Litmus test for democracy

Minority rights are fundamental to democracy, but political and religious influences in India continue to challenge their protection—necessitating judicial vigilance and accountability at the global level

- JOHN FELIX RAJ & PRABHAT KUMAR DATTA

The rights of the minorities constitute the core of democracy as highlighted by the modern democratic theory. In the not-too-distant past Roosevelt reminded us that 'no democracy can long survive which does not accept as fundamental to its very existence the recognition of the rights of minorities. Democracy as a form of government is founded on the principle of equality of all.

The famous declaration adopted by the UN General Assembly on the 'Rights of Persons Belonging to National, or Ethnic, Religious and Linguistic Minorities' on December 18, 1992 is a clear recognition of the importance of minority rights. This date is celebrated as Minority Rights Day. Article 27 of the Universal Declaration of Human Rights gives every individual the right to enjoy their own culture and to participate in cultural activities, associations etc.

Most of the leading democratic countries in the world recognise the rights of the minorities to protect and promote their minority identity. Mention may be made of Article 19 of the Australian Constitution acknowledging the absolute rights of the ethnic minorities to maintain and develop their ability and language. Similar provisions are incorporated in the Hungarian Act of 1868 and Swiss Confederation of 1874. The provisions of the peace treaties after the First World War made special mention of the status of the minorities.

India has a fairly old tradition of the minorities which began with Aryan civilization when the caste system was introduced. In the Manusmriti, mention was made about "a fundamental distinction between the king as the human agent and the law as the superhuman abstract order which leads to a theory of restrained rulership and a conception of fairness of treatment towards different types of subjects".