Hindus likely to get minority status in eight states
Hindus are 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 (38.40).
There might be some hope for Hindus in eight states where they are in minority as the Supreme Court on Friday asked a PIL petitioner to approach the National Minorities Commission.
"Go to the commission. They are the most competent to decide. We cannot issue such directions," a bench headed by Justice Ranjan Gogoi told senior advocate Arvind Datar, who appeared for Delhi BJP leader and advocate Ashwini Upadhyaya.
Citing the 2011 Census, Upadhyaya pointed out that Hindus are 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 (38.40).
He argued that the benefits meant for the minority communities are being given away to a certain community, which is in majority, "in an illegal and arbitrary manner" "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 in the list in 2014, but not the Hindus," he said.
"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. Datar unsuccessfully argued that the commission only dealt with national level decisions and does not look into each state's demand and therefore SC could decide.
"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.