Supreme Court: PIL seeks minority status of Hindu community in eight states
November 01, 2017Recently, a Public Interest Litigation is filed before the Supreme Court of India seeking minority status for Hindus in Nagaland, Lakshadweep, Mizoram, Jammu & Kashmir, Meghalaya, Arunachal Pradesh, Punjab, and Manipur.
The PIL is filed by a lawyer Ashwini Kumar Upadhyay who states that Hindus be must be granted minority community status in eight states and should not be deprived of their legitimate benefits.
The petitioner states that the Hindus living in these eight states are being treated as majority despite the fact that they are minority in population and are, therefore, illegitimately being deprived of benefits meant for minority communities in the states.
As per 2011 Census records, Hindus are minority in eight states that are Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), Jammu & Kashmir (28.44%), Arunachal Pradesh (29%), Manipur (31.39%) and Punjab (38.40%).
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".
The petitioner says it is continuous human rights violations and denial of basic rights to minority communities in these eight states.
The PIL is filed by a lawyer Ashwini Kumar Upadhyay who states that Hindus be must be granted minority community status in eight states and should not be deprived of their legitimate benefits.
The petitioner states that the Hindus living in these eight states are being treated as majority despite the fact that they are minority in population and are, therefore, illegitimately being deprived of benefits meant for minority communities in the states.
As per 2011 Census records, Hindus are minority in eight states that are Lakshadweep (2.5%), Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), Jammu & Kashmir (28.44%), Arunachal Pradesh (29%), Manipur (31.39%) and Punjab (38.40%).
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".
The petitioner says it is continuous human rights violations and denial of basic rights to minority communities in these eight states.
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