Lawstreet Journal

States Can Grant Hindus Minority Status If They Are A Minority In That State: Centre To Supreme Court

Lawstreet Journal 29 Mar 2022 7:41am

Image courtesy: Lawstreet Journal Executive States Can Grant Hindus Minority Status If They Are A Minority In That State: Centre To Supreme Court

The Central Government told the Supreme Court in a petition seeking minority status for Hindus in Mizoram, Nagaland, Manipur, Meghalaya, Arunachal Pradesh, Punjab, Lakshadweep, Ladakh, Kashmir, and other states that they can be notified as minorities for the purposes of Articles 29[1] and 30[2] by the concerned State Governments.

The Centre has told the Court that minorities are determined with reference to the overall population in a State Government, citing precedents in the TMA Pai case[3] and other matters.

According to Ashwini Upadhyay's counter-affidavit in the Public Interest Litigation, states have the authority to proclaim minorities. The example of Maharashtra's government declaring "Jews" a minority in the state in 2016 is used. In addition, the state of Karnataka has recognized Urdu, Telugu, Malayalam, Tamil, Marathi, and Tulu as linguistic minorities.

As a result, the petitioner's assertion that followers of Judaism, Bahaism, and Hinduism, who are true minorities in Ladakh, Mizoram, Lakshadweep, Meghalaya, Nagaland, Punjab, Arunachal Pradesh, and Punjab, are unable to exercise their rights as minorities under Article 29 and 30 is incorrect.

Therefore, in view of the States also notifying minority communities, the Petitioner's allegation that the followers of Judaism, Bahaism and Hinduism, who are real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, cannot establish and administer educational institution of their choice is not correct.
It is submitted that matters such as declaring the followers of Judaism, Bahaism and Hinduism, who are minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya,… Continue Reading...


Tagged: Supreme Court of India  
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