Identification of minorities at state level: Supreme Court gives last opportunity to states to respond

Tribune News Service

Satya Prakash

New Delhi, January 12

Taking exception to certain state governments not responding to a PIL seeking identification of minorities at state level despite reminders, the Supreme Court on Friday gave them “one last opportunity” to spell out their respective stand on the contentious issue.

A Bench led by Justice Sanjiv Khanna was hearing PILs seeking a direction to the union government to define the term 'minority' and lay down comprehensive guidelines for the identification of minorities at the district level.

The Bench – which also included -- Justice Dipankar Datta -– adjourned to April the hearing on the PIL filed by advocate Ashwini Kumar Upadhyay who has sought minority status for Hindus in states/UTs where they are less in numbers.

“One last opportunity is granted to state governments to either furnish details or data to the central government or file an affidavit in this court. In case this is not done within the aforesaid time, the concerned state government shall pay a cost of Rs 10,000. The Union of India will file their status report at least two weeks before the next date of hearing,” the top court said.

Upadhyay has challenged the validity of Section 2(f) of the National Commission for Minority Education Institution (NCMEI) Act 2004 on the ground that it gave unbridled power to the Centre to declare any group as minority without there being proper guidelines.

He has sought minority status for Hindus in Punjab, Jammu and Kashmir, Ladakh, Mizoram, Nagaland, Manipur, Meghalaya, Arunachal Pradesh and Lakshadweep on the ground that Hindus were numerically lower strength in these states/UTs.

The Supreme Court had on April 10, 2023 given six weeks to the states of Rajasthan and Telangana and the Union Territory of Jammu and Kashmir to respond to the PIL seeking identification of minorities at the state level.

Contending Hindus were in minority in several states and were unable to avail the benefits of schemes meant for minorities, he also sought guidelines for identification of minorities at the state level. The top court had on November 22, 2022, asked the Centre to consult the states and UTs on the issue and file a report.

As comments from six states and Union Territories (UTs), including Jammu and Kashmir, to the Centre on the identification of minorities at the state level remained awaited, the Supreme Court had on January 17, 2023 expressed displeasure over it.

"We fail to appreciate why these states should not respond. We give last opportunity to the Central government to obtain their responses failing which we will presume that they have nothing to say," a Bench led by Justice SK Kaul (since retired) had said.

The Ministry of Minority Affairs had told the court in January, 2023 that 24 states and six UTs had furnished their comments on the issue and comments from Rajasthan, Jharkhand, Telangana and Arunachal Pradesh and UTs of Jammu & Kashmir and Lakshadweep -- were awaited.

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