Thirty-one years ago on December 18, the United Nations General Assembly adopted the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities (UNDM). This is the first and only UN instrument that is exclusively devoted to minority rights.

Though the UNDM is not a legally binding instrument, it represents a set of political and moral commitments of states and pushes UN member states to live up to them. The adoption of the UN Declaration was a paradigm shift in the global thinking towards minorities. The emphasis shifted from equality and non-discrimination to the more positive language of protection and promotion of minorities per se.

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Building on Article 27 of the International Covenant for Civil and Political Rights, the declaration calls on states to “protect the existence and the national or ethnic, cultural, religious and linguistic identities of minorities” and “adopt appropriate legislative and other measures to achieve those ends.” The rights of minorities contained in the UNDM are based on the premise that “the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities contribute to the political and social stability of States in which they live”. The protection of minorities is considered as an integral part of the development of society as a whole and within a democratic framework based on the rule of law.

The significance of the protection of minority rights lies in the fact that it contributes to the strengthening of friendship and cooperation among peoples and States”. Minority rights are primarily aimed at preserving the plurality of society by shielding a minority from assimilative tendencies of the majority. The protection of minority identity is important because it is about protecting essential features of “what it means to be human.” Minorities need special protection because despite universal recognition to the principle of equality and non-discrimination, their civil and political freedoms are more likely to be interfered with than those of the majority as in most multi-ethnic societies the majority tends to enjoy an inherently dominant position.

The non-dominant and inferior status of minorities renders them susceptible to discrimination at different stages by both state and private actors. The distorted representation of minorities’ history, culture and traditions and negative stereotyping produces low self-esteem among them. Notwithstanding the tall claims and promises of UNDM, its objectives are far from being fulfilled. The experience of minorities across the world shows that they are still among the most disadvantaged, marginalized, and vulnerable groups in society. The threat to minorities’ distinct identities is also a reality of the day.

The assimilationist policies of many states not only destroy their identity, it also leads to their exclusion from the mainstream. The UNDM was the first international ins-trument exclusively addressing the issues concerning minorities. Though the issue of minority rights is one of the oldest concerns of international law, unfortunately the subject is not well understood and remains controversial. Even many wellinformed people view minority rights as ‘special privilege’. Minorities in all regions of the world face serious threats, discrimination and racism.

They are frequently excluded from taking part fully in the economic, political and social life of their countries. Today, minority communities face new challenges, including legislation, policies and practices that may unjustly impede or even violate minority rights. They are often discriminated against and subjected to injustice. Their exclusion from power is often combined with the denial of dignity, identities and cultures. Tragically, they are often subjected to physical violence and even genocide takes place against them.

Unfortunately, minorities’ problems are not confined to any particular country or region and can be witnessed in almost all parts of the globe, making this a worldwide phenomenon. The protection of minorities has been and still is one of the most exciting, complex and sensitive problems of our time. There has never been consensus on how to handle minorities. The approaches of states have varied from forced assimilation to accommodation. However, we have also seen that false methods of dealing with minorities have even produced conflicts of varying degrees.

Jawaharlal Nehru wrote in Young India on 15 May 1930, that “the history of India and of many of the countries of Europe has demonstrated that there can be no stable equilibrium in any country so long as an attempt is made to crush a minority or force it to conform to the ways of the majority…” In a similar vein, while moving the resolution to set up an advisory committee on fundamental rights and the rights of minorities, GB Pant stated: “Unless the minorities are fully satisfied, we cannot make progress; we cannot even maintain peace in an undisturbed manner.”

Realising the danger of the mishandling of the minority issue, states have sought to protect minorities for centuries. The protection of minorities has, however, never been only a security consideration. It has rather been recognised as a hallmark of a democracy, a moral imperative and a human rights obligation. Gandhi said the claim of a country to civilisation depends on the treatment it extends to the minorities. Unfortunately, some people argue that since the foundation of democracy rests on the principle of equality where all persons are treated as equal, whether they belong to the majority or minority, why should minorities be privileged with some special rights? They believe that minority rights are some special privileges which are not available to the majority.

They often go to the extent of arguing that these special privileges and concessions have a serious bearing on national integration. The misgivings about minority rights, ultimately, results in mistrust between minority and majority communities. Justice HR Khanna faced similar questions in the St Xavier’s case. He eloquently clarified that the idea of giving some special rights to the minorities is not to have a kind of a privileged or pampered section of the population, but to give to the minorities a sense of security and a feeling of confidence. He argued that the differential treatment of the minorities by giving them special rights is intended to bring about an equilibrium, so that the ideal of equality may not be reduced to a mere abstract idea, but it should become a living reality and result in true, genuine equality, an equality not merely in theory but also in fact. We must understand that it is because of their vulnerability in any given society that minority groups will need special protection to ensure that they also enjoy the same rights and protection as enjoyed by the majority. The protection of the rights of minorities is not appeasement; rather, it’s a practical imperative and a legal obligation.

The framers of our Constitution, by recognising minority rights, also conspicuously chose to limit the possibility of cultural assimilation and process of homogenisation of the nation state and opted for maintaining our rich heritage of pluralism and cultural diversity. Unfortunately, this idea of a pluralistic India is under attack today and it is our duty to stand steadfastly to protect it. The root of the present crisis lies in the project of violent assertion of ‘cultural nationalism’ which is dangerous for both Indian plurality and religious minorities. It not only calls for cultural conformity but also leaves no respectful space for others’ way of life, even to the extent of denigrating them.

This project is poisoning the minds of the majority against minorities with serious consequences. Things have moved to such a critical phase that priests are resorting to prayers to save the secular fabric and democratic principles recognised in our Constitution. It is disturbing to note that a vicious hate campaign has been launched against minorities by twisting history and facts. They are projected as aggressors, outsiders, responsible for the Partition and often blamed for many social problems. Interreligious marriages and loves are viewed with suspicion and as a tool of jihad. A false propaganda of the rising population of Muslims, leading to the claim that India would soon become a Muslimmajority state, is being spread.

Minority rights are presented as minority appeasement and majority community as the victim of this appeasement. The onslaught of cultural nationalism not only dismisses the minority rights but also challenges the democratic project of allowing space and recognition to all identities. In the process of building a unified culture as the basis of the political community, it marginalises those communities whose belief systems may not fit in with those of the majority. The misgivings of ‘special privilege’ or ‘pampered lot’ about minorities are falsehoods and they must be countered.

There is a need to detoxify and sensitise the citizens about minority safeguards. Minority safeguards are needed to achieve the goal of substantive equality and to preserve their distinct identity and culture. Minorities need special safeguards to save them from oppression, persecution and forceful assimilation.

(The writer is Professor, Aligarh Muslim University)