Mains Daily Question
Jan. 24, 2024

Q.2 Discuss the primary functions of the National Commission for Minorities in India, and the challenges it faces in effectively safeguarding and promoting the rights and interests of minority communities. (10M/150W)

Model Answer

Approach

Introduction:

Type 1: Define the National Commission for Minorities and outline its  mandate.

Type 2: Provide a brief historical background of the NCM and its establishment to address the concerns of minority communities.

Body:

Heading 1: Primary Functions of the National Commission for Minorities

Heading 2: Challenges faced by the National Commission for Minorities

Conclusion:

Conclude with recommendations or potential reforms to enhance the effectiveness of the National Commission for Minorities in addressing the evolving needs of minority communities.

 

Answer:

The National Commission for Minorities (NCM) in India was established in 1992 through the National Commission for Minorities Act. Its formation came amidst growing concerns about the well-being and protection of minority communities in the country. Prior to 1992, there was no dedicated national body specifically tasked with safeguarding the interests of minority communities. Issues faced by minorities, including discrimination, violence, and lack of access to opportunities, were often addressed through ad hoc measures or existing legal frameworks.

The Commission's primary functions are outlined below:

  1. Progress Evaluation: of developmental schemes for minorities at both the Union and State levels.
  2. Safeguard Monitoring: of efficacy of constitutional safeguards and legislative provisions, enacted by both Parliament and State Legislatures, aimed at protecting the rights of minorities.
  3. Recommendation Formulation: for the effective implementation of safeguards, guiding both Central and State Governments.
  4. Complaint Resolution: regarding the deprivation of minority rights, taking proactive measures by engaging with relevant authorities to rectify any infringements.
  5. In-Depth Studies: Undertake comprehensive studies, research, and analysis to identify and address issues arising from discrimination against minorities and valuable insights for informed policymaking.

On the other hand, the NCM confronts various challenges and limitations in executing its mandate, encompassing:

  1. Human Resource Deficiency: it grapples with inconsistencies in staffing and key official appointments, impacting the commission's composition and operational efficiency over the years.
  2. Limited Role of State-level Minority Commissions: due to insufficient integration of state-level Minority Commissions with the National Minorities Commission.
  3. Underutilization of Technology: while the Commission employs a complaint monitoring system, its functionality remains basic, lacking a comprehensive end-to-end complaint handling mechanism.
  4. Financial Planning & Expenditure-related Challenges: a substantial portion of the Commission's allocated budget remains underutilized for research activities. Financial constraints and the absence of allocated funds for research on minority-related issues impede the Commission's ability to fully realize its mandated objectives.
  5. Legal and Constitutional Authority-related Challenges: NCM’s decisions can be overturned by District and High courts, underscoring the need for empowering the Commission with more robust legal standing to ensure the effective execution of its responsibilities.

 

To enhance the NCM’s effectiveness, recommendations include implementing outcome-based performance assessments, setting baseline targets for case pendency, and introducing a Stakeholder Satisfaction Survey for feedback. Technological upgrades, such as an "e-hearing" mechanism, and expanding the role of State Minorities Commissions are suggested for increased efficiency and reduced pendency. These shall foster a more inclusive and empowered environment, ensuring a brighter future for safeguarding the rights and interests of minority communities in India.

Subjects : Polity
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