Protection of Minorities


Book Description

We live in a world that not only sets standards for, but also professes its commitment to promoting and protecting ‘rights’. Since ours is an age of heightened public interest in auditing the actual realisation of such standards and commitment, the first major focus of this book is a critical account of international standards aimed at the protection of minorities. To that end, it concentrates on four key dimensions. Firstly, it addresses the issue of the identification of minorities as understood by international law. Secondly, it outlines a brief history on the development of international law towards improving the protection of minorities. Thirdly, it gives an overview of international instruments and mechanisms on minorities. Finally, it analyses the rights of minorities under international standards. All these dimensions point to the fact that international minority rights lag behind the development of other branches of rights. The second major focus of this book is to relate international standards on minority protection to South Asian regimes. Concentrating on India, Pakistan, Bangladesh, Nepal, Sri Lanka, Bhutan, the Maldives, and Afghanistan, an endeavor is made to examine the state of minorities and their protection under the domestic regimes. It emerges that the normative commitments of these states are more or less compatible with international standards. Nevertheless, majority-minority syndrome persistently remains as one of the causes behind multidimensional deprivation and victimization of South Asian minorities. The present book also assesses the extent to which regional cooperation in South Asia has so far contributed to extending protection to minorities. This ends with an argument that SAARC (South Asian Association for Regional Cooperation) has the potential to play a far greater role in this regard.




Research Handbook on the Politics of Constitutional Law


Book Description

This Research Handbook deals with the politics of constitutional law around the world, using both comparative and political analysis, delivering global treatment of the politics of constitutional law across issues, regions and legal systems. Offering an innovative, critical approach to an array of key concepts and topics, this book will be a key resource for legal scholars and political science scholars. Students with interests in law and politics, constitutions, legal theory and public policy will also find this a beneficial companion.




The Oxford Handbook of the Indian Constitution


Book Description

The Indian Constitution is one of the world's longest and most important political texts. Its birth, over six decades ago, signalled the arrival of the first major post-colonial constitution and the world's largest and arguably most daring democratic experiment. Apart from greater domestic focus on the Constitution and the institutional role of the Supreme Court within India's democratic framework, recent years have also witnessed enormous comparative interest in India's constitutional experiment. The Oxford Handbook of the Indian Constitution is a wide-ranging, analytical reflection on the major themes and debates that surround India's Constitution. The Handbook provides a comprehensive account of the developments and doctrinal features of India's Constitution, as well as articulating frameworks and methodological approaches through which studies of Indian constitutionalism, and constitutionalism more generally, might proceed. Its contributions range from rigorous, legal studies of provisions within the text to reflections upon historical trends and social practices. As such the Handbook is an essential reference point not merely for Indian and comparative constitutional scholars, but for students of Indian democracy more generally.







Indian Constitutional Law


Book Description




Nation-state and Minority Rights in India


Book Description

The blood-laden birth-pangs of the Indian "nation-state" undoubtedly had a bearing on the contentious issue of group rights for cultural minorities. Indeed, the trajectory of the concept ‘minority rights’ evolved amidst multiple conceptualizations, political posturing and violent mobilizations and outbursts. Accommodating minority groups posed a predicament for the fledgling "nation-state" of post-colonial India. This book compares and contrasts Muslim and Sikh communities in pre- and post-Partition India. Mapping the evolving discourse on minority rights, the author looks at the overlaps between the Constitutional and the majoritarian discourse being articulated in the public sphere and poses questions about the guaranteeing of minority rights. The book suggests that through historical ruptures and breaks , communities oscillate between being minorities and nations. Combining archival material with ethnographic fieldwork, it studies the identity groups and their vexed relationship to the ideas of nation and nationalism. It captures meanings attributed to otherwise politically loaded concepts such as nation, nation-state and minority rights in the everyday world of Muslims and Sikhs and thus tries to make sense of the patterns of accommodation, adaptation and contestation in the life-world. Successfully confronting and illuminating the challenge of reconciling representation and equality both for groups and within groups, this exploration of South Asian nationalisms and communal relations will be of interest to academics in the field of South Asian Studies, in particular Sociology and Politics.




Mothering a Muslim


Book Description

What does it mean to be a middle-class Muslim kid in India today? Talking to over a hundred children and their parents across twelve cities, Nazia Erum uncovers stories of religious segregation in classrooms and rampant bullying of Muslim children in many of the countryÕs top schools.




Rights in The Indian Constitution - English


Book Description

The Indian Constitution guarantees a comprehensive set of rights to its citizens. These rights are enshrined in Part III (Articles 12 to 35) of the Constitution, often referred to as the Fundamental Rights. Here’s an overview of the key rights guaranteed: Right to Equality (Articles 14-18): This includes equality before law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of public employment. Right to Freedom (Articles 19-22): This encompasses the freedoms of speech and expression, assembly, association, movement, residence, and profession. Right against Exploitation (Articles 23-24): This prohibits trafficking in human beings and forced labour. Right to Freedom of Religion (Articles 25-28): This guarantees freedom of conscience and free profession, practice, and propagation of religion. Cultural and Educational Rights (Articles 29-30): These provide protection to minorities to conserve their language, script, or culture and the right of minorities to establish and administer educational institutions. Right to Constitutional Remedies (Article 32): This empowers citizens to move to the Supreme Court for the enforcement of Fundamental Rights through writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto. Additionally, the Directive Principles of State Policy (Part IV of the Constitution) lay down the aims and objectives to be taken into consideration by the government while formulating policies and making laws. Though not enforceable by the courts, these principles are fundamental to the governance of the country. The Constitution also guarantees other important rights such as the right to life and personal liberty (Article 21), which has been interpreted expansively by the Supreme Court to include various aspects such as the right to privacy, dignity, clean environment, and adequate nutrition. Overall, the Indian Constitution provides a robust framework of rights designed to ensure justice, liberty, equality, and fraternity to all citizens.




THE CONSTITUTIONAL RIGHTS OF THE MINORITIES


Book Description

The expression minority has been derived from the Latin word Minor and the suffix ity which means small in number. According to encyclopedia of Britannica minorities means group held together by ties of common descent, language, or religious faith and feeling different in these respect from the majority of the inhabitant of a given political entity. J. A. Laponce in his book The Protection To Minority. described minority as a “group of persons having different race, language or religion from that of majority of inhabitant. In the year book of Human Rights United Nations Publications 1950 minority has been described as non-dominant groups having different religion or linguistic traditions than the majority population.