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A Public Interest Litigation (PIL) filed by Senior Advocate Arvind Datar on behalf of petitioner Ashwini Upadhyaya for declaring Hindus as a minority in 8 states was dismissed by Supreme Court on 10th November 2017. The Supreme Court directed the parties to approach the National Minorities Commission as it was not the competent body to declare the same.
Adv. Datar in his further argument contented that the National Commission only handled the cases with national level decisions and doesn’t pay attention to each and every state’s demand but Justice Ranjan Gogoi was not satisfied with the argument and subsequently quashed his petition.
The date of 8 states in which the question to declare Hindus as minorities arose, according to the 2011 Census are Lakshadweep- (2.5%), Mizoram- (2.75%), Nagaland- (8.75%), Meghalaya- (11.53%), J&K- (28.44%), Arunachal Pradesh- (29%), Manipur- (31.39%), Punjab- (38.40%).
The PIL was filed looking at the current status of Hindus in these states. They are constantly being stripped off of their rights guaranteed under Article 25 to 30 to the majority population. They have not been declared minority according to Section 2(c) of National Commission for Minority Act neither by the Central nor the State Government. The PIL also indicates that in States where Hindus are actually in majority they do not enjoy the status of being major and the minorities are not getting their status of minorities.
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