NATIONAL COMMISSION FOR MINORITIES
1. Context
The National Commission for Minorities has received 168 petitions in the last one month , out of which 73 have been disposed off. In the remaining 95 cases, action has been initiated and reports have been called. During the whole year, 1,895 petitions have been received out of which 1,422 have been disposed off. From 1.12.2022 to 17.1.2023, National Commission for Minorities held 15 hearings and gave suitable directions to the concerned authorities to resolve the issues at the earliest. During the whole year 40 hearings were held in the Commission.
2. National Commission for Minorities
The Union Government set up the National Commission for Minorities (NCM) under the National Commission for Minorities Act, 1992. Initially five religious communities, viz., Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities by the Union Government.
3. Evolution
- In 1978,setting up of the Minorities Commission (MC) was envisaged in the Ministry of Home Affairs Resolution.
- In 1984,the MC was detached from the Ministry of Home Affairs and placed under the newly created Ministry of Welfare, which excluded linguistic minorities from the Commission’s jurisdiction in 1988.
- In 1992,with the enactment of the NCM Act, 1992, the MC became a statutory body and was renamed as the NCM.
- In 1993,the first Statutory National Commission was set up and five religious communities viz the Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities.
- In 2014, Jains were also notified as a minority community.
4. Composition
- NCM consists of a Chairperson, a Vice-Chairperson and five members and all of them shall be from amongst the minority communities.
- Total of 7 persons to be nominated by the Central Government should be from amongst persons of eminence, ability and integrity.
- Tenure: Each Member holds office for a period of three years from the date of assumption of office.
5. Functions
- Evaluation of the progress of the development of minorities under the Union and States.
- Monitoring of the working of the safeguards for minorities provided in the Constitution and in laws enacted by Parliament and the state legislatures.
- Ensures that the Prime Minister's 15-point programme for the welfare of minorities is implemented and the programmes for minority communities are actually functioning.
- Making recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the central or state governments.
- Looking into specific complaints regarding deprivation of rights and safeguards of minorities and taking up such matters with the appropriate authorities.
- Investigates matters of communal conflict and riots. For example, the 2011 Bharatpur communal riots, as well as the 2012 Bodo-Muslim clashes in Assam, were investigated by the commission and their findings were submitted to the government.
- Observes the Minorities Right Day every year on 18th December which marks the adoption of the “Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities” by the United Nations in 1992.
6. Measures Needed to make Natioanal Commission for Minorities more effective
- To reduce pendency of cases at the organizational level, the Commission should set certain baseline targets related to the pendency rates.
- At regular intervals, conducting a staffing needs assessment may be a useful solution to address the problem of vacant positions at the leadership level.
- NCM should develop a Stakeholder Satisfaction Survey for parties to anonymously provide feedback regarding how their appeal was processed, irrespective of the decision made.
- Technological upgrades including investment in more sophisticated information management systems could help reduce the pendency rates of cases in the Commission such as e-hearing.
- The strengthening of the State Commissions and setting up new state-level commissions, where these do not yet exist, can help in reducing the pendency rates and increasing hearings’ effectiveness of the Commission.
- NCM could fulfil its duties assigned in its mandate if the greater legal and constitutional authority is extended to the Commission. The Commission could be more effective if it has greater authority to conduct independent enquiries in cases of the transgression of rights of the minorities.
For Prelims & Mains
For Prelims: National Commission for Minorities (NCM), NCM Act, 1992, Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis).
For Mains: 1. Discuss about the rights conferred on minorities by the Constitution.
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Source: PIB