On Monday, March 28, the Supreme Court will hear a plea seeking to identify minorities at the state level and provide minority status to Hindus in states and union territories where their numbers have fallen below those of other communities.
The Narendra Modi government has told the Supreme Court that states with a small number of Hindus or other communities can proclaim them a minority community within their own borders, allowing them to establish and operate their own institutions.
What exactly is the problem?
According to the petition filed by Advocate Ashwini Upadhyay, Hindus have become a minority in Lakshadweep (2.5 percent), Mizoram (2.75 percent), Nagaland (8.75 percent), Meghalaya (11.53 percent), J & K (28.44 percent), Arunachal Pradesh (29 percent), Manipur (31.39 percent), and Punjab (38.40 percent) since the 2011 census.
However, they have been denied minority benefits that are today enjoyed by the majority communities in these locations. The TMA Pai Foundation case (TMA Pai Foundation & Ors vs State of Karnataka & Ors) and the Bal Patil case (TMA Pai Foundation & Ors vs State of Karnataka & Ors) are cited in the plea (Bal Patil & Anr vs Union of India & Ors).
Minorities in the Constitution
Article 29, which addresses the Protection of Minority Interests states that
“Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of their own shall have the right to conserve the same. No citizen shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language, or any of them.”
Article 30 addresses the Right of minorities to create and control educational institutions states that
“All minorities, whether religious or linguistic, have the right to construct and run educational institutions of their choosing.”
Who are the minorities in India?
As of now, only those communities that have been recognised by the central government under section 2(c) of the National Minorities Commission Act, 1992, are considered minorities.
Which minorities are notified by the government of India?
On October 23, 1993, the Centre used its authority under Section 2(c) of the NCM Act to declare five groups as “minority” communities: Muslims, Christians, Sikhs, Buddhists, and Parsis. In January 2014, Jains were added to the list.
Published by – Kiruthiga K
Edited by – Kritika Kashyap
