Religious minority status to be determined Pan-India | Fusion - WeRIndia

The Supreme Court said that the religious minority status must be determined on a pan India basis but not based on a state-wise.

While hearing a petition, the apex court held that the minority status has to be determined on a pan India basis.

The petition filed in the Supreme Court sought to declare Hindus as minorities in eight states where Muslims and Christians are in majority.

But, the court rejected the petition saying that the minority is not determined on a state basis, but it must be decided on a Pan-India basis.

The Public interest litigation (PIL) field by Ashwini Kumar Upadhyay sought minority status to Hindus in Jammu and Kashmir, Punjab, Lakshadweep, Mizoram, Meghalaya, Nagaland, Manipur and Arunachal Pradesh.

The petition also challenged the government notification related to religious minority status which is given to Muslims, Christians, Sikhs, Buddhists and Parsis.

The petition sought to form guidelines to provide religious minority status based on state-wise population of a community.

The PIL said that Hindus are minorities in certain states, but they are not getting the benefits of minorities due to existing rules.

However, the apex court dismissed the petition saying that religious minority should not be decided state-wise.

A bench headed by Chief Justice S A Bobde held that it is not possible as religion is based on Pan-India.

Unlike languages that are restricted state-wise, religions do not have state borders. They should be taken on a country basis.

Senior advocate Mohan Parasaran appeared for Upadhyay. He cited that there have been previous instances where state-wise population was considered for granting minority status.

But, the court asked him to show the judgements of apex court where the religious status had been decided state-wise.

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