India News
Yellow Pages
 Classifieds
Tickets
iVarta.com

   News Home  |  India Classifieds  |  USA, Canada, India Yellowpages  |  Tickets  |  Contact us

  Does Article 30 violate Universal Declaration of Human rights?  
 

 

By: Moorthy Muthuswamy PhD
December 23, 2005
V
iews expressed here are author’s own and not of this website. Full disclaimer is at the bottom.

 Feedback

(The writer is an US-based nuclear physicist. He can be reached at moorthym@comcast.net)

India inherited its democratic system from the departing British in 1947 who ruled it for several hundred years.
It is far from clear whether India had a mature and able class of Indigenous people who could formulate a robust and consistent constitution. It now appears that Article 30 of Indian Constitution not only violates the secular character of India, but also promotes religious discrimination of majority and may be in violation of Universal Declaration of Human Rights - Adopted and proclaimed by United Nations General Assembly resolution 217 A (III) of 10 December 1948.

Majority Hindus are a disadvantaged community

Article 30 of Indian constitution has certain provisions whereby minorities are exempt (are allowed to discriminate on the basis of religion, unlike majority) from certain requirements in running their own institutions (http://www.legalservicesindia.com/articles/judi.htm). By and large, Hindus are not considered minority (even in areas where they are a numerical minority such as Jammu and Kashmir) but Christians and Muslims definitely are. For instance, according to Article 30, minority community may reserve up to 50 percent of the seats for the members of its own community in an educational institution established and administered by it even if the institution is getting aid from the State.

Christian and Muslim-controlled educational institutions in India, encouraged by Article 30 of Indian constitution, are found to discriminate heavily in favor of their religious compatriots in employment and in student admissions (Religious apartheid in India and American policy response).

But Christians and Muslims are not disadvantaged community in India. Indian Christian community has among the highest literacy rates (53% Hindu literacy rate vs. 81% Christian literacy rate; literacy also implies wealth) and Indian Muslims already have a 25% permanent reservation of land, wealth and opportunities called Pakistan/Bangladesh – almost emptied of Hindus due to massive ethnic cleansing and religious discrimination (and driven away to India). Christian community was favored by British colonizers until sixty years ago.

Therefore, unlike America where blacks, discriminated for centuries, who are now given employment preferences in the form of affirmative action, there is little justification for minority reservations in India.

Indeed, Islamic Partitioning of India in 1947 has already made Hindus the disadvantaged community in India and these minority reservations for proselytizing religions such as Christianity or Islam create conditions of majority Hindu religious genocide – by making the majority poor by unfairly excluding them from employment and education.

This situation has already been created in Kerala where minorities have taken advantage of Article 30 to exclude majority Hindus from education and employment and driven them to poverty. This was pointed by Prof. Issac (http://www.saveindia.com/for_hindus_in_kerala_it.htm). The jihadi movement in Kashmir is strengthened by reservations in favor of Muslims (http://www.saveindia.com/perfect_con_job.htm, http://www.saveindia.com/woes_of_jammu_and_ladakh.htm, http://www.saveindia.com/india-colony.htm).

Universal Declaration of Human Rights

Article 23 of the Universal Declaration: “Everyone has the right to work, to free choice of employment to just and favorable conditions of work and to protection against unemployment”. The already disadvantaged majority Hindus being unfairly denied the right to work in religious minority-controlled institutions in India because of their religious affiliation should also be considered in violation of the above Declaration.

Article 26 of the Universal Declaration: “Everyone has the right to education…Technical and professional education shall be made generally available and higher education shall be made equally accessible to all on the basis of merit”. Religious minority-controlled institutions in India give preferential admission to students of their faith that again is sanctioned by Article 30 of Indian constitution. This again unfairly denies already disadvantaged majority Hindu students access to education on the basis of merit.

The recent assertion by Indian HRD minister Arjun Singh defining Article 30 of Indian constitution as “protecting minorities” is inappropriate. An appropriate interpretation of Article 30 is one of giving unfair preferences to Indian minorities but also of promoting majority apartheid and discrimination. Such an Indian state can arguably, seen as an uncivilized one (through its violation of Universal Declaration of Human Rights), despite calling itself as a “secular democracy”. A detailed analysis shows that through constitutional based religious discrimination of majority, the Indian state may be embarking on a collective suicide of itself and its majority population – unless Article 30 is amended to make it free of religious discrimination.

Moorthy Muthuswamy PhD

       Send your views to author

Do you wish to reach our readers? submit your guest column

Copyright and Disclaimer:
The views expressed in this article are the author's own and not of this website. The author is solely responsible for the contents of this article. This website does not represent or endorse the accuracy, completeness or reliability of any opinion, statement, appeal, advice or any other information in the article. Our readers are free to forward this page URL to anyone. This column may NOT be transmitted or distributed by others in any manner whatsoever (other than forwarding or weblisting page URL) without the prior permission from us and the author.

Previous by:
Moorthy Muthuswamy PhD

Blueprint for tackling jihad in India Novermber 20, 2005

Activism: Follow-up to USCIRF October 26, 2005

Activism: Follow-up to USSD October 25, 2005

Internet Civilization September 21, 2005

Apartheid in India: Letter to Condi Rice August 30, 2004

Igniting Hindu fight back June 19, 2005

Discrimination by Indian minorities May 08, 2005

Is Sikhism destined for dustbin of history? April 13, 2005

USA undermining religious freedom? April 06, 2005

Inside story of Modi’s visa revoke March 20, 2005

A Hindu Movement Born February 28, 2005

Muslim Reservation = Jihad December 20, 2004

How were Srilankan Hindus United? December 08, 2004

Time to Revamp Indian Democracy? November 15, 2004

Dynamics of Proselytizing September 26, 2004

How can India Defeat Militant Islam? August 30, 2004

The Art of War on Terror August 12, 2004

What are India’s national security interests? June 08, 2004

Congress-led coalition: a stooge of Islamists? May 19, 2004

Citizens’ role in India’s war on terror May 14, 2004

Mandate for Indo-Pak peace settlement April 18, 2004

When are India and Pakistan ready for peace? March 21, 2004

American Policy Advice in South Asia: Fatal Flaws February 02, 2004

Prithiviraj, Again? January 21, 2004

India’s Future: Trend should be a Friend January 18, 2004

Soft Borders with Pakistan: A Certain Suicide January 01, 2004

A New Paradigm: Civilization through Wealth Creation December 28, 2003

Slaves, Servants & Rulers  October 16, 2003
 


 

Terms of Service | Join mailing list | Write Guest Columns | Sitemap