India 'Minority' status for Hindus in some states? Issue referred to Law Commission for advice

11:30  07 december  2017
11:30  07 december  2017 Source:   indiatoday.intoday.in

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In a boost to the campaign to secure ' minority ' status to Hindus in eight states , the National Commission for Minorities has referred the issue to Law Commission for its "opinion, comment and advice ".

Issue referred to Law Commission for advice . Did you know about ' Minority ' status for Hindus in some states ?

In a boost to the campaign to secure 'minority' status to Hindus in eight states, the National Commission for Minorities has referred the issue to Law Commission for its "opinion, comment and advice".

It is to be noted that on November 11, the Supreme Court bench headed by Justice Ranjan Gogoi had refused to entertain a plea and asked a public interest litigation petitioner and Delhi BJP leader advocate Ashwini Upadhyay to approach the National Minorities Commission (NCM).

Hindus are in a minority in Lakshadweep (2.5 per cent), Mizoram (2.75), Nagaland (8.75), Meghalaya (11.53), J&K (28.44), Arunachal Pradesh (29) Manipur (31.39) and Punjab (38.4). Upadhyay argued that in the absence of the "minority" tag, benefits meant for the minority communities were being given away to majority community in each state in an illegal and arbitrary manner.

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The Supreme Court today asked petitioner in a PIL seeking minority status for Hindus in eight states to approach the National Minorities Commission . After this the petition was withdrawn.”We cannot issue such orders.

New Delhi [India], Dec 3 : The National Commission for Minorities (NCM) on Sunday sought the Law Commission 's opinion on minority status to the Hindus in eight states on the representation given by the petitioner, Ashwini Upadhyay.

Speaking to Mail Today, NCM chairman Ghayorul Hasan Rizvi said "Yes, we have referred the issue to the Law Commission. Now, we are waiting for their advice, opinion and comments to take the next step. After that, depending on the outcome, we will take up the issue with the government."

Asked if the law panel will accept the reference if forwarded directly or routing it through the law ministry was the correct procedure, Rizvi said anyway, let us wait for the law commission's response.

"If need arises, we will forward it again through the law ministry. We will request the ministry to forward it to the law commission."

"In exercise of powers conferred by the National Commission of Minority Act, the central government through a notification dated October 23, 1993 notified five communities viz Muslims, Christians, Sikhs, Buddhists and Parsis as "minority" community. Jains were also added to the list in 2014, but not the Hindus," he said.

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The Supreme Court on Friday refused to entertain a petition which sought a minority status for Hindus in 8 states of the country. As per the bench headed by Justice Ranjan Gogoi, they cannot issue such orders and the minority commission is the most competent body.

"Hindus in these states are being deprived of their basic rights, guaranteed under the Articles 25 to 30. Hence, the notification on minority community is not only arbitrary and irrational but also invalid and ultra-virus the Constitution of India and its basic structure," he argued.

"It is the duty of the government to identify and notify religious and linguistic minorities at State level so as to safeguard the rights of minorities," he argued.

"Christians are a 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 a significant population in Delhi, Chandigarh and Haryana but they are also treated as minority," the plea said.

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