INDIAN EXCEPTIONALISM: CULTURAL RIGHTS AND MINORITY PROTECTIONS IN A DIVERSE SOCIETY

AUTHOR – ARVI GIRASE, LLM SCHOLAR AT GUJARAT NATIONAL LAW UNIVERSITY, GANDHINAGAR. SILVASSA

BEST CITATION – ARVI GIRASE, INDIAN EXCEPTIONALISM: CULTURAL RIGHTS AND MINORITY PROTECTIONS IN A DIVERSE SOCIETY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 277-288, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

While sometimes overshadowed by civil, political, and economic rights, cultural rights are essential to human dignity and social justice. Article 29 of the Indian Constitution provides for the protection of cultural rights, particularly those of minorities. However, globalization has created both opportunities and challenges for protecting these rights. This research paper will investigate the unique position of cultural rights within India’s legal framework, focusing on their relevance, problems, and shifting interpretations in the light of globalization.

The study will outline the historical and international perspective on cultural rights, emphasizing their marginalization in human rights rhetoric. It then looks into the Indian legal landscape, examining how constitutional provisions and court interpretations have influenced the protection of cultural identities. The paper will also compares India’s approach to worldwide standards, answering questions about the adequacy of current regulations.

The study’s main focus will be on the influence of globalization, which, while promoting cultural interaction and acknowledgment, also threatens local traditions through homogenization. The study critically assesses India’s response to these concerns, focusing on historic cases and laws aimed at protecting cultural diversity. It also investigates how international human rights instruments like the ICCPR and ICESCR have influenced India’s position on cultural rights.

The study aims to highlight the need for a more robust and adaptable legislative framework to balance modernization and cultural preservation. Recognizing cultural rights as “empowering rights,” which are necessary for participation, identity, and self-expression, the report proposes for stronger enforcement mechanisms, policy reforms, and expanded worldwide collaboration. Finally, it emphasizes that defending cultural rights entails not only preserving traditions, but also building inclusive and peaceful societies in a moment of fast change.

Keywords- Cultural Rights, Minority Rights, Globalization and Culture, Fundamental Rights, Social Justice, Indian Constitution