Two PILs have been filed in the Guwahati and Meghalaya H.C.s seeking the declaration of Hindus in Nagaland, Mizoram, and Meghalaya as “Minorities” in the region.
The Caselaw as filed in Guwahati and Meghalaya are- Delina Khongdup v. Union of India and Pankaj Deka v. Union of India respectively.
The petitioners have challenged the notification dated October 23, 1993, that mentioned Muslims, Christians, Sikhs, Buddhists, Parsis, and Jains as the Minority Communities. In the North-Eastern region, Christians are in majority yet they enjoy the minority status along with the benefits while the minority in the concerned status suffer and are deprived of the minority benefits. Therefore, they argue that the minority must be calculated basis on the population in the region not based on their population in the country.
While granting the benefits to the minority section of the society, an interpretation of the Constitution was mandatory, the petitioners pleaded before the court. The Apex Court in reply analyzed that the Articles 29 and 30 of the Indian Constitution do use the word “MINORITY” but they do not define the term. They describe the “minorities” as a “SECTION OF CITIZENS”, which the petitioners demand to be declared broadly.
The petitioners concluded that this act of non-identification of the minorities in the States declares the failure of the Centre in fulfilling its responsibility. Also, the State failed to eliminate the differences in the status, facilities, and opportunities.
Reported By : Komal Sabhnani