Col B S Nagial (Retd)
Jammu and Kashmir is known for its diverse ethnic, religious, and linguistic composition.In J&K, minority communities include Buddhists, Christians, Sikhs, and several ethnic and linguistic groups.The Constitution of India acknowledge these communities as minority groups and provides for certain protections for their rights and interests. For example, the National Commission for Minorities Act and the Minorities Educational Institutions (Reservation of Seats) Act provide for the reservation of seats for minority communities in educational institutions and for the protection of their rights.However, despite these provisions, minority communities in Jammu and Kashmir have faced several challenges, such as discrimination, poverty, and marginalisation. There have been instances of violence and conflict between different minority communities, as well as between minority communities and the majority population.
According to the 2011 Census of India, the population of J&K was approximately 12.5 million.The Muslims, with 67.16% of the population, are in the majority and Hindus, with 31.17% of the people, are in the minority.Most of the population comprises Kashmiri-speaking Muslims, who form a majority in the Kashmir Valley, and Hindu-speaking Dogras, who form a majority in the Jammu region. In addition, several minority communities, including Buddhists, Christians, Sikhs, and several ethnic and linguistic groups.The ethnic and linguistic diversity of Jammu and Kashmir is reflected in several regional languages, including Kashmiri, Dogri, Ladakhi, and Pahari, among others. The state’s religious diversity is reflected in various religious communities, including Muslims, Hindus, Buddhists, Sikhs, and Christians.
The Indian Constitution recognises this diversity and provides several benefits to minority communities in the country to ensure their welfare and development. Some of the key benefits include:
Economic benefits: The Indian government provides various schemes and programs for the economic upliftment of minority communities, including minority-specific scholarships, credit facilities, and entrepreneurship development programs.
Social benefits: The government provides several social welfare schemes for minority communities, including health care, housing, and education. Additionally, the government has established special educational institutions for minority communities to help them improve their educational standards.
Religious benefits: India is a secular country, and the government recognises the right of individuals to practice their own religion. The government provides financial assistance to repair and maintain religious places of worship belonging to minority communities.
Political benefits: The Indian Constitution provides particular representation to minority communities in the country’s political process. This includes reserved seats in the Parliament and state legislatures and the appointment of minority representatives to various governmental bodies.
Several political benefits are provided to minority communities to ensure their representation and participation in the country’s political process. Some of the critical political benefits for minorities in India include:
Reserved seats in the Parliament: The Indian Constitution provides reserved seats in the Lok Sabha (lower house of Parliament) and state legislative assemblies for members of the Scheduled Castes and Scheduled Tribes, who are considered to be among the most marginalised communities in India.
Representation in government bodies: The Government of India appoints members of minority communities to various governmental bodies, such as the National Commission for Minorities and the State Minorities Commissions, to ensure that their voices and concerns are heard.
Political quotas: Some states in India have implemented political quotas for minority communities, which provide for a certain percentage of seats in the legislative assemblies to be reserved for minority candidates.
Right to vote: All Indian citizens, regardless of their minority status, have the right to vote and participate in the country’s political process. The government has taken steps to increase the political participation of minority communities, such as increasing voter education and awareness programs.
The Constitution of India does not define the word ‘Minority’ and only refers to ‘Minorities’ and speaks of those ‘based on religion or language’. The rights of minorities have been spelt out in the Constitution in detail.The Constitution provides rights for minorities which can be placed in the ‘common domain’ and ‘separate domain’. The ‘common domain’ rights apply to all our country’s citizens. The rights which fall in the ‘separate domain’ are those which are relevant to the minorities only, and these are reserved to protect their identity. The distinction between ‘common domain’ and ‘separate domain’ and their combination has been well-kept and protected in the Constitution. The Preamble to the Constitution declares the State to be ‘Secular’, which is particularly relevant for Religious Minorities. Equally relevant for them, especially, is the declaration of the Constitution in its Preamble that all citizens of India are to be secured ‘liberty of thought, expression, belief, faith and worship and ‘equality of status and opportunity.’The Constitution, therefore, speaks of Religious and Linguistic Minorities, Scheduled Castes, Scheduled Tribes and Backward Classes and makes – or leaves room for making – for them special provisions of various natures varying import.
According to the Constitution of India, the central government has the power to notify a community as a minority if it is satisfied that the community is numerically smaller than the rest of the population and is socially and educationally backwards. In practice, the government has notified five communities as minorities: Muslims, Christians, Buddhists, Sikhs, and Parsis.
The declaration of minority status is essential because it gives minority communities certain constitutional protections and gives them special assistance and support from the government to promote their education, culture, and socio-economic development.
State-level minorities are minority communities recognised by the state government in a particular state. The state government can notify a community as a minority if it is satisfied that the community is numerically smaller than the rest of the population in that state and is socially and educationally backwards. The list of state-level minorities varies from State to State and may include communities not recognised as national-level minorities.
With the notification of the Jammu & Kashmir Reorganization Act, 2019 No.34 of 2019 (Sr, No.63), the National Commission for Minorities Act, 1992, as applicable in other parts of the country, has also been extended to the UTs of Jammu & Kashmir and Ladakh. The abolition of Article 370 has removed the obstacles in the path of progress and prosperity in Jammu & Kashmir and Leh-Ladakh. 170 Central laws, which were not applicable earlier, have now been made applicable in this region. Out of the 334 State laws, 164 laws have been repealed, and 167 laws have been adapted, according to the Indian Constitution.
But the issue of minorities has not been settled so far. According to the 2011 Census, the Hindu population in eight States is as follows- Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%), Arunachal Pradesh (29%), Manipur (31.39%) and Punjab (38.40%).A PIL was filed in the Supreme Court in 2020 praying to declare Hindus as minorities in the eight above states. So far, with subsequent developments, the matter is under subjudice.
Conclusion: A historical coincidence brought ethnic communities under the Dogras in 1846. Factors such as geography, language, race, religion and culture separated the three distinct regions-Jammu, Kashmir and Ladakh. But they were woven in a common thread throughDogra rulers, who tried to rule justly.
At the independence, a wise and constructive leadership with vision would have dampened and smothered the rough edges of ethnic and religious differences. But a particular brand of democracy was popularised, which became a hotbed of religious and regional tensions and rivalries.Thus minorities suffered.
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