SC discover to Centre on PIL looking for state-wise dedication of minorities

Satya Prakash

Tribune News Service

New Delhi, August 28

The Supreme Court on Friday issued a discover to the Centre on a petition difficult the validity of the National Commission for Minority Educational Institutes Act (NCMEI), 2004.

A Bench led by Justice Sanjay Kishan Kaul requested the Ministry of Home Affairs, the Ministry of Law and Justice; and the Ministry of Minority Affairs to reply to the PIL filed by Delhi BJP chief and advocate Ashwini Kumar Upadhyay.

The petitioner has sought a state-wise dedication of minority standing on the premise of inhabitants for the aim of administering academic establishments.

Upadhyay needed the highest court docket to direct the Centre to border tips for figuring out minorities on the state-level.

On behalf of Upadhyay, senior advocate Vikas Singh mentioned Hindus had been in minority in 10 states however had not been declared so.

The petitioner particularly challenged the validity of Section 2(f) of the National Commission for Minority Education Institution Act, 2004, on the bottom that it gave unbridled energy to the Centre to declare any group as a minority with out there being correct tips.

Section 2((f) of the NCMEI Act says, “minority”, for the aim of this Act, means a group notified as such by the Central Government.

The time period ‘minority’ has additionally not been outlined below the Constitution or below the National Commission for Minorities Act, 1992.

According to a 2011 census, Hindus are in minority in eight states — Lakshadweep (2.5 per cent), Mizoram (2.75 per cent), Nagaland (8.75 per cent), Meghalaya (11.53 per cent), Jammu and Kashmir (28.44 per cent), Arunachal Pradesh (29 per cent), Manipur (31.39 per cent) and Punjab (38.40 per cent).

The prime court docket had on November 10, 2017, declined to entertain a plea filed by Upadhyay looking for minority standing for Hindus in seven states and one Union Territory and requested him to strategy the National Commission for Minorities (NCM). Later, the NCM had mentioned it was not for it to outline the time period ‘minority’.

Upadhyay contended that regardless of being a minority in these states, Hindus weren’t able to avail of the advantages meant for them, and the communities which fashioned a majority in these states had been nonetheless taking advantages meant for minorities.

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