Schemes For Minorities Do Not Violate Rights Of Other Communities : Union Of India Tells Supreme Court

While defending its schemes for welfare of minority communities at various levels, the Union of India has on Tuesday informed the Supreme Court that the schemes are not in contradiction to the principles of equality as enshrined in the Constitution and do not violate rights of members of other Communities.

The Union has further stated that the schemes are meant only for the economically weaker sections or underprivilegedchildren/ candidates/ women of the minority communities and not for everyone belonging to a minority community.

The submissions have been made through an affidavit filed in the plea filed before the top Court challenging the constitutional validity of the National Commission for Minorities Act 1972. A Bench comprising Justices R F Nariman and Ravindra Bhat had in January last year issued notice in the plea that has also challenged various financial benefits and educational grants given to minorities, while alleging that Centre is treating Muslims above law.

The Ministry of Minority Affairs has informed the Court that its schemes are being implemented at various levels to reduce the inequalities against the minority community and to improve the level of education, participation in employment, skill and entrepreneurship development, reducing deficiencies in civic amenities or infrastructure.

Further the Union of India has submitted that the schemes are legally valid as they are only enabling provisions so as to achieve inclusiveness and do not suffer from any infirmity. The support given to disadvantaged/underprivileged children/ candidates of minorities communities through these schemes can therefore not be faulted with.

The affidavit has also stated that the Ministry of Minority Affairs was set up so as to improve the socio economic condition of the minority communities through affirmative action and inclusive development so that every citizen has equal opportunity to participate actively in building a vibrant action.

With regards the National Commission for Minorities Act 1992, the affidavit has stated that six communities have been notified as the minority community including Muslims, Christians, Sikhs, Buddhists Parsis and Jains, and the National Commission for Minorities has been entrusted with task of looking into complaints regarding deprivation of rights and safeguards of minorities.

According to the present plea filed by Neeraj Shanker Saxena and five others, who are stated to be the followers of "Santan Vedic Dharm", the establishment of Minorities Commission is a "fraud on the constitution" which was committed by the Central Government to "appease a section of society at the cost of national integration".

The petitioners have alleged that Central Government is treating Muslims above law and undue advantage was being given to Waqf properties by neglecting Hindu religious establishments.

"the Central Government is treating Muslim community above law and the Constitution and an undue advantage is being given to them ignoring the provisions contained in Article 14,15 and 27 of the Constitution of India. The Hindu trust, mutts and other institutions are being placed at lower pedestal violating the equality clause enshrined in the preamble of the Constitution and the Constitutional injunction embodied in Article 14,15 and 27 of the Constitution of India", states the petition drawn and filed by Advocate Vishnu Shankar Jain.

"The Petitioners and other members of Hindu community are suffering because they have been born in majority community", the plea states.

It has also been argued by the petitioners that special schemes of the government for the benefits of minorities are violative of the Constitution. The petition challenges schemes such as Maulana Azad National Fellowship for students of minority communities.

"it is strange that Parliament has approved such schemes violating the constitutional injunction in Article 14,15 and 27 of the Constitution of India at the cost of the interest of similarly situated students of Hindu community. The similarly situated students of Hindu community are being discriminated only on the basis of their religion and on the other hand the members of notified minority communities are being benefited on the basis of their religion", states the petition

It has been contended that the tax payers' money is being utilised for the benefit of religious groups named as minority communities. Poor people from Hindu community are deprived of special benefits, and this amounts to a discrimination only on the ground of religion, violating Articles 14 and 15 of the petition.