Notice to the central government to transfer all petitions, pending in various High Courts, to the Supreme Court

TPlea to accord Hindus minority status in 9 states

In some states of India, Hindus are minorities. So the Hindus of these states should receive benefits like other minorities of India. The Government should have realised this and taken corrective measures at the central level. Hindus having to file a petition for this is disgraceful.

New Delhi – The Supreme Court has asked the central government to file a reply to a plea requesting a transfer of all the petitions seeking grant of minority status to Hindus the Supreme Court. Currently petitions are pending in various High Courts. This petition was filed by BJP leader and advocate Ashwini Upadhyay. The Supreme Court had earlier denied Upadhyay’s earlier plea  and asked him to approach the Delhi High Court. The Centre has notified that 6 communities – Muslims, Christians, Sikhs, Buddhists, Jains and Parsis – as minorities. So even in States and UTs where these communities are in majority, they still enjoy all the benefits meant for the minority community.

The petition states

  1. Section 2(C) of the National Commission for Minorities Act, 1992, which gives the status of being a minority in the country, has to be declared unconstitutional , unless Hindus are declared a minority ain the 9 states where their numbers are small and they get the benefits due to the minorities.
  2. As per the provision of the National Minorities Commission Act 1992 petitions are pending in various High Courts, all these petitions should be transferred to the Supreme Court for a decisive outcome.
  3. The Central Government has declared Muslims, Christians, Sikhs, Buddhists,  Jains and Parsis as minorities under Section 2 (c) of the Minorities Act; But Jews and Bahais have not been declared a minority. Similarly, in Kashmir, Ladakh, Punjab, Mizoram, Lakshadweep, Nagaland, Meghalaya, Arunachal Pradesh and Manipur, Hindus are minorities according to the 2011 census. .
  4. In 2002, a 11 Judge bench of the Supreme Court,  stated that minorities should be treated as minorities on the basis of language and religion. When all the states have been recognized on the basis of language, the status of minorities should not be at the national level, it should also be according to the language of the state.