New Delhi, December 24
The Congress-led UPA Government is all set to grant the “national minority” status to Jains, fulfilling a long-pending demand of the community.

The Law Ministry headed by Kapil Sibal is learnt to have approved the decision. A Cabinet note to take the process forward would be moved any time now.

“We have been rooting for approval of this demand for a long time. Jains must be given the national minority status considering they are a separate religion and not part of Hinduism. This demand is genuine,” Law Minister Kapil Sibal told The Tribune today.

Sources in the government said the Ministry of Minority Affairs had recently sought legal opinion on the matter and the Law Ministry ruled in favour of giving Jains a minority status. The developments come on the eve of 2014 Lok Sabha polls.

Sources in the Law Ministry said, “The file is pending with the Attorney General of India but it is known that legally there is no problem in going ahead with the move. Once the file returns from the AG’s office, a Cabinet note will be moved and the minority status to Jains notified.”

Once notified, Jains will become the sixth national minority after Muslims, Christians, Sikhs, Buddhists and Parsis. The current five central minorities are listed under the National Commission for Minorities Act 1992 and are entitled to all social and economic benefits including scholarships and funds listed under the PM’s 15-point programme for minorities.

At present, the Jains are a minority at the level of 13 states but since the Census of 2001 (which pegged their population at 0.1 pc of India’s population) they have been demanding the status of a national minority under the NCM Act on grounds that they are a separate religion with their distinct ceremonies for birth and death and marriage.

Some of the states which have notified Jains as a minority are UP, Madhya Pradesh, Karnataka, Chhattisgarh, Jharkhand, Andhra Pradesh, Delhi and Maharashtra.

Jains currently constitute 0.4 per cent of India's population as against 13.4 pc Muslims, 2.3 pc Christians, 1.9 pc Sikhs, 0.8 pc Buddhists and 0.4 pc Parsis -- the notified minorities under Section 2 C of the National Commission of Minorities Act, 1992.

The delay in decision making occurred on account of a review petition pending in the Supreme Court on the matter. This review was filed by Bal Patil, Convener of Dakshin Bharat Jain Subha, after a three-judge bench of the apex court earlier said that the Centre should take a decision on the minority status for Jains adding that the minorities should be notified at state level.

The Law Ministry sought an opinion from the Attorney General recently on whether the Centre can go ahead and give minority status to Jains despite a review pending. Former NCM chairman Wajahat Habibullah, during his tenure, had already favoured the grant of minority status to Jains despite the review pending. “Under the NCM Act, the Government has the power to notify central minorities,” Habibullah says.

Law Minister Kapil Sibal said, “The SC bench did not say the Centre could not give minority status to Jains. This is an administrative decision and we must take it.”