, economic or educational status of any particular group. The Constitution, therefore, speaks of Religious and Linguistic Minorities, Scheduled Castes, Scheduled Tribes and Backward Classes and makes – or leaves room for making – for them special provisions of various nature and varying import.

The NCC Legal Wing will endeavour to inform about the salient features of the Indian Constitution, its Rights and its Duties to all especially to the Minorities.  It will seek to network Lawyers that are interested to serve the needy with their professional knowledge to be coordinating their efforts at the National level, within a State, District and at the sub divisional court levels. 

A team of willing and available lawyers will be networked to be available when in times of need be it to file a proper FIR, (First Information Report) or to channel a rejected complaint when rejected at a local Police Station to the concerned Superintendent of Police.  

This Wing will collaborate with like minded agencies that provide legal help and assistance by sharing information or by entering into a Memorandum of Understanding where possible.   The goal is to constitute a team of lawyers at every court level, Supreme Court, High Court, District Court and Sub Divisional Courts. 

To ensure that all the poor and needy and vulnerable get legal assistance with special attention to the minorities

Major activities of the Legal Wing:

Following the example of Shadow Minister appointed by the leader of  opposition in some countries’ parliamentary system the NCC  National, State and District Wing leaders fulfil the responsibility of scrutinizing (closely examining) the work of the government department  and individual ministers.  Each Shadow Minister concentrates on the work of a particular minister and a government department. They thoroughly understand the department that they “shadow” and make necessary suggestions and bring up issues that needs to be highlighted. So the Legal Wing President will be a Shadow Minister to: http://lawmin.gov.in/  

1. To conduct Human Rights Seminars and meetings across the country at various levels and promote the awareness on Human Rights and Minorities Rights.
2. To unite the like minded law professionals from every State, District and at local Sub Divisional Court levels to be able to utilize their services when required.
3. The State Legal Wing President will suggest the names of the committed lawyers to the NCC District President who will appoint them as the District Legal Wing President or Members of the District of Legal Wing.
4. The State Legal Wing will meet as often as a legal crisis arises for the minorities and not less than twice a year.
5. The District Legal Wing should meet as often as needed and not less than three times a year.
6. To train the young men and women for facing the challenges of the pluralistic society in accordance with law and to ensure peace and harmony is promoted by delivering justice to all
7. To act as a watch dog for any kind of human rights, liberties & social justice violations, violations on the minorities by other vested interests or through acts of commission and omission by any officials in authority or by police and to make necessary processes to set right those violations if any.
8. To act as an advocacy group regarding issues that impacts the minorities in the social, economic, spiritual and other aspects of lives of the citizens of India..
9. To approach the competent Central Government / State Government / Police / Human Rights Commissions / Court / Courts to safeguard the rights of the Minorities from time to time as issues surface. 
10. To actively join hands with the Government of India to promote Human Rights education and help, legal, social and economic empowerment too all  Minorities women and prevent  their exploitation in any form.
11. To provide legal aid and advice for the minorities freely or only at a reasonable cost.
12. To study any laws or Acts proposed by the Central or various State Governments if they are by chance non constitutional or against the minorities’ interests in their spirit or in words.