Fresh plea in SC challenges provision of NCM Act, seeks district-wise identification of minorities

A fresh plea has been filed in the Supreme Court challenging a provision of the National Commission for Minorities (NCM) Act and seeking a direction to the Centre to define ''minority'' and lay down guidelines for the identification of minorities at the district level.

The petition filed by Varanasi resident Swami Jeetendranand Saraswatee has challenged the validity of Section 2(c) of the NCM Act for not only giving unbridled power to the Centre but also being manifestly arbitrary and irrational.

The plea filed through advocate Bijan Kumar Ghose said that the facts constituting the cause of action accrued on May 17, 1992, when the Act came into effect and by using unbridled power under section 2(c), the Centre arbitrarily notified five communities namely Muslims, Christians, Sikhs, Buddhists and Parsis as a minority at the national level against the spirit of the TMA Pai ruling of the top court.

“Cause of action continues till date because followers of Judaism, Bahaism, and Hinduism; who are real minorities in Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Arunachal Pradesh, Punjab, Manipur, cannot establish and administer educational institutions of their choice because of non-identification of the 'minority' at the state level, thus jeopardizing their basic rights guaranteed under Article 29-30, it said.

The apex court is also hearing the plea filed by advocate Ashwini Upadhyay which has sought directions for framing guidelines for the identification of minorities at the state level, contending that Hindus are in minority in 10 states. The Centre had informed the apex court that the power to notify minorities is vested with the Union government and any decision in this regard will be taken after discussion with states and other stakeholders.

In an affidavit filed in response to a plea filed by advocate Ashwini Kumar Upadhyay, the ministry of minority affairs also said the central government has notified six communities as minority communities under section 2C of the National Commission for Minorities Act, 1992.

The Ministry of Minority Affairs had earlier told the apex court that state governments can declare any religious or linguistic community, including Hindus, a minority within the said state.PTI PKS RKS RKS