Shorten list of Minorities says SC, insights

08-11-2005, 01:08 AM

Namaskar,
in response to a petition by the Jain community declaring them as a minority the
SC disposed off the petition. What the Hindustan Times front page article quotes
the SC as saying, "Sikhs and Jains have throughout been part of the wider Hindu
community". Further the article says 'The court concluded that Hinduism can be
called a general religion and the common faith of India'.

The Maharashtra and Rajasthan govts have declared Jains a minority in their
states. So also the Akali Govt declared the Sikhs as a minority in Punjab. Will
State govts reverse their orders after this decision. with prem sanjeev

http://www.hindustantimes.com/news/181_1457684,0008.htm
List of notified minorities should be done away with: SCPress Trust of IndiaNew
Delhi, August 10, 2005
Defining the ultimate aim of a democracy like India, the Supreme Court has said
the practice of listing religious groups, as 'minority communities' should be
discouraged and the list be gradually be done away with as it promotes divisive
tendencies to weaken the nation.
A three-judge Bench comprising Chief Justice RC Lahoti, Justice DM Dharmadhikari
and Justice PK Balasubramnyan reminded the Minorities Commissions set up by the
Centre and state governments that the goal of the Constitution was to create
social conditions where there was no need to shield or protect rights of
minority or majority communities.
"The Commissions instead of encouraging claims from different communities for
being added to a list of notified minorities under the Act, should suggest ways
and means to help create social conditions where the list of notified minorities
is gradually reduced and done away with altogether," said Justice Dharmadhikari,
writing for the Bench recently.
This ruling was given while disposing of a petition demanding minority status
for the Jain community. The Bench accepted the Centre's stand that it was for
the states to determine whether Jains were a minority community depending on
their social condition in their respective states.
The Court said, "In a caste-ridden Indian society, no section or distinct group
of people can claim to be in majority. All are minorities amongst Hindus. Many
of them claim such status because of their number and expect protection from
the State on the ground that they are backward."
The Court said if each minority group felt afraid of the other group, an
atmosphere of mutual fear and distrust would be created posing serious threat
to the integrity of the nation leading to sowing of seeds of multi-nationalism.
"It is, therefore, necessary that Minority Commission should act in a manner so
as to prevent generating feelings of multi-nationalism in various sections of
people of Bharat," Justice Dharmadhikari said.
The Bench said the commissions were set up to direct their activities to
maintain integrity and unity of India by gradually eliminating the minority and
majority classes.
Noticing reorganisation of states on linguistic basis, the Court said
"differential treatments to linguistic minorities based on language within the
state is understandable but if the same concept for minorities on the basis of
religion is encouraged, the whole country, which is already under class and
social conflicts due to various divisive forces, will further face division on
the basis of religious diversities."
Claims for minority status based on religion would increase as various sections
would hope for getting special protections, privileges and treatment as part of
constitutional guarantee, it said.
"Encouragement to such fissiparous tendencies would be a serious jolt to the
secular structure of the constitutional democracy," the Bench said and
cautioning that "we should guard against making our country akin to a
theocratic state based on multi-nationalism".
The Court said the Commission should gear its activities to keep them in right
direction with the above constitutional perspective, principles and ideals in
view.
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