Abstract

The concept of majority rule and respect for minority rights is demonstrated in several constitutions of the world. Oppression by the majority of the minority is barred by articles of these respective constitutions. Today, democracy is mostly a method of government of the people that is ruled by the people. The issue of minority rights is at the center of the concept of civic rights. Minority protection, thus, operates on the hypothesis that religious, cultural, and linguistic affiliations are essential features of the very notion of a civic, just society. This paper offers an alternative account of why minority rights have international significance and more information on the value of an international, socially just process for the allocation of resources by states. By this approach, international minority rights speak to the wrongs that international law itself produces by organizing international political reality into a legal order. This article focuses on the uncertain effect of religious autonomy in India and the outcome of democracy in the country. While the Indian constitution guarantees autonomy to its religious minorities and promises minorities their freedoms, Indian democracy, which was once considered remarkable in scale and duration, has been weakened by the rise of xenophobic nationalism and threats to religious minorities. Even the safety and religious freedom of minorities have been compromised during COVID-19. In the last few decades, these trends have been clear; however, they have dramatically increased in the last few years, and the administration has turned a blind eye.

Highlights

  • In every genuine democracy today, majority rule is both endorsed and limited by the supreme law of the constitution, which protects the rights of individuals

  • International minority rights speak to the wrongs that international law itself produces by organizing international political reality into a legal order

  • In Re: The Kerala Education Bill50, the Supreme Court opined that, while it is easy to say that a minority means a community that is numerically less than 50 per cent, the important question is, 50% of what? Should it be of the entire population of India, or of a state, or a part thereof? It is possible that a community may be a majority in a state but a minority in the whole of India

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Summary

Introduction

In every genuine democracy today, majority rule is both endorsed and limited by the supreme law of the constitution, which protects the rights of individuals. The concept of majority rule and respect for minority rights is demonstrated in many Constitutions of the world for example, the American and Indian constitutions (Jefferson 2006). In order for the people’s will to govern, a system of majority rule with respect for minority rights has been put into place. The national government used its strengthened parliamentary majority to institute national level policies violating religious freedom across India, especially for the Muslim minority community. The Indian constitution guarantees autonomy to its religious minorities, and promises the freedom to manage their religious affairs independently Article 15, which encapsulates one of the fundamental rights of India’s constitution, explicitly prohibits discrimination on grounds of religion, besides race, caste, sex, or place of birth.. Default/files/India.pdf, accessed on 16 June 2020. 4 Rasheed Kidwai, Naghma Sahar (July 2020) Observer research foundation COVID-19 and Indian Muslims https://www.orfonline.org/expertspeak/covid19-indian-muslims-69519/ (accessed on 23 December 2020). 5 (Indian Constitution, Article 30 see (Das Basu 2008)). 6 Ibid

Protection of Minorities—Historical Development
Minorities Rights under International Law
Minorities in India
National Register of Citizens
Anti-Cow Slaughter Laws
Sponsored Religious Discrimination
Attacks on Muslims and Segregation
Rumors and Misinformation on Media
Supreme Court Intervention
Findings
Conclusions
Full Text
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