PIL in SC seeks minority status for Hindus in Punjab, J&K, 6 other states

Satya Prakash

Tribune News Service

New Delhi, October 31 

A Public interest litigation (PIL) filed in the Supreme Court has demanded that Hindus be notified as a minority community in eight states, including Punjab and Jammu and Kashmir, and be given the legitimate benefits meant for them.

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Besides Punjab and Jammu and Kashmir, the PIL filed by advocate Ashwini Kumar Upadhyay has sought minority status for Hindus in northeastern states of Mizoram, Nagaland, Meghalaya, Arunachal Pradesh and Manipur; and Lakshadweep. 

Citing the 2011 Census, the petitioner said Hindus were in minority in eight states -- Punjab (38.4%), Jammu and Kashmir (28.44%), Manipur (31.39%), Arunachal Pradesh (29%), Meghalaya (11.53%), Nagaland (8.75%), Mizoram (2.75%) and Lakshadweep (2.5%).

“Christians are majority in Mizoram, Meghalaya and Nagaland and there is significant population in Arunachal Pradesh, Goa, Kerala, Manipur, Tamil Nadu and West Bengal, but they are treated as minority. Likewise, Sikhs are majority in Punjab and there is significant population in Delhi, Chandigarh and Haryana but they are also treated as minority,” the petition read. 

“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 the NCM Act. Therefore, Hindus are being deprived of their basic rights, guaranteed under the Articles 25 to 30,” Upadhyay – also a Delhi BJP leader -- submitted. 

He contended that Hindus were being treated as majority in these states despite being minority in population and were illegally being deprived of benefits meant for minority communities. 

“The Union Government offered 20,000 scholarships in field of technical education for minority students. In J&K, Muslims constitute 68.3% of the total population and government allotted 717 out of 753 scholarships to Muslim students, but none to Hindu students citing Notification on Minority Communities dated October 23, 1993 which declares Muslims as minority, but not the Hindus,” the petitioner pointed out. 

The top court is already seized of another PIL with regard to Jammu and Kashmir wherein petitioner Ankur Sharma – a Jammu-based advocate – alleged that the benefits meant for minorities were going to the majority community i.e. Muslims in the state.

Sharma had alleged that crores of rupees were being squandered away as the state was spending money on unidentified minorities. A high-level committee comprising officials of the Centre and the Mehbooba Mufti government had been constituted to look into the issue of setting up of a minority commission for the state, the top court was told on May 1. 

Contending that the 1993 notification violated the basic structure of the Constitution, Upadhyay wondered how communities in majority in a given state were enjoying benefits meant for minority communities. 

The National Commission for Minority Act 1992 – which came into force on May 17, 1993 -- extends to the whole of India except Jammu and Kashmir and the Centre had on October 23, 1993 notified Muslims, Christians and Sikhs as minorities. Later, Jains were also added in the list in 2014. But not the Hindus, though they were minority in eight states, the Upadhyay pointed out. 

Upadhyay alleged that the Prime Minister’s 15-Point Programme meant for religious and linguistic minorities was not being appropriately used in many states, particularly in Arunachal Pradesh, Assam, Goa, Jammu & Kashmir, Kerala, Lakshadweep, Manipur, Meghalaya, Mizoram, Nagaland, Punjab, Tamil Nadu, Uttar Pradesh and West Bengal.