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NATIONAL COMMISSION FOR MINORITIES

NATIONAL COMMISSION FOR MINORITIES 


Introduction
  1. statutory body set up under National Commission for Minorities Act 1992
  2. mandated to protect rights of religious minorities in India
  3. experience of partition indicated dedicated need for commission for rights of minorities
  4. 1978: Ministry of Home Affairs established national minority commission of India
    1. 1984: kept under Ministry of welfare
    2. 1992: act enacted
  5. functions
    1. evaluation of progress of development of minorities
    2. monitoring of working of safeguards provided in constitution
    3. making recommendation
    4. looking into specific complaints regarding deprivation of rights
    5. conducting research
    6. suggesting appropriate measures
    7. the recommendation are to be placed on the floor of the house
    8. commission has power of civil court
  6. GoI recognises 6 religious minorities: Muslim, Christian, Sikh, Buddhist, Zoroastrians, Jains
  7. commission requires representation of 1 member from each community along with chairman and VC
  8. challenges
    1. capacity related challenges
      1. human resource challenge
        1. high case pendency, non-redressal of grievance
      2. limited role of state level minority commission
        1. under utilization of technology
          1. high case pendency, no clarity of schedule of hearing
      1. problem of vacancy persisting
      2. lack of hierarchy in minority commission (case first to state level, then to national level, so overburden)
      3. annual conference of State Minority Commission 2008: state govt should also setup state minority commission
    1. financial planning and expenditure related challenges
      1. lack of financial aid which restricts research
    2. legal and constitutional authority related challenges
      1. commission lack teeth to carry out functions
      2. decisions can be overturned by district courts also
      3. absence of constitutional power to carry out independent inquiry
  9. recommendations
    1. ensure transparency and accountability in working of the institutions
    2. technology upgrade
    3. fill vacancy
    4. expand role of state minority commission
    5. expand legal authority

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