LAW MANTRA     (Think Beyond Others)

PIL Filed In Supreme Court Seeks Minority Status For Hindus In Eight States.

minority

A PIL has been filed in the Supreme Court which has sought minority status for Hindus in eight
states in Nagaland, Lakshadweep, Mizoram, Jammu & Kashmir, Meghalaya,  Arunachal
Pradesh, Punjab, and Manipur where the community’s population has fallen, according to the
2011 Census.
“According to 2011 Census, Hindus are minority in eight states i.e. Lakshadweep (2.5%),
Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), J&K (28.44%), Arunachal
Pradesh (29%), Manipur (31.39%) and Punjab (38.40%).

But, their minority rights are being siphoned off illegally and arbitrarily to the majority
population because neither Central nor the state governments have notified Hindus as a
‘minority’ under Section 2(c) of National Commission for Minority Act. Therefore, Hindus
are being deprived of their basic rights, guaranteed under Articles 25 to 30,” said the
petition filed by Delhi BJP leader and advocate Ashwani Kumar Upadhyay.

The National Commission for Minority Act 1992 was implemented on May 17, 1993. The Act
extends to the whole of India except the state of Jammu & Kashmir. The Centre through a
notification dated October 23, 1993, notified that these five communities i.e. Muslims,
Christians, Sikhs, Buddhists, and Parsis are regarded as ‘minority’ community.

The petitioner has contended that the 1993 notification is against the basic structure of the
Constitution, and said that communities which are in majority in these states are enjoying
benefits meant for minority communities and depriving those who are in need of these benefits.

The petition states that "the denial of minority rights to the actual religious and linguistic
minorities is a violation of fundamental right of minority community enshrined under the
Article 21 of the Constitution of India".

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