SC petition challenging the constitutional validity of the National Commission for Minorities Act

Discussion in 'Politics & Society' started by Holy Triad, Jan 21, 2020.

  1. Holy Triad

    Holy Triad Senior Member Senior Member

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    Hindus suffering for being born in majority: Plea in SC challenges constitutionality of Minorities Commission, welfare schemes for religious minorities


    The writ petition filed by Hindu followers of the Sanatan Vedic Dharam also challenges the extension of Government welfare schemes to religious minorities using taxpayer money.


    The Supreme Court today issued notice in a petition challenging the constitutionality of the National Commission for Minorities Act, 1992, and the extension of Government welfare schemes to religious minorities using taxpayer money.


    Notice was issued today by a Bench presided by Justices RF Nariman and SR Bhat on a plea filed by followers of the Sanatan Vedic Dharam, who are members of the Hindu community. The writ petition was filed by Advocate Vishnu Shankar Jain.

    The petitioners have approached the Court highlighting that they are being unconstitutionally deprived of benefits available to similarly situated members of religious minorities through Government welfare schemes, in violation of Articles 14, 15 and 27 of the Constitution of India. The petition states, inter alia,


    “Petitioners are filing this petition against the injustice being done by the Central Government discriminating them with the members of other religious communities distinguished on the basis of religion. The Petitioners and other members of Hindu community are suffering because they have been born in majority community.”

    -Petitioners






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    Further, it is argued that recognising religious minorities and extending special benefits to them, while excluding similarly placed Hindus, would also adversely affect the integrity of India. In this regard, the petition states,


    "The Government and Parliament of India cannot promote minoritism and cannot show inclination towards them and allure them to flourish by initiating beneficial programs for them. Such an action will be detrimental for the Sovereignty and Integrity of India and give rise to separatists and may create a situation for another division of the nation.”

    Petitioners

    A specific challenge has also been made to the constitutionality of the National Minorities Commission as well, which the petitioners argue entails a fraud on the Constitution.

    … the purpose of establishing minority commission is unconstitutional and also the initiation of beneficial schemes for religious minorities is fraud on the constitution and misuse of power being committed by the Central Government to appease a section of the society at the cost of National integration. This type of scheme will destroy the constitutional fabric and will create dissatisfaction amongst majority community for being suppressed and discriminated for taken birth in Hindu community.”

    The petitioners have contended that members of the Hindu community are being discriminated on the ground of religion when the Government restricts the extension of welfare/beneficial schemes and scholarships only to religious minorities.

    Inter alia, objection has been registered to the allocation of Rs 4,700 of the Government's 2019-2020 budget for the implementation of such welfare schemes. The petition states,

    “… members of Hindu community are being discriminated merely on the ground of religion as a number of beneficiary schemes carrying budget of Rs.4700 crores have been initiated in favour of some religious minorities even though Constitution of India does not conceive the idea for making special provision in the name of any religion or for making separate law and schemes for the benefit of majority or minority community.”

    In this regard, specific submissions have also been made against the provision of welfare schemes for waqf properties, which also find a place in in the 2019-2020 budget. The petitioners argue that by giving such "undue advantage", the Government is treating Muslim community above law and the Constitution." On this aspect, the petition also states,

    [​IMG]

    "The Government is showing undue favour to Waqf and Waqf properties denying the same benefit to the institutions of Hindu community like Trusts, Mutts, Akharas and other religious denominations...

    ... it is clear that Central Government has shown undue favour to Waqf properties denying same benefit to the properties managed by Hindu Trusts, Mutts and Akharas. It is clear that the Government is making discrimination with the members of Hindu community on the basis of religion and giving undue advantage and preference to the members of Muslim community and the properties occupied by Waqf Boards at the cost of tax payer money being paid by majority Hindu community thereby violating provisions contained in Article 15 and 27 of the Constitution of India."

    The petitioners go on to submit that taxpayer money cannot be used towards the implementation of such minority religion-based schemes, as the same would run counter to the secular ethos of the Constitution of India.

    … members of majority community similarly situated with those of minority communities are being deprived of the benefit being extended to religious minorities The State cannot promote or give any benefit to any religious community whether minority or majority keeping in view the secular ethos embedded in the Constitution of India.”

