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Plea in Supreme Court seeks switch of petitions difficult minority standing of Muslims, Christians, Sikhs, Buddhists, Parsees

The plea, filed by BJP chief Ashwini Kumar Upadhyay, has additionally requested the National Commission for Minorities to rethink the definition of minority.

A plea has been filed within the Supreme Court, searching for a switch of all pending petitions earlier than varied High Courts difficult the validity of the Centre’s 26-year-old notification declaring 5 communities — Muslims, Christians, Sikhs, Buddhists and Parsees — as minorities.

The plea filed by BJP chief and advocate Ashwini Kumar Upadhyay has urged for a switch of the instances pending within the Delhi High Court, Meghalaya High Court and Gauhati High Court, which have challenged the constitutional validity of part 2(c) of the National Commission for Minorities Act, 1992, underneath which the notification was issued on October 23, 1993.

The petition, filed by means of advocate Ashwani Kumar Dubey, stated as a way to keep away from multiplicity of litigations and conflicting views, the plea has been moved earlier than the Supreme Court.

“Denial of minority rights to real minorities and arbitrary and irrational disbursement of minority benefits to majority infringes upon the fundamental right to the prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth,” the plea stated.

In his petition, the petitioner stated Hindus, who’re a majority group based on nationwide knowledge, are a minority in a number of north-eastern States and in Jammu and Kashmir.

However, the Hindu group is disadvantaged of the advantages which are out there to the minority communities in these States, the plea stated, including that the National Commission for Minorities (NCM) ought to rethink the definition of minority on this context.

The plea has sought to declare part 2(c) of the NCM Act 1992 “void” and “inoperative” for being “arbitrary”, “unreasonable” and “offending“.

The definition of “minority”, based on Article 29-30 of the Constitution, has left leakages within the fingers of the state, which shall be misused and are being misused for political advantages, the petition stated, including that the minority standing be granted to Hindus in States the place the variety of the group members has decreased.

The plea has sought the minority standing for Hindus in six States and two Union Territories, the place the variety of the group members has fallen based on Census 2011.

The petition has acknowledged that based on the 2011 Census, Hindus are a minority in six States — Mizoram (2.75%), Nagaland (8.75%), Meghalaya (11.53%), Arunachal Pradesh (29%), Manipur (31.39%), Punjab (38.40%) — and within the Union Territories of Jammu and Kashmir (28.44%) and Lakshadweep (2.5%).

“Their minority rights are being siphoned off illegally and arbitrarily to the majority population because neither the Centre nor the State governments have notified Hindus as a ‘minority’ under the National Commission for Minorities Act. Therefore, Hindus are being deprived of their basic rights,” the plea has stated.

It has identified that Christians are in majority in Mizoram, Meghalaya and Nagaland and there’s a important Christian inhabitants in Arunachal Pradesh, Goa, Kerala, Manipur, Tamil Nadu and West Bengal, however they’re handled as a minority group.

Likewise, Sikhs are in majority in Punjab and there’s a important Sikh inhabitants in Delhi, Chandigarh and Haryana, however they’re handled as a minority group, it stated.

Muslims are a majority in Lakshadweep (96.20%), Jammu and Kashmir (68.30%) and there’s a important illustration of the group in Assam (34.20%), West Bengal (27.5%), Kerala (26.60%), Uttar Pradesh (19.30%) and Bihar (18%).

However, they’re having fun with the “minority” standing and communities, that are actual minorities, should not getting their professional share, jeopardising their fundamental rights assured underneath Articles 14, 15, 19 and 21 of the Constitution, the petition has stated.

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