Jains not a Minority, read SC judgment

[Guest guest]

Namaskar Mitra,

http://esamskriti.com/html/inside.asp?cat=740&subcat=739&cname=sc_judgment_jains_not_minority

Through a August 05 judgment, the Supreme Court held that Jains are not a

minority. Interestingly a Economic Times editorial criticised the Supreme Court

for its judgment!

 

Judgment Highlights

According to a 11 judges bench speaking through CJ Kripal “for the State

Government to decide as to whether the Jain community should be treated as a

minority community in their respective states after taking into account their

circumstances/conditions in that state". It is also informed that the State

Governments of Chhatisgarh, Maharashtra, Madhya Pradesh, Uttar Pradesh and

Uttaranchal have already notified Jains as 'minority' in accordance with the

provisions of the respective State Minority Commissions Act. The expression

'minority' has been used in Articles 29 and 30 of the Constitution but it has

nowhere been defined. Minority as understood from constitutional scheme

signifies an identifiable group of people or community who were seen as

deserving protection from likely deprivation of their religious, cultural and

educational rights by other communities who happen to be in majority and likely

to gain political power in a democratic form of Government based on election.

The National Minorities Commission does not have the power to define who is a

Minority. After the verdict in the eleven judges' Bench in TMA Pai Foundation

case (supra), the legal position stands clarified that henceforth the unit for

determining status of both linguistic and religious minorities would be

'state'. The so-called minority communities like Sikhs and Jains were not

treated as national minorities at the time of framing the Constitution unlike

Muslims, Christians. Sikhs and Jains, in fact, have throughout been treated as

part of the wider Hindu community, which has different sects, sub-sects,

faiths, modes of worship and religious philosophies. The word 'Hindu' conveys

the image of diverse groups of communities living in India Thus, 'Hinduism' can

be called a general religion and common faith of India whereas 'Jainism' is a

special religion formed on the basis of quintessence of Hindu religion.

Commissions set up for minorities have to direct their activities to maintain

integrity and unity of India by gradually eliminating the minority and majority

classes. In a caste-ridden Indian society, no section or distinct group of

people can claim to be in majority. All are minorities amongst Hindus. Our

concept of secularism, to put it in a nutshell, is that 'state' will have no

religion. The states will treat all religions and religious groups equally and

with equal respect without in any manner interfering with their individual

rights of religion, faith and worship.

Disagree. Then why must State governments control Hindu temples? Why must temple

contributions become part of the State Treasury? Why must not Hindus get subsidy

for going to Char Dham / Kailash Mansrovar like Muslims, ie if all religions are

equal?

 

Minority or not and constitutional benefits thereon has become a victim of vote

bank politics. The Akali Dal government of Parkash Singh Badal declared Sikhs

to be a minority in Punjab although Sikhs are a majority in that state and have

a fellow Sikh as Chief Minister. Since the Supreme Court has held

‘State’ to be the unit for deciding whether a community is a

Minority or not, wonder whether Hindus have been declared a Minority in the

states of Jammu & Kashmir, Mizoram, Nagaland, Punjab and so on!

 

With Prem, Cheers

sanjeev