SECTARIANISM UNDER THE INDIAN CONSTITUTION

Abstract

In the Republic of India, discrimination on the basis of religion has always been a real threat that affects the lives of Indian minorities on a daily basis. While there exists an extended amount of legislation and State policy that attempts to prohibit discrimination against religious groups, such protection is not offered to sectarian groups within minorities. This paper first brings the sectarian struggle to light and underscores the lacunae in the law of India when it comes to extending protection to its sectarian minorities. It then analyses the intent of the Constitutional Assembly behind Article 15 of the Indian Constitution and argues an extension of its protection be made to the sectarian groups as well. After analyzing the intent, the landmark judgements of the Supreme / High Courts of India are studied to ascertain the status quo of the sectarian minorities in India. This is followed by a study of the cases of Sectarian Violence in India, firmly establishing the fact that Sectarian Discrimination is an ever-present threat in India. Finally, the international obligations of India towards its sectarian groups are highlighted. The rights of sectarian groups have been overshadowed by the existence of more overt religious conflicts in India but the existence of these conflicts do not erase the discrimination faced by sectarian minorities in India, and as such, it is the duty of the justice system to protect them.