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Centre seeks more time for stand on minority status to Hindus in some states
In May, the Union government sought time to carry out a “wide consultation” with states and other stakeholders. In its August 29 affidavit, the Centre said it must wait for the views of Nagaland, J&K and Arunachal Pradesh where “the issue may have wider ramifications”
NEW DELHI: The Union government on Monday requested the Supreme Court to give it more time for finalising an opinion on granting minority status to Hindus in states and Union territories where they are outnumbered by other communities.
Submitting its affidavit, the government said that the process of consulting states and UTs regarding the minority status for Hindus is underway and that it will require more time to convey to the court its final stand on the matter.
Initially, the Centre in March took a stand before a bench led by justice Sanjay Kishan Kaul that both the Union and state governments have the power to accord minority status to a community. But in May, it withdrew from this position and sought time to carry out a “wide consultation” with states and other stakeholders.
The affidavit, filed on August 29, said that the Centre held meetings with the state governments of Nagaland, Punjab, Meghalaya, Mizoram, Arunachal Pradesh, Himachal Pradesh, Haryana and Uttar Pradesh, along with the UTs of Jammu & Kashmir and Ladakh. While some of these states and UTs have furnished their comments, the majority of them are yet to take a position, added the affidavit filed through the Union ministry of minority affairs.
According to the Centre, it must wait for the views of Nagaland, J&K and Arunachal Pradesh since “the issue may have wider ramifications” in these states and UTs.
The ministry has also proposed to hold meetings in the ensuing weeks with the remaining states in order to have their views, said the affidavit pleading for more time.
The affidavit was filed in connection with a petition by advocate Ashwini Upadhyay, who is also a leader of the ruling BJP. He has challenged the validity of Section 2(f) of the National Commission for Minorities Educational Institutions (NCMEI) Act on the ground that it gives unbridled powers to the Centre to restrict minority benefits to the notified six religious communities -- Christians, Muslims, Sikhs, Buddhists, Parsis and Jains.
The petition, filed through advocate Ashwani Dubey, said that Hindus are merely 1% in Ladakh, 2.75% in Mizoram, 2.77% in Lakshadweep, 4% in Jammu and Kashmir, 8.74% in Nagaland, 11.52% in Meghalaya, 29% in Arunachal Pradesh, 38.49% in Punjab, and 41.29% in Manipur.
In May, a bench led by justice Kaul allowed the Centre time till August 30 to consult stakeholders and submit a report on whether minority status could be given to Hindus based on their population within a state.
The May 10 court order came after the Union government said it will initiate a “wide consultation” with states and other stakeholders to examine whether Hindus can be granted minority status in states where their numbers are less than those of other communities.
The government sought time for deliberation while withdrawing its previous stand in March when the Centre sought dismissal of Upadhyay’s writ petition and defended the 1992 NCM Act and the 2004 NCMEI Act.
In its first affidavit filed in March, the central government put the onus on states and Union territories (UTs) to take a call on whether or not to grant minority status to Hindus where they are numerically less, adding that both the Centre and states have the legislative competence to enact laws on the protection of minorities.
While withdrawing its previous affidavit in May, the government conceded that the question involved in the petition has far-reaching ramifications throughout the country and, therefore, any stand taken without detailed deliberations with the stakeholders may result in an unintended complication for the country.
The May affidavit underlined that although the power is vested with the central government to notify minorities, the stand to be formulated by the Centre with regard to issues raised in the batch of petitions on the issue will be finalised after wide consultations with the state governments and other stakeholders.
Meanwhile, in August, another petition on a similar issue came up before a bench led by justice Uday Umesh Lalit, which observed that the top court cannot issue a generic directive declaring Hindus as minority in states, pointing out that the determination of minority status depends on several empirical factors and statistics that puts the exercise outside the judicial domain.
In its affidavit on Monday, the government has also referred to the pendency of the other matter before the bench led by justice Lalit.
