Identification of minorities: Centre recordsdata report within the Supreme Court

The Central authorities has held session conferences with all state governments in addition to union territories and different stakeholders on the problem of identification of spiritual and linguistic teams, together with Hindus, to grant minority standing. The central authorities has given this data to the Supreme Court. Since then, 24 states and 6 union territories have submitted their views. In an affidavit submitted to the Supreme Court, the central authorities mentioned {that a} reminder, on this case, was despatched to 6 states and union territories on December 21, 2022.

In May 2022, the apex courtroom had directed the central authorities to carry consultations with the states with respect to the problem of the identification of minorities, together with Hindus, on the state degree. Accordingly, the centre held conferences with the states and UTs.

The Minority Affairs Ministry advised the supreme courtroom that it has held consultative conferences with all of the state governments and union territories, and different stakeholders together with the Ministry of Home Affairs, the Ministry of Law and Justice, the Ministry of Education, the National Commission for Minorities, and the National Commission for Minority Educational Institutes amongst others.

“The governments of 24 states – Andhra Pradesh, Assam, Bihar, Chhattisgarh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Punjab, Meghalaya, Mizoram, Manipur, Odisha, Sikkim, Uttarakhand, Nagaland, Himachal Pradesh, Haryana, Gujarat, Goa, West Bengal, Tripura, Uttar Pradesh, Tamil Nadu and six Union Territories of Ladakh, Dadra and Nagar Haveli, Chandigarh, Delhi, Andaman and Nicobar Islands, and Puducherry have submitted their views,” the ministry mentioned.

According to the ministry, the remaining six state governments and Union Territories – Arunachal Pradesh, Jammu and Kashmir, Jharkhand, Lakshadweep, Rajasthan, and Telangana – are but to submit their views. The ministry mentioned {that a} reminder was despatched to 6 states and union territories on December 21, 2022. The Ministry of Minority Affairs has given this data in an affidavit.

The affidavit mentioned some states and Union Territories have requested further time to carry wider consultations with stakeholders earlier than forming their opinion on the problem. The affidavit has been filed in response to some petitions, together with one filed by advocate Ashwini Kumar Upadhyay. Upadhyay’s petition had sought a route to border pointers for the identification of minorities on the state degree. The petition mentioned that Hindus are a minority in 10 states.

The responses by stakeholders

The house ministry knowledgeable that courtroom that it has no particular place on the matter, saying that, “the issue of the authority of the Parliament or the State Legislature to exclusively legislate on matters pertaining to minority communities is to be examined in consultation with the Ministry of Law and Justice”.

Ministry of training and the National Commission for Minority Educational Institutions mentioned of their responses that the identification of minorities on the district degree is just not authorized, objecting to the plea made within the petitions.

West Bengal and Punjab governments mentioned that solely the states ought to have the suitable to establish and notify spiritual and linguistic teams as minorities. Andhra Pradesh, Tamil Nadu, Uttarakhand, Assam, Manipur and Sikkim governments said that states must be thought of for the identification of minorities and the nation shouldn’t be taken as a unit for that goal.

However, Tamil Nadu added that solely the inhabitants must be the bottom for granting minority standing, and different elements like precise or possible deprivation of the spiritual, cultural and academic rights and their socioeconomic standing and so forth additionally must be thought of.

Himachal Pradesh was the lone state to say that all the nation must be thought of as a unit. If Himachal’s argument is accepted, Hindus gained’t get minority standing in any state.

Manipur govt mentioned that any spiritual group which constitutes lower than 50% of the inhabitants in a state must be recognised as a non secular minority group of the state. Chhattisgarh said that Section 2(f) of the National Commission for Minority Educational Institutions Act could also be retained within the current type.

Haryana and Maharashtra mentioned that the Central Government can notify the minorities. Uttar Pradesh additionally mentioned it has no objection if any determination is taken by the Central Government within the matter.

Mizoram argued that the matter of reservation is within the concurrent listing, subsequently each the states and the centre could make legal guidelines on the topic, and it must be left to each the involved state and the centre.

Delhi mentioned it has objection if the followers of Judaism and Buddhism are declared as minority communities by the Central Government. Delhi authorities additionally said that that “the Central Government may declare ‘migrated minority’ status to the followers of Hinduism who are a religious minority in their origin state and are residing in Delhi after migration from their home state.”

On the opposite hand, Nagaland, Bihar, Gujarat, Karnataka, Kerala and Madhya Pradesh mentioned that they like the established order within the matter. Odisha opposed the petitioner’s prayer to take away any of the six notified minorities from the listing or to declare another group as a minority.

Meghalaya mentioned it has no feedback to make on the matter. Union Territories of Dadra and Nagar Haveli and Daman & Diu, Chandigarh, Andaman & Nicobar Islands, Jammu and Kashmir, and Ladakh mentioned that they are going to observe the instructions of the central authorities. Puducherry said that the petition doesn’t apply to union territories.

Arunachal Pradesh, J&Ok, Jharkhand, Lakshadweep, Rajasthan and Telangana are but to submit their responses.

The petition

The petitioners have moved the courtroom searching for instructions to the central authorities to outline the time period ‘minority’ and likewise to specify pointers to establish minorities on the district degree. The Petitions additionally problem the constitutional validity of Section 2(c) of the National Commission for Minorities Act, 1992, which provides the Centre energy to inform minorities. Earlier in March final yr, the centre had mentioned within the courtroom that within the states the place Hindus are a minority, they are often granted minority standing.

However, later the centre mentioned that whereas it has the ability to inform minorities, a stand on this regard may be taken solely after huge consultations with State Governments and different stakeholders to keep away from unintended problems in future.