Minorities form an important fabric of cultural diversity of India which is a multi religious and multi lingual country. Albeit innumerable references to minorities to be found in, there is no generally accepted definition of the term “minority” in international legal instruments. The word “minority” is also not defined in Indian constitution but has been divided as religious and linguistic minorities. During the colonial period, minorities were referred to as ‘depressed classes’ and measured based on religion, untouchability and tribes but after the independence of India, partition of the British India played a crucial role in shaping the discourse on the majority- minority and the new criteria to describe minorities was based on numerical status and cultural identity. The framers of the Constitution of India were acquainted to the complex character of the problems of minorities. They believed that healthy national consciousness would grow if the minorities are guaranteed liberty, equality, fraternity and justice. A balancing approach to bring equality in society was adopted and the cultural and educational rights of the minorities were incorporated in the Constitution of India. In order to fulfill the demands of Karachi Session and Cabinet Mission Plan of the pre partition India, which envisaged the preservation of religious and cultural minorities, the Constituent Assembly had consensus to provide certain rights to religious and linguistic minorities in the constitution of India but failed to provide political representation as a separate electoral and reservation in government employment on the basis of fulfillment of social backwardness criteria. Many Committees set up time to time on minorities’ issues have discussed the pathetic and miserable conditions of minorities at educational and social fronts in a candid manner. Riots against religious minorities occurred from time to time and the dominance of Hindi language over regional languages reflected the vulnerability of minority rights to uphold their rights of linguistic and cultural identity in India. Post Independence, minorities of India got certain rights to preserve the linguistic and cultural identity though despite of all the provisions in the constitution and right intentions of the government, the situation of minorities is still deplorable. This paper presents the historical aspects of minorities’ rights from colonial period to the present times in India and along with throws light on some of the divergence either ways with regard to the minorities in India. The paper also highlights the need to protect the basic human rights and freedoms without any discrimination of minorities in existing circumstances and a requirement of positive support from the state in the preservation of their distinctive characteristics, or partial or full autonomy.

Keywords: Minorities; Religion; Linguistic; Cultural; Political Safeguards; Constitutional Rights.