Minorities are the people who belong to a certain group which are in very less number in a particular state which makes them susceptible to attack and discrimination. Minority groups are of different types such as racial, religious, linguist, ethnic, cultural, sexual.
The minorities rights have been protected under fundamental rights such as –
- Article 14 (Right to equality)
- Article 15 (Right against discrimination based on caste, religion, creed, sex, race)
- Article 28,29,30 (Cultural and educational rights)
Minorities rights are mentioned under the Directive Principles of State Policy and the rest of the constitution are as follows-
- Articles 38,39,46,49 and 51 (DPSP)
- Articles 331,333,334, 336,337 and 350(B) stated in the constitution
Minority rights are a part of human rights which are set out in the Universal Declaration of Human rights[UDHR] and other international covenants.
The right to establish and administer educational institutions by linguistic and religious minorities is not an absolute right as observed in Re Kerala Education Bill by the Supreme Court. In Managing Board, MTM v State of Bihar, the State Government of Bihar refused to give recognition to a minority teachers training college stating that it did not fulfil the necessary conditions for it, even after the recommendation given by the inspecting committee who inspected the college. The Supreme court concluded that the Bihar Government’s refusal was based on illusionary grounds.
