Voices from the Periphery

Voices from the Periphery

India observed Minorities Rights Day on December 18, highlighting the 2023 theme 'Celebrating Diversity and Inclusion'. The event underscores India's historical role in sheltering refugee communities and current challenges in balancing national and foreign policies.

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Voices from the Periphery

India has often been described as a multicultural, diverse, and tolerant country, which accommodates and celebrates its minorities. There is no denial to this fact, as theoretically, our preamble guarantees Justice, Liberty, Equality and Fraternity to all the citizens of India regardless of their class, caste, race, religion and place of birth. Practically, abiding by the 'Declaration on the  Individual's Rights Belonging to Religious or Linguistic National or Ethnic Minorities', India  observes ‘Minorities Rights Day’ on December 18, marking the day when it was adopted by the  United Nations (UN) in 1992 and in 2023 the theme was, 'Celebrating Diversity and Inclusion'.  Article 27 of the International Convention on Civil and Political Rights (ICCPR) and the ‘United  Nations Declaration on the Rights of Persons Belonging to National, Ethnic, Religious, and  Linguistic Minorities’ are international standards guiding the states to adopt measures concerning  minorities. India is not a signatory to the Refugee Convention and Protocol of 1951 and 1967, respectively, so it is not obligated to provide asylum to refugees from neighbouring states. Yet,  historical efforts include India providing shelter to the Tibetan community in 1959, which later led  to the Tibetan government being exiled, which later led to the Tibetan government being exiled  under the helm of the 14th Dalai Lama in Dharamshala, Himachal Pradesh. Other refugee communities, such as Rohingyas from Myanmar, Uighurs from China, Chakmas from Bangladesh and Sri Lankan Tamils from Sri Lanka, reside in settlements across the country. They are governed by Supreme Court judgements that uphold the government’s obligation of refugee protection by asserting Article 14 of the Universal Declaration of Human Rights (UDHR) and Article 13 of the  International Covenant on Civil and Political Rights (ICCPR). However, the latest developments in the subcontinent have challenged the balance between our national and foreign policies.  

Minority Affairs Minister Kiren Rijiju has voiced concerns regarding the portrayal of India as hostile towards its religious minorities. In the background of reports on attacks on Hindu households, temples, businesses, etc., who are the most significant minority in Bangladesh, as the  country faces the largest protests in recent times leading to the ouster of a sitting Prime Minister  (PM), Sheikh Hasina after fifteen years or unbridled rule. Hindus constitute eight percent of  Bangladesh’s 170 million population, and in its first official statement, the newly sworn-in interim  cabinet has expressed grave concern; the Head of the Interim Government, Muhammad Yunus,  expressed condemnation by calling such acts heinous and requesting the students to protect all  existing minorities.  

The intersectional divergence complicates identifying oneself based on a single criterion. For example, a person belonging to a religious minority may also be from a linguistic or caste minority. This makes for several unique rubrics. The Pasmanda Muslim community consists of persons following Islam who are backward castes and may face discrimination based on both religion and caste. The Supreme Court, in a landmark decision delivered on August 01, allowed for sub-quota categorisation within SCs/STs. The Hindu’s, Data Point, gave examples of Musahars in Bihar and Uttar Pradesh, Bhambhis and Mangs in Maharashtra as more disadvantaged SC communities. It made contrasts between Chamars and Mazhabis of Punjab, Halba, Baiga tribes of Chattisgarh, Oraon, Mal Paharia tribes of Jharkhand, Meenas, and Garasia tribes of Rajasthan to show in-state disparities in educational and employment attainment.  

Legally, constitutional safeguards include Fundamental Rights enshrined under Articles 15(1), 15(2), 16(1), 16(2), 25(1), 28, 30(1) and 30(2). These grant protection against discrimination, the right to profess, practice and propagate one's religion and the rights of religious and linguistic minorities to establish educational institutions. Additionally, under Part XVII, articles 347, 350A, and 350B are concerned with rights based on language.  

Legislatively, the National Commission of Minority Act, 1992 established the National Commission on Minorities. Herein, five of seven members, including the chairperson, must belong to a minority community. The Waqf Act of 1995 legislates donations to the Muslim community.  The Central Waqf Council, a statutory body, has been constituted to administer permanently dedicated movable or immovable properties given by Muslim philanthropists for a religious, pious, or charitable purpose called Waqf. The proposed amendment to the Waqf Act permits the inclusion of non-Muslim members to the Waqf Board. The Unified Waqf Management, Empowerment, Efficiency, and Development Act, 2024 alters the definition of 'waqf', abolishing the concept of 'waqf by use'. It stipulates that only lawful property owners who have practised Islam for at least five years are authorized to create 'Waqf’ properties by executing formal deeds. If a government property is identified or declared as a Waqf property before or after the commencement of this Act, it shall not be recognised as a Waqf property. The law also enables widows, divorced women, and orphans to benefit from proceeds from Waqf assets. The power to determine whether the property qualifies as a Waqf has been taken from Tribunals and reposed with the District Collector. Executive efforts include the constitution of the Ministry of Minority Affairs in 2006, the Haj Committee under the Ministry of External Affairs, and the Ministry of Education dealing with schemes for quality education in madrasas and infrastructural development in minority institutions. Lastly, the National Commission for Minority Educational Institutions and, National Minorities Development and Finance Corporation has been constituted.  

In terms of global minority crisis and the violence, the most imminent crisis is faced in Bangladesh, located East of West Bengal, right where the vital but sensitive Siliguri Corridor begins. Sheikh  Hasina shut down anti-India activities and made notable progress in power projects. According to  the on-ground coverage by Al-Jazeera, the reason behind targeted violence against minorities,  particularly the Hindus in Bangladesh, is due to their political support of the Awami League and  not religion per se. With unsubstantiated claims and provoking headlines used to gather traction. The content manufacturing by the architects of political opinion, that is, the media, is concerning. The continued attacks may result from provoking, unsubstantiated and agenda-driven media messages. The lack of media literacy for proper source validation adds to the burning fire. Capitalism is the age where profits are prioritized over people and Television Rating Points over ethics. In the article, 'Role of Media: ' published in the Assam Tribune, we discussed the significance of Media in rightfully implementing the newly enacted criminal laws in the country.  Here, we highlight the role of responsible reporting and using the medium of mass outreach that shapes public opinion in crisis and determines the fate of individual lives. No single actor can be held accountable for communal violence. It is the collective failure of the government, people, and media to prevent disinformation and the spread of hatred.

The definition of literacy must be revised to include vocational skills and technological empowerment to critically evaluate digital content, making it more practical than the mere ability to read and write in a particular language in the present age. It has famously been said that the central problem of a democracy is making it remain one. With the abundance of content creation where a digital footprint can be created by anyone on Web 3.0, appropriate participation in media is required. This includes adopting media etiquettes and empowering individuals with safeguards against competing propaganda techniques, visual tricks such as deep fakes and monetising advertisement baits that use keywords to create algorithms to keep viewers engaged, thereby fabricating an echo chamber where they are exposed to the same frames of reference. This leads to a tunnel vision in looking at the more significant happenings in the world, and filtered content consumption may thus bottle up reactionary sentiments that ignite anger and hatred. The information space has been called a ‘game’ as there is no one lens, perspective, or truth. Machines are not to be blamed. It merely reproduces the existing human intellect, maybe faster. Hence, we need to endow ourselves with the ability to unearth the truth so that we are less susceptible to technologically created ambiguity and fear.

Edited By: Avantika
Published On: Aug 28, 2024
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