Only state govt can appreciate interests of minorities: Punjab

Tribune News Service

Satya Prakash

New Delhi, January 14

Should religious and linguistic minorities be identified on the basis of their population in a state or UT?

The Centre has filed an affidavit in the Supreme Court detailing the stand taken by various states and UTs on the contentious issue after holding consultative meetings with them and other stakeholders.

It said 24 states and six UTs had furnished their views while comments from governments of Rajasthan, Jharkhand, Telangana and Arunachal Pradesh and UTs of Jammu & Kashmir and Lakshadweep were still awaited.

According to the affidavit, the AAP government of Punjab has told the SC that "keeping in view…the peculiar geographical and social scenario of the state of Punjab, only the state government is in a position to better appreciate the interests, wellbeing and problems of different sections/communities residing in the state” even as it said “Parliament and the state legislature have a right to enact law to provide for the protection of minorities and their interests…”

The Punjab Government maintained that “in India, different communities are in majority or in minority in different provinces/states depending on their population. Therefore, it becomes necessary to protect the interests of the respective minority residing in the state in accordance with the Constitutional provisions”.

Interestingly, the BJP-ruled states are divided over the contentious issue. While Gujarat, Madhya Pradesh, Karnataka favoured the current policy of allowing the Centre to decide who was a minority; Assam, Uttarakhand and Manipur said it should be done statewise. The UP Government said it would have no objection if any decision was taken by the Centre in the matter, while Haryana said it should be decided by the Centre on the basis of recommendation of the state. West Bengal and Tamil Nadu also said it should be decided at the state level.

The affidavit has been filed by the Ministry of Minority Affairs in response to a PIL filed by Delhi BJP leader and advocate Ashwini Kumar Upadhyay seeking minority status for Hindus in states/UTs where they are less in numbers.

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