SC dismisses petition seeking minority status for Hindus where they are in minority, asks petitioners to approach individual HC


The Supreme Court has dismissed a petition that demanded that Hindus be declared a minority in states where they are numerically in the minority. If Hindus were to be designated as a minority in the seven states and one Union Territory, then they would have been eligible for minority rights as specified in the Constitution. The petition was filed by BJP leader Ashwini Upadhyay.

The apex court has directed the petitioner to approach the individual High Courts of the states where Hindus are in the minority. Hindus are a minority in Lakshadweep, Mizoram, Nagaland, Meghalaya, Jammu and Kashmir, Arunachal Pradesh, Manipur and Punjab.

Upadhyay had contended that those who are not entitled to minority protection under Articles 29 and 30 of the Constitution, exemptions under Articles 15(5) and (6) of the Constitution, provisions of the Right to Education Act and welfare programmes of the Government, etc, are enjoying these measures. This is a clear violation of Articles 14 and 21 of the Constitution of India.

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Upadhyay had said that Hindus, who are a majority community as per national data, are in minority in several north-eastern states and in Jammu and Kashmir. He further added that the Hindu community is deprived of benefits that are available to the minority communities in these states.

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