The protection of rights of minorities under Jordanian and Indian constitutions : a comparative legal study

الملخص EN

The current study aims to explain the legal aspects for protection of the rights of minorities under both legal systems of Jordan and India, with a special reference to both countries’ constitutions.

Religion, Culture and Script should be protected by the constitution as a fundamental rights, because minorities are integral part of the nation.

Therefore, they must be protected not to destroy.

Minorities are the opposite of majorities; however, it is difficult to give exact definition to the concept of minority.

The term minority is defined as a small section of society, with their own cultures and customs, etc.

The present study tries to find the meaning and definition of the term minority and it highlights both the historical background of minorities in Jordan and India and the types and kinds of minorities under the constitutions of the two countries.

The current study discusses mainly the rights of minorities under both constitutions of Jordan and India; such rights include religious, linguistic and educational & cultural rights.

The constitutions of Jordan and India provide cultural and educational rights to minorities, which they are preserved as fundamental rights.

The guarantee contained in Articles 6, 7, 14 & 19 of the constitution of Jordan and Articles 29 & 30 of the Indian constitution.

The judicial attitude to the problem of protection of minorities in the two countries also will be discussed.

Finally, this study concludes that the guarantees of minorities contained in both constitutions of Jordan and India are part of commitment of secure justice, liberty and equality.

They are also part ideal demonstrably ingrained in the constitutions of the two countries, which aim at establishing of a welfare state and a rational social order in which inequalities, discrimination and arbitrariness are sought to leveled down to the minimum.