Conceptual And Legal Framework Of Minority Rights
- IJLLR Journal
- May 1
- 2 min read
Jiya Bardawat, Amity University, Noida
Defining Minorities – Legal, Cultural, and Political Perspectives
The definition of "minorities" is complex, and it differs depending on the context in which it is viewed. In legal, cultural, and political contexts, the definition of minorities is different, each one of which plays an important role in defining their rights and safeguards. Knowledge of how minorities are defined in these contexts is crucial for assessing their legal status and judicial mechanisms for guaranteeing their rights. This section examines the legal, cultural, and political definition of minorities in both international and national contexts, with a particular focus on India's constitutional dispensation.
Legal Definition of Minorities
Legally, the term minorities is generally associated with protection under national constitutions and international human rights documents. Legal definitions usually refer to groups of individuals who are differentiated from the majority population on the basis of factors like religion, ethnicity, language, or nationality. Legal provisions, particularly codified in national constitutions and international treaties, grant special rights and protection to minorities. In India, the Constitution and several statutory provisions define the legal concept of minorities.
Article 29 and 30 of the Indian Constitution 1are pivotal to the safeguarding of minorities. Article 29 ensures the protection of minority rights to preserve their language, script, or culture, while Article 30 provides minorities with the right to set up and manage educational institutions. These articles are meant to avoid the tyranny of the majority and provide minority groups with the legal safeguards required to maintain their identity.
At an international level, minority rights are directed by mechanisms like the UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (1992) and the International Covenant on Civil and Political Rights (ICCPR). These covenants designate minorities as such groups with certain national, ethnic, religious, or linguistic distinctiveness, whose right it is to enjoy their culture, religion, and language. Article 27 of the ICCPR, for instance, states that "persons belonging to minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language."
