Are Hindus Being Denied Minority Status In Mizoram Or Kashmir? - SC Asks In PIL Seeking Minority Status Determination At District Level

The Supreme Court today asked the Petitioner in a PIL seeking the determination of minority status at the district level, whether the Petitioner has a concrete case that Hindus are being denied minority status in states like Mizoram or Kashmir. The Bench said that it is will consider the PIL if that is the case.

The Bench comprising of Justice U. U. Lalit, Justice Ravindra Bhat and Justice Sudhanshu Dhulia observed during the short hearing that "it will be travesty of Justice" if Sikhs claim minority status in Punjab. 

Senior Advocate Arvind Datar appearing for the Petitioner sought an adjournment of the matter after the Bench asked what injury has been caused to the Petitioner and asked whether Hindus have been denied minority in a state where they are in minority. The Court said that it cannot consider the case in the air, unless the Petitioner has a concrete case of denial of minority status to Hindus where it is in minority.

The Bench also remarked that the Supreme Court has already held that the minority status has to be determined at the state level.   

PIL has been filed by Devkinandan Thakur Ji, a Spiritual Leader and orator of Bhagwat Katha challenging the validity of Section 2(c) of the National Commission for Minorities Act, 1992. The Petitioner has sought district-wise identification of minorities. (read report)

The Petition filed through Advocate Ashutosh Dubey states that the rights of the real minorities under Articles 29 and 30 is being siphoned off illegally to the majority community in the States because the Centre has not notified them as a minority under the Act.

A similar PIL has had been filed earlier by Advocate Ashwini Kumar Upadhyay seeking a determination of minorities at the state level is already pending before the Supreme Court.

The Center has filed its reply to Ashwini Upadhyay's plea stating that the State governments can declare any religious or linguistic community, including Hindus, as a minority within the said state.