New Delhi: The nationwide consultation on the “sensitive” issue of revisiting minority status of citizens and opening it to Hindus in states where they are in a minority will take time, the Centre has informed the Supreme Court, adding that only 14 states and four Union territories have so far submitted their opinions in this regard.
In an affidavit, filed by the Union ministry of minority affairs on Monday, the government informed the court that 19 states and UTs are still in the process of consulting various stakeholders on the matter.
The affidavit came in response to a public interest litigation (PIL) by lawyer and Bharatiya Janata Party leader Ashwini Kumar Upadhyay, who has sought that minority status be determined in a state-specific way.
The matter was listed on Tuesday before a bench of justices Sanjay Kishan Kaul and AS Oka but could not be taken up as both judges were sitting in a Constitution bench.
“Since the matter is sensitive in nature and will have far-reaching ramifications, this court may kindly consider allowing more time to enable state governments/UTs and stakeholders, with whom the consultative meetings have already been held, to finalise their considered views in the matter,” the affidavit said.
In August, the Centre had sought extension in the matter in August citing that the consultative process was still ongoing and states were yet to respond.
{{/usCountry}}In August, the Centre had sought extension in the matter in August citing that the consultative process was still ongoing and states were yet to respond.
{{/usCountry}}In its latest status report, the ministry informed the court that Punjab, Mizoram, Meghalaya, Manipur, Odisha, Uttarakhand, Nagaland, Himachal Pradesh, Gujarat, Goa, West Bengal, Tripura, Uttar Pradesh, and Tamil Nadu have submitted their responses, as have the UTs of Ladakh, Dadra and Nagar Haveli, Daman & Diu, and Chandigarh.
The Centre has sent a reminder to the remaining 19 states and UTs to furnish their responses at the earliest. “Some states/UTs have requested for additional time to have wider consultation with all stakeholders before they form their considered opinion on the matter,” the affidavit stated.
In his petition, Upadhyay questioned why rights and benefits available to minorities to establish educational institutions were available only to six notified communities — Christians, Muslims, Sikhs, Buddhists, Parsis and Jains.
He said Hindus are equally entitled to such benefits as they are merely 1% of the population in Ladakh, 2.75% in Mizoram, 2.77% in Lakshadweep, 4% in Jammu & Kashmir, 8.74% in Nagaland, 11.52% in Meghalaya, 29% in Arunachal Pradesh, 38.49% in Punjab and 41.29% in Manipur. He challenged the validity of the two laws — National Commission for Minorities (NCM) Act, 1992, and the National Commission for Minorities Educational Institutions (NCMEI) Act, 2004 — for not recognising minorities based on population.
Earlier this year, the Centre changed its stand on the issue of granting minority status to Hindus. In an affidavit filed on March 28, it dismissed Upadhyay’s plea as “untenable and misconceived in law”. It further stated that Parliament and state legislatures have “concurrent powers to enact law to provide for the protection of minorities and their interests”.
Later in May, the Centre came with a fresh affidavit recalling its earlier stand and said that the question raised in the petition has “far-reaching ramifications throughout the country”. It suggested that “any stand taken without detailed deliberations with the stakeholders may result in an unintended complication for the country” and sought time to hold wide consultations. The court directed the consultations to be concluded by August 30 but the Centre has since been buying time.