ABSTRACT
The global wave towards the democratization of nation-states also imbeds marginalization of minorities and their turning into militant outfits thereby threatening security and development. South Asia presents one of such examples. While all its countries reflect some forms of constitutional accommodation and inclusiveness, either in the form of individual and/or group guarantees, the scene after more than 60 years of decolonization is that minorities continue to fare poorly in wellbeing and struggle for basic access and participation. This chapter examines this puzzle by mapping and comparing the constitutional promises of inclusive justice – participation and representation in political and economic life – with their practical outcomes, in India, Pakistan, Sri Lanka and Bangladesh. The chapter presents a unique typology of transformative constitutionalism and the participation and representation of minorities, with some countries being narrowly-recognitive-cum-narrowly transformative in promise, and non-accommodative in practice, whiles some recognitive-cum-partially transformative in promise, and considerably accommodative in practice. However, no one is completely recognitive-cum-transformative and accommodative, mainly because of growing majoritarian supremacy, which leaves limited scope for minorities to be wedded into the national process. The chapter contends for deepening of democracy by re-working around the practice of individual rights; widening the theory and practice of group rights; and establishing autonomous and transparent system for minority justice.
