38.6c New Delhi, India, Thursday, April 18, 2024

Plea Seeks to Move Petitions in the Supreme Court Questioning the Minority Status of Muslims, Christians, Sikhs, Buddhists, Parsees

By Atharwa Gauraha      28 October, 2020 06:16 PM      0 Comments
Plea Seeks to Move Petitions in the Supreme Court Questioning the Minority Status of Muslims, Christians, Sikhs, Buddhists, Parsees

The petition, filed through advocate Ashwini Kumar Upadhyay, said in order to avoid multiplicity of litigations and conflicting views, the plea has been moved before the Supreme Court.

The plea said, “Denial of minority rights to real minorities and arbitrary and irrational disbursement of minority benefits to majority infringes upon the fundamental right to the prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth.” 

The petitioner claimed in his petition that Hindus, who, according to national data, are the majority caste, are a minority in many north-eastern states and in Jammu and Kashmir. 

However, the Hindu community is deprived of the benefits available to minority groups in these States, the plea said, adding that the concept of minority in this context should be reconsidered by the National Commission for Minorities (NCM).

The plea has sought to declare section 2(c) of the NCM Act 1992 “void” and “inoperative” for being “arbitrary”, “unreasonable” and “offending“.

According to Article 29-30 of the Constitution, the concept of 'minority' has left leaks in the hands of the State which are misused and misused for political benefits, the petition said, adding that the status of a minority is given to Hindus in States where the number of community members has decreased. 

In six states and two Union territories, where the number of group members declined according to the 2011 Census, the lawsuit sought minority status for Hindus.

The petition has stated that according to the 2011 Census, Hindus are a minority in six States — Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), Arunachal Pradesh (29%), Manipur (31.39%), Punjab (38.40%) — and in the Union Territories of Jammu and Kashmir (28.44%) and Lakshadweep (2.5%).

The plea further said, “Their minority rights are being siphoned off illegally and arbitrarily to the majority population because neither the Centre nor the State governments have notified Hindus as a ‘minority’ under the National Commission for Minorities Act. Therefore, Hindus are being deprived of their basic right.”

It has been pointed out that in Mizoram, Meghalaya, and Nagaland, Christians are the majority and there is a large Christian population in Arunachal Pradesh, Goa, Kerala, Manipur, Tamil Nadu, and West Bengal, but they are regarded as a minority group.

Muslims are a majority in Lakshadweep (96.20%), Jammu and Kashmir (68.30%) and there is a significant representation of the community in Assam (34.20%), West Bengal (27.5%), Kerala (26.60%), Uttar Pradesh (19.30%) and Bihar (18%).

However, they are enjoying the “minority” status, and communities, which are real minorities, are not getting their legitimate share, jeopardizing their basic rights guaranteed under Articles 14, 15, 19, and 21 of the Constitution, the petition has said.

Share this article:

Leave a feedback about this

Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM


Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM
Trending Interview
LSJ Exclusive Interview: How BJP govt will free Chhattisgarh from “Naxal menace”? [Watch Video]

What is Chhattisgarh govt's plan for solving the Maoist/Naxalite problem in the state? Will there be a surgical strike against the Naxals or solution will be found via diplomatic channels? Read the Exclusive Interview with the Deputy Chief Minister Vijay Sharma.

13 April, 2024 12:33 PM
Trending Judiciary
SC rejects review of order to pay Rs 1.54 Cr compensation to ex Air Force staff for transfusion of HIV infected blood [Read Order]

SC denies review of Rs 1.54 Cr HIV compensation order to ex-Air Force staff for medical negligence.

13 April, 2024 03:13 PM
Trending Legal Insiders
CJI cautions against overlooking ethical legal consideration on use of AI in court adjudication

CJI D Y Chandrachud warns about ethical, legal challenges in AI use in courts, stressing need for thorough review.

13 April, 2024 07:08 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email