National Commission for Minorities Act 1992
- February 10, 2021
- Posted by: OptimizeIAS Team
- Category: DPN Topics
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National Commission for Minorities, Act 1992
Subject: Polity
Context: The SC issued notice to the Centre for transfer of cases from several high courts to it against the Centre’s notification to declare five communities Muslims, Christians, Sikhs, Buddhists and Parsee as minorities in states/UT even where they are in majority.
Concept:
- In 2019 The Supreme Court has dismissed a plea seeking guidelines to “identify and define” religious minorities in every State to protect their culture and interests. This plea sought to declare Hindus as minority in states where they are low in population.
- Currently, linguistic minorities are determined by the state government, and the religious minorities are determined by the Centre.
- The term “minority” is not defined in the Indian Constitution. However, the Constitution recognizes religious and linguistic minorities.
Constitutional provisions for minorities:
- Art 15 and Art 16 talks of no discrimination on basis of religion and equality of opportunity.
- Art 25-28 talks of freedom of religion to all communities.
- Art 29 and Art 30 gives special educational and cultural rights to the linguistic and religious minorities.
- Art 350-B talks of Special Officer to investigate all matters relating to the safeguards provided for linguistic minorities under the Constitution.
About National Commission for Minorities Act:
- It was passed in 1992 with the purpose of safeguarding and protecting the interests of minorities as provided in the Constitution of India and laws enacted by the Parliament and the State Legislatures.
- The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992.
- National Commission for Minorities consist of Chairperson, a Vice-Chairperson and five Members.
- The five Members including the Chairperson shall be from amongst the minority communities.
- The Act mentions an annual report, together with the memorandum of action taken on the recommendations contained therein, as well as the reasons for non-acceptance of the recommendations, if any, be tabled before Parliament annually.
- Initially five religious’ communities, viz., Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities by the Union Government. Further in 2014, Jains were also notified as another minority community.
- State Government constituted State Minorities Commissions in their respective State Capitals.
- Aggrieved persons belonging to the minority communities may approach the concerned State Minorities Commissions for redressal of their grievances.
- Moreover, they may also send their representations to the National Commission for Minorities, after exhausting all other official mechanism of remedies available to them.