Minority-status petition : SC fines Government for not responding

The way minorities open church-run schools or madarasas in the country, Hindus should also be allowed to in 9 States !

Adv. Ashwini Upadhyay

New Delhi – The Supreme Court has expressed dissatisfaction over the non-compliance of the Central Government on the petition challenging the formation of the National Minorities Commission. On 31st January, the Court imposed a token fine of Rs 7,500 on the Central government. The case in which the Court has imposed this fine has been filed by Advocate and BJP leader Ashwini Upadhyay. In the petition, there has been a demand for the determination of minorities according to the population in every State.

The petitioner has challenged the National Minority Commission Act of 1992 and the National Minority Commission Education Institution Act of 2004.

The petitioner says that Hindus are a minority in many states. The Hindu population in Ladakh is 1 per cent. The Hindu population is 2.75 per cent in Mizoram, 2.77 per cent in Lakshadweep, 4 per cent in Kashmir, 8.74 per cent in Nagaland, 11.52 per cent in Meghalaya, 29.24 per cent in Arunachal, 38.49 per cent in Punjab and 41.29 per cent in Manipur. But still, while implementing Government schemes, Hindus do not get any benefit fixed for minorities.

The petition also referred to the Supreme Court’s decision in the TMA Pai vs Karnataka case of 2002, when the Court had said that people who are less in number in any area have the right to open schools, colleges for the protection of their religion and culture under Article 30 (1) of the Constitution. Advocate Ashwini Upadhyay says that the way minorities open church-run schools or madarasas across the country, Hindus should also be allowed to in 9 States. These schools should get special Government protection.

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