    As per the petitioners, the Government cannot be invested with the power to declare any Community as a Minority Community either. Rather, “It is for the Minority Community to establish the institution of its choice in accordance with Article 30 of the Constitution of India.”

    While this is the case, the petitioners have attacked the constitutionality of the National Minority Commission, arguing that the Parliament cannot make any law for the benefit of religion.

    Further, it is submitted that the Minority Commission is redundant in view of there being a Backward Classes Commission to find out the conditions of backward classes that need aid. This contention has been forwarded while arguing that religion should not form the basis of government aid, but rather that that only socio-economic backward status, regardless of religion, should be factored in.

    … there is no scope for the Minority Commission to judge the conditions of religious minorities separately. There can be no justification for appointing a commission over and above the Backward Class Commission.”

    The petitioners add,

    … in absence of any report of any commission describing the notified minorities as socially and educationally backward classes the Central Government, the Parliament has no power or jurisdiction to initiate any schemes and provide financial help to them.”

    In view of these, among other, submissions, the petitioners have made the following prayers:

    • That the Supreme Court strike down the National Commission for Minorities Act, 1992;

    • That the Supreme Court direct or declare that the Central Government has no right, jurisdiction and power to grant benefits from tax payer money on the schemes framed in favour of notified religious minority communities
    • That the Supreme Court restrain the Central Government from implementing and spending any money from Government fund for welfare schemes meant only for religious minorities.
    • That the Supreme Court direct the Central Government to give benefit of the beneficial schemes uniformly to all the eligible candidates belonging to any creed, caste or religion on economic basis;
    • That the Supreme Court direct the Central Government to frame guidelines laying down necessary conditions and eligibility criteria for all the eligible candidates irrespective of their caste or religion to avail the benefit of Centrally sponsored beneficial schemes
    https://www.barandbench.com/news/li...sion-welfare-schemes-for-religious-minorities
     
    Last edited: Jan 21, 2020
    parijataka, Tibarn, Waanar and 8 others like this.
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  3. Holy Triad

    Holy Triad Senior Member Senior Member

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    A bench, comprising Justices RF Nariman and S Ravindra Bhatt, issued the notices on a petition filed by Sanatan Vedic Dharam lawyer Vishnu Shankar Jain.

    Jain was the VHP counsel in the Ayodhya case.

    The petition has among other things challenged the constitution of a National Minorities Commission created to safeguard the constitutional and legal rights of the minorities.


    The Constitution bars any discrimination among citizens on the ground of caste, religion or gender. But gives the state an option to draw up special affirmative schemes for minorities, women and children. The petition filed by the outfit seems to be specifically challenging any affirmative action for the minorities.

    https://m.economictimes.com/news/po...minority-schemes/amp_articleshow/73468559.cms


    Members do share your thoughts on this petition,

    @Haldiram @Assassin 2.0 @ezsasa @Aaj ka hero @Indx TechStyle @vampyrbladez @indiatester @captscooby81 @Bhoot Pishach @sorcerer @muzzies slayer @indus and @all
     
  4. Bhumihar

    Bhumihar Jako Rakhe Saiyan Mar Sake Na Koi Senior Member

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    Good a step has been taken in the right direction now whether it holds in the court is another matter. But the attempt is appeiciated, it goes to show we are not afraid to fight injustice.
     
    Tibarn, HariPrasad-1, indus and 3 others like this.
  5. Bhumihar

    Bhumihar Jako Rakhe Saiyan Mar Sake Na Koi Senior Member

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    Ah VHP my favourite Hindu Organisation.
    If there is an Hindu organisation that I'm openly willing to join its VHP and Agniveer.

    It's a right mix of Religion, logic and Technocrat perfect for youth.
     
  6. Haldiram

    Haldiram Senior Member Senior Member

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    The most technocrat group with a mix of religion and logic was :

    [​IMG]
     
    Bleh, Holy Triad, Bhumihar and 2 others like this.
  7. HariPrasad-1

    HariPrasad-1 Senior Member Senior Member

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    I have donated to Agniveer on couple of occasions. Tell me more about them.
     

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