Published: 4th Apr, 2022
Context
Petition before the Supreme seeking the identification of Hindus as minority in states and union territories where their numbers are below other communities.
About
What argument is presented in the abovementioned petition?
- The petition states that according to the numbers of 2011 census, the population of Hindus is less than 50% in the states and union territories of Lakshadweep, Mizoram, Nagaland, Meghalaya, J&K, Arunachal Pradesh, Manipur and Punjab.
What does the term ‘minority’ mean according to the Constitution of India?
- The Constitution of India mentioned the term ‘minority’ only on two occasions in Article 29 and in Article 30 but it nowhere defines the term.
- Though the Constitution of India recognizes two types of minorities i.e. religious and linguistic.
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Article 29 – Protection of Minority Interests
Article 30 – Minority's right to create and govern educational institutions.
Other important minority rights
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What has been the opinion of the Supreme Court of India in earlier judgments?
- The Supreme Court has held in the TMA Pai Foundation case that the Hindus may be a majority community in India but as they are in minority in the state of Punjab, that are entitled to Constitutional benefits provided to minorities.
- While deciding the above case, the Supreme Court referred DAV College vs State of Punjab and DAV College, Bhatinda vs State of Punjab.
What next?
The decision of Supreme Court of India in this petition is awaited. The verdict of the Honorable Court in the above matter will have great ramifications on the question of who are minorities in India.
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