Ashwini Kumar Upadhay filed a petition in the Supreme Court seeking the criteria used for deciding whether a community is a minority or not, be changed. He opined that the minorities should be identified based on the status they enjoy in a particular state rather than in the whole country.
It looks for a heading to be issued to the Central government to characterize the expression "Minority" and set down rules for distinguishing proof, to guarantee that solitary those religious and etymological gatherings that are socially monetarily and politically non-prevailing and numerically sub-par may appreciate rights and insurances ensured under Articles 29-30. He also contended that section 2c of the National Commission for Minorities Act, 1992 be struck down. In 1993, the central government by which Muslims, Christians, Sikhs, Buddhists and Zoroastrians were considered as minorities irrespective of their financial and economic status. The petition prayed before the court to strike down the notification.
Chief Justice of India Ranjan Gogoi, along with Justices Deepak Gupta and Aniruddha Bose, asked the petitioner to serve a copy of the petition to the Attorney General KK Venugopal for his opinion on the matter.