Lawstreet Journal

Why don't Hindus have minority rights in States where they consist only 2% of the population? [Read PIL]

Lawstreet Journal 30 Jul 2021 12:19am

Image courtesy: Lawstreet Journal Executive Why don't Hindus have minority rights in States where they consist only 2% of the population? [Read PIL]

A PIL has recently been filed in the Supreme Court challenging the procedure for declaration and recognition of religious minorities in India. 

Minorities in India are determined on a national level. The PIL argues that minorities should be recognized on the state level. Hindus, who are in a numerical minority in 9 states including Ladakh, should be granted minority status in those states, as per the plea.

 

Source: Census 2011

 

Section 2(f) of the National Commission for Minority Educational Institutions 2005 (NCMEI) and section 2(c) of the National Commission for Minorities Act (NCM)1992, give the Central government the power to declare a community as a minority. 

The central government determines minorities on a national level; therefore, Hindus are considered a majority everywhere, even in states where they are a numerical minority, and Muslims, Christians, Sikhs, Buddhists, Jains, and Parsis are notified as minorities all over the country.

Minority rights are enshrined in Article 29 and Article 30 of the Indian Constitution, which safeguard the rights of minorities to own and manage religious and educational institutions. 

After a daunting partition experience, India was faced with the unique challenge of establishing peace. Article 30 was created to provide safeguard to those who stayed in India after the partition. The Constitution makers intended to make minorities feel safe and heard in the country they chose. It has been seven decades now, and the intent of the Article is fulfilled. Article 30 has become as obsolete as Article 370. 

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Tagged: minority   National Commission for Minority   Hindu Minority   Equality  
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