(Deepshikha Gautam, Intern Journalist) New Delhi: The petition has been filed in the Supreme Court requesting that the provisions of the National Commission for Minorities Act be abolished under which minority status is given in the country. It has also been requested that if the law is upheld, then the 9 states where Hindus are in minority should be given minority status at the state-wise level so that they get the benefit of a minority.
Petitions challenging the provision of the National Commission for Minority Act 1992 by filing an application in the Supreme Court, which are pending in the High Court of all the states, have been requested to be transferred to the Supreme Court. The application filed by BJP leader Ashwini Upadhyaya said that the Central Government has declared Muslims, Christians, Sikhs, Buddhists, and Jains as minorities under Section 2 (c) of the Minority Act but it has not declared Jewish Bahá’ís as a minority. It has also been said that Hindus are a minority in 9 states of the country but they are not getting the benefit of minorities. The petition stated that Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, and Manipur have a minority Hindu population. The petitioner said that being a minority in these states, Hindus should get the benefit of the minority, but their benefit is being given to the majority of those states.
The petition states that minority words have been given in the constitution. The 2002 Bench of 11 judges of the Supreme Court while interpreting it said that on the basis of linguistic and religion, which would be considered a minority. The petitioner said that states have been recognized on a linguistic basis, so the status of minorities should be state-wise and not at the level of the country. In such a situation, the status of the minority should be on the basis of linguistic and religion, and it should be considered state wise. In such a situation, after the judgment of the Supreme Court, now the status of minorities should be state-wise and it can be at the state level on the basis of language and religion.
Earlier, an application was filed in the Supreme Court on behalf of Ashwini Upadhyay when the Supreme Court refused to hear the case on February 20 and asked the petitioner to go to the Delhi High Court. The petitioner said that Delhi High Court, Meghalaya High Court, Guwahati High Court have pending cases related to it which should be transferred to the Supreme Court. Different cases may come from different high court cases, in which case the case should be heard in the Supreme Court. The petitioner said that Section 2 (c) of the National Commission for Minorities Act 1992 should be declared as non-constitutional under which minority status is given. It has also been requested that Hindus should be given minority status in 9 states.
Significantly, on August 28, the Supreme Court had asked the Central Government to file an answer to the petition in which the petitioner challenged the National Commission for Minority Education Institution Act. The petitioner said then that the act had not been successful in recognizing minorities at the state level for running the Educational Institute. A bench headed by Supreme Court Justice SK Kaul issued notice to the Central Government on the petition filed in Mamle asking it to file its reply in six weeks. Vikas Singh, counsel for the petitioner K Ashwini Upadhyay, has challenged the National Commission for Minority Education Act 2004. The petitioner stated in the petition that while Hindus, Jews, and Bahá’ís are a minority, they are being denied the fundamental right to establish and run educational institutions of their choice. While Muslims in Lakshadweep is 96.58 percent, Kashmir has 96 percent and Ladakh has 44 percent, yet they can establish a minority institution. BJP leader and petitioner Ashwini Upadhyay has said that this Act of 2004 is honorable and is against the provisions of equality and right to live in the Constitution. Challenging the Act in the petition, it has been said that the identity of the minority should be ensured according to the states. This Act has come into force from 6 January 2005 and under it, the community which has got the status of a minority can open minority institutions and under this, the government gets financial assistance from these institutions.
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