New Delhi: The Supreme Court today heard a petition seeking minority status for Hindus in states where Hindus have a small population. Meanwhile, Justice Sanjay Kishan Kaul said on the change in the government's response that it seems that the central government is not able to decide what it wants to do. In fact, while responding to a petition seeking minority status for Hindus in 10 states, the Centre had said that the states can take a decision on it. However, on Monday, the Centre again submitted an affidavit, saying the matter required detailed discussion with all parties.
Justice Sanjay Kishan Kaul said that the government should have given this stand earlier. The centre's changing such an answer creates uncertainty. You decide what you want to do? On seeking a pass-over from the Centre in the matter, Justice Kaul made the observation and decided to hear the matter after hearing the matter at the end of the board i.e. after hearing all the cases. The Supreme Court has given the Centre three months' time. Let us know that this petition has been filed by advocate Ashwini Kumar Upadhyay in the top court.
In the petition, Ashvini Upadhyay has challenged the validity of Section 2(f) of the National Commission for Minority Educational Institutions Act, 2004. The petitioner has sought directions to lay down guidelines for the identification of minorities in several states of the country. He argues that Hindus are also a minority in at least 10 states of the country, but they do not get the benefit of the schemes of the minorities. The petition said that in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab and Manipur, Jewish, Bahá'í and Hindu communities are a minority, but they cannot run their educational institutions there. Contrary to the rights given in the Constitution and the interpretation of the Supreme Court, this is wrong.
What the Centre said earlier:-
In response to the same petition, the Union Government's Ministry of Minority Affairs had filed an affidavit stating that minority communities in these states can open and run their own educational institutions. The state governments can take a decision in this regard. However, the Centre also said that the right to make laws in matters relating to minorities cannot be given to states alone as it would violate the Constitution and the decisions of the apex court.
What the Centre said today:- The Centre has sought more adjournment from the Supreme Court in the matter of granting minority status to Hindus. The Central government on Monday filed a fresh affidavit in the matter, saying the matter required extensive consultations with the state governments and other stakeholders. Because the case will have far-reaching implications across the country. In such a situation, the decision taken without detailed discussion can cause complexity.
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