Delhi HC issues notice to union ministries on plea seeking minority status for Hindus in 9 states

The Delhi High Court on Friday issued notices to the Union Ministries of Home Affairs, and Law and Minority Affairs on a Public Interest Litigation (PIL) seeking minority status to Hindus in nine states.

A division bench of Chief Justice DN Patel and Justice C Harishankar issued notices to the respondents in the matter and slated it for detailed hearing on May 4.

The petition, filed by petitioner advocate Ashwini Upadhyay, sought minority status for Hindus in nine states -- Ladakh, Mizoram, Lakshadweep, Kashmir, Nagaland, Meghalaya, Punjab, Manipur and Arunachal Pradesh.

Senior advocate Vikas Singh and Upadhyay also informed the court that the Supreme Court had last week directed them to approach the High Court.

The petition said that Hindus are a minority in these nine states but they cannot establish educational institutions of their choice in the spirit of Article 30 (1).

"Muslims are a majority in Lakshadweep, Kashmir and Ladakh and there is a significant population in Assam, West Bengal, Kerala, Uttarakhand, Delhi, Goa and Haryana. But, they are treated as a minority under Articles 29-30," the petition said.

The plea said that Christians are a majority in Mizoram, Nagaland, Meghalaya and there is a significant population in Arunachal Pradesh, Goa, Andaman, Kerala, Sikkim and Puducherry, but they are treated as a minority under Articles 29 and 30.

It also said that Sikhs are a majority in Punjab and there is a significant population in Chandigarh, Haryana and Delhi but they are also treated as a minority. It added that Buddhists are also a majority in Laddakh but they are treated as a minority.

The petition sought a declaration of the Notification on Minority Community dated October 23, 1993, as invalid and ultra-virus of the Constitution.

It further stated that denial of minority rights to real minorities and arbitrary unreasonable disbursement of minority benefits to majority infringes upon fundamental right to prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth, impairs the right to equality of opportunity in matters related to public employment and freedom of conscience and right to freely profess, practice and propagate religion.

"It also erodes the obligation of the state to endeavour to eliminate inequalities in status, facilities and opportunities," the plea said